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 Jersey, a Deferred Prosecution Agreement (DPA) is a discretionary tool that prosecutors can use to resolve certain criminal allegations without a conviction. Under a DPA, the prosecutor agrees to grant a temporary reprieve from prosecution, and in return, the defendant may need to meet specific requirements, such as paying restitution, undergoing treatment, or implementing corporate reforms. If the defendant fulfills the conditions of the agreement, the charges may ultimately be dismissed. DPAs are particularly used in cases involving corporate defendants, where the goal is to address misconduct without the collateral consequences of a criminal conviction. It's important to note that the availability and specifics of DPAs can vary, and they are not guaranteed in every case. They are also more common in federal cases, particularly for white-collar crimes, than in state prosecutions. An attorney can provide guidance on the likelihood of securing a DPA in a given case and the obligations it would entail.