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 Wyoming, a Deferred Prosecution Agreement (DPA) is a pre-trial diversion mechanism that allows the prosecutor and the defendant to agree on certain conditions to be met in lieu of proceeding with a criminal prosecution. Under a DPA, the defendant may agree to fulfill specific requirements such as paying restitution, undergoing treatment, or engaging in community service. If the defendant successfully complies with the terms of the DPA, the charges may be dismissed, and thus the defendant avoids a criminal conviction. This is distinct from a plea bargain, where the defendant pleads guilty to a lesser charge, or probation and deferred adjudication, which both occur post-conviction. DPAs are particularly useful in cases where the public interest may be better served by allowing the defendant to avoid a criminal record, provided they take responsibility and meet the conditions set forth by the agreement. The availability and specific terms of DPAs can vary, and they are subject to the discretion of the prosecutors in Wyoming.