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 Nebraska, 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 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 prosecutor may dismiss the charges, thus avoiding a criminal conviction for the defendant. This approach is particularly used for first-time offenders or in cases where the public interest may be served by not pursuing a conviction. It's important to note that the availability and specifics of DPAs can vary by jurisdiction within the state, and they are not applicable in all types of criminal cases. An attorney can provide guidance on the likelihood of entering into a DPA based on the specifics of the case and the policies of the local prosecutor's office.