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 Missouri, a Deferred Prosecution Agreement (DPA) is a tool that prosecutors may use at their discretion to resolve certain criminal allegations without proceeding to trial. Under a DPA, the prosecutor agrees to grant a period of delay before prosecuting a defendant, and in return, the defendant must meet specific requirements, which may include paying restitution, undergoing treatment, or engaging in community service. If the defendant fulfills the conditions of the agreement, the prosecutor may dismiss the charges, thus avoiding a criminal conviction for the defendant. DPAs are particularly useful in cases where the public interest may be better served by allowing a defendant to avoid a criminal record, such as first-time offenders or in situations where the defendant has taken significant steps to rectify the harm caused by their actions. It's important to note that the availability and specific terms of DPAs can vary depending on the policies of individual prosecuting offices and the circumstances of each case. Unlike a plea bargain or probation, where a conviction is entered, a successfully completed DPA in Missouri can result in no criminal conviction on the defendant's record.