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 Montana, 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 defendant agrees to comply with certain conditions set forth by the prosecutor, such as paying restitution, undergoing treatment, or engaging in community service. In exchange, the prosecutor agrees to suspend the prosecution for a specified period. If the defendant fulfills the conditions of the agreement, 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 when the public interest is served by allowing the defendant to avoid a criminal record. It's important to note that the availability and specific terms of DPAs can vary, and they are typically at the discretion of the prosecutor. An attorney can provide guidance on the likelihood of obtaining a DPA in a given case and the obligations it would entail.