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 Massachusetts, a Deferred Prosecution Agreement (DPA) is a discretionary tool that prosecutors can 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 agreeing to fulfill certain requirements, such as paying restitution, undergoing treatment, or engaging in community service. If the defendant successfully meets the conditions set forth in the DPA, the charges may ultimately be dismissed. This allows the defendant to avoid a criminal conviction on their record. DPAs are more commonly used in the federal system and for corporate defendants, but they can also be applied in state cases at the discretion of the prosecutor. It's important to note that the availability and specific terms of a DPA can vary depending on the jurisdiction and the nature of the alleged offense. An attorney can provide guidance on the likelihood of obtaining a DPA in a particular case and the obligations it would entail.