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 Kansas, 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 charges may be dismissed, 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 allowing the defendant to avoid a criminal record. It's important to note that the availability and specifics of DPAs can vary by jurisdiction within Kansas, and they are typically at the discretion of the prosecutor. Unlike a plea bargain, which involves a guilty plea, or deferred adjudication, which may result in a conviction if the defendant fails to meet the conditions, a DPA does not involve a conviction and can lead to a complete dismissal of charges upon successful completion.