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 Maryland, 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 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 public interest may be better served by allowing the defendant to avoid a conviction and instead address the underlying issues related to the alleged offense. It's important to note that the availability and specific terms of DPAs can vary, and they are typically used at the discretion of the prosecutor. They are different from plea bargains, probation, or deferred adjudication, as the defendant does not enter a guilty plea and is not convicted of a crime as long as the terms of the DPA are met.