A deferred prosecution agreement (DPA) is an agreed arrangement between a prosecutor and a person or entity (defendant) to resolve an allegation of wrongdoing that might otherwise be prosecuted as a criminal offense (crime).
A DPA is unlike a plea bargain, a sentence of probation, or a sentence of deferred adjudication, because in those instances the defendant is convicted of a crime—but a person or entity who enters a DPA is not convicted of a crime and the result may be dismissal of the charges.
In Arkansas, a Deferred Prosecution Agreement (DPA) is a discretionary tool that prosecutors may use to resolve certain criminal allegations without proceeding to trial. Under a DPA, the prosecutor agrees to grant a period of supervision, similar to probation, during which the defendant must meet specific conditions such as paying restitution, undergoing treatment, or performing community service. If the defendant successfully fulfills these conditions, the prosecutor may dismiss the charges, thus avoiding a criminal conviction on the defendant's record. DPAs are particularly useful in cases where the public interest may be better served by rehabilitation rather than punishment, or where the evidence may not be strong enough to guarantee a conviction. It's important to note that the availability and specific terms of DPAs can vary depending on the policies of individual prosecutorial offices and the circumstances of each case. Defendants considering a DPA should consult with an attorney to understand the implications and to ensure that their rights are protected throughout the process.