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 West Virginia, 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 prosecutor agrees to grant a temporary reprieve from prosecution, and in return, the defendant agrees to fulfill certain requirements, which may include paying restitution, undergoing treatment, or engaging in community service. If the defendant successfully meets the conditions of the agreement, the charges may be dismissed, thus avoiding 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. It's important to note that the availability and specific terms of DPAs can vary depending on the policies of individual prosecutorial offices and the circumstances of each case. An attorney can provide guidance on the likelihood of securing a DPA in a given situation and the obligations it would entail.