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 Iowa, a Deferred Prosecution Agreement (DPA) is a 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, meaning the defendant avoids a criminal conviction. DPAs are particularly useful in cases where the defendant is a first-time offender, or where the prosecutor believes that the public interest is better served by rehabilitation rather than punishment. It's important to note that the availability and specific terms of DPAs can vary depending on the policies of individual county attorneys' offices within Iowa, and they are not available for all types of crimes. Unlike a plea bargain, which involves pleading guilty to a lesser charge, or deferred adjudication, where a conviction may be entered but later withdrawn upon successful completion of conditions, a DPA typically does not involve a conviction unless the defendant fails to meet the agreement's terms.