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 York, a Deferred Prosecution Agreement (DPA) is a tool that can be used by federal prosecutors, as there is no specific state statute that provides for DPAs at the state level. DPAs are more commonly used in the federal system, particularly for white-collar crimes and corporate offenses. Under a DPA, the prosecution agrees to grant amnesty for a certain period in exchange for the defendant agreeing to fulfill certain requirements, which may include paying fines, implementing corporate reforms, or cooperating with ongoing investigations. If the defendant complies with the terms of the DPA, the charges may be dismissed after the deferral period. It's important to note that while the defendant does not plead guilty and is not convicted when entering into a DPA, there is an admission of facts that could lead to a conviction if the agreement is breached and the prosecution proceeds. The use of DPAs in New York follows the guidelines and practices established at the federal level, and they are typically negotiated with the assistance of an attorney.