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Criminal procedure

deferred prosecution agreement

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 South Carolina, 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 defendant agrees to comply with certain conditions, such as paying restitution, undergoing treatment, or performing community service, in exchange for the suspension of the criminal prosecution. If the defendant successfully fulfills the terms of the agreement, the charges may be dismissed, meaning there is no criminal conviction on the defendant's record. DPAs are typically used for non-violent offenses and for defendants who do not have a significant criminal history. It's important to note that the availability and specifics of DPAs can vary by jurisdiction within the state, and they are not guaranteed in every case. An attorney can provide guidance on the likelihood of obtaining a DPA based on the facts of a specific case and the policies of the local prosecutor's office.

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Criminal procedure

deferred prosecution agreement

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South-Carolina State Code

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Criminal procedure

deferred prosecution agreement

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