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 Dakota, a Deferred Prosecution Agreement (DPA) is a tool that prosecutors may use at their discretion to resolve certain criminal allegations without proceeding to trial. Under a DPA, the defendant agrees to comply with certain conditions set forth by the prosecutor, such as paying restitution, undergoing treatment, or engaging in community service. In exchange, the prosecutor agrees to suspend the criminal proceedings for a specified period. If the defendant fulfills the conditions of the agreement, the charges may be dismissed, and the defendant avoids a criminal conviction. DPAs are particularly useful in cases where the defendant is a first-time offender, or where the prosecutor believes that alternative measures would better serve the interests of justice than a criminal conviction. It's important to note that the availability and specific terms of DPAs can vary, and they are not guaranteed in every case. An attorney can provide guidance on the likelihood of securing a DPA based on the specifics of the case and the policies of the local prosecutor's office.