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 Vermont, a Deferred Prosecution Agreement (DPA) is a pre-trial diversion mechanism that allows a person accused of a crime to avoid formal prosecution under certain conditions. Vermont's pre-trial services program, which includes the option for a DPA, is designed to address the underlying causes of criminal behavior and is often used for individuals with substance abuse or mental health issues. Under a DPA, the state's attorney may agree to defer prosecution of the offense if the defendant complies with specific requirements, such as undergoing treatment, counseling, or community service. If the defendant successfully fulfills the terms of the agreement, the charges may be dismissed. However, if the defendant fails to meet the conditions, the prosecution may proceed. DPAs in Vermont are not applicable to all types of crimes and are typically used at the discretion of the state's attorney for eligible offenses.