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 North Carolina, a Deferred Prosecution Agreement (DPA) is a legal option available to certain defendants where the prosecution agrees to dismiss criminal charges upon the defendant's fulfillment of specific conditions. This option is typically offered to first-time offenders or individuals charged with non-violent crimes. Under a DPA, the defendant may be required to complete community service, pay restitution, undergo treatment or counseling, or meet other conditions set forth by the prosecutor. If the defendant successfully complies with the terms of the agreement within a specified period, the criminal charges are dismissed, resulting in no criminal conviction on the defendant's record. However, if the defendant fails to meet the conditions, the prosecution may resume, and the case proceeds through the criminal justice system. It's important to note that the availability and specifics of DPAs can vary by jurisdiction within the state, and entering into a DPA typically requires the consent of the court.