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 New Hampshire, 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 prosecutor agrees to grant a temporary reprieve from prosecution, and in return, the defendant agrees to fulfill certain requirements, such as paying restitution, undergoing treatment, or engaging in community service. If the defendant successfully meets the conditions of the agreement, the charges may be dismissed, meaning there is no criminal conviction on the defendant's record. DPAs are particularly useful in cases where the public interest may be better served by allowing the defendant to avoid a criminal record, provided they take responsibility and make amends for their actions. It's important to note that the availability and specifics of DPAs can vary depending on the policies of individual prosecutorial offices and the circumstances of each case. Unlike plea bargains or probation, where a conviction is entered, a DPA allows for the possibility of avoiding a criminal record if the defendant complies with the agreement's terms.