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 Arizona, a Deferred Prosecution Agreement (DPA) is a 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 meet specific requirements, which may include restitution, community service, participation in treatment programs, or other conditions. If the defendant successfully fulfills these conditions within a specified period, the charges may be dismissed, meaning the defendant avoids a criminal conviction. DPAs are particularly useful in cases where the defendant is a first-time offender, or where the public interest is served by allowing rehabilitation or restitution rather than pursuing a conviction. However, if the defendant fails to comply with the terms of the DPA, the prosecution may be reinstated. It's important to note that the availability and specific terms of DPAs can vary depending on the jurisdiction within Arizona and the discretion of the prosecuting attorney's office.