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 Mexico, a Deferred Prosecution Agreement (DPA) is a pre-trial diversion mechanism that allows the prosecutor and the defendant to reach an agreement to suspend the prosecution of a criminal charge under certain conditions. The DPA typically requires the defendant to fulfill specific obligations, such as paying restitution, undergoing treatment, or performing community service. If the defendant successfully meets the conditions of the DPA, the criminal charges may be dismissed, and there will be no criminal conviction on the defendant's record. This is distinct from a plea bargain, where the defendant pleads guilty to a lesser charge, or probation and deferred adjudication, which involve a conviction. DPAs are particularly useful for first-time offenders or in cases where the public interest may be better served by rehabilitation rather than a criminal trial. The availability and specific terms of DPAs are subject to the discretion of the prosecutor's office and may vary based on the nature of the offense and the policies of the jurisdiction within New Mexico.