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 Idaho, 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 engaging in 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 there are other mitigating circumstances that make diversion from the traditional criminal justice process appropriate. It's important to note that the availability and specific terms of DPAs can vary depending on the policies of individual prosecutors' offices within Idaho, and they are not available for all types of crimes. An attorney can provide guidance on whether a DPA might be an option in a particular case and help negotiate the terms of the agreement.