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 Delaware, 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 prosecution agrees to grant a period of delay in the prosecution of a case in exchange for the defendant meeting certain requirements, such as paying restitution, undergoing treatment, or engaging in community service. If the defendant fulfills the conditions set forth in the agreement, the charges may be dismissed, thus avoiding a criminal conviction. DPAs are particularly useful in cases where the defendant is a first-time offender, or where there are other mitigating circumstances that make full prosecution undesirable. It's important to note that the availability and specific terms of DPAs can vary, and they are subject to the discretion of the prosecutor's office. Defendants considering a DPA should consult with an attorney to understand the implications and ensure that their rights are protected throughout the process.