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 Virginia, 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 prosecution agrees to grant a period of delay in the prosecution of a case in exchange for the defendant meeting certain requirements, such as undergoing treatment, completing community service, or engaging in other rehabilitative activities. If the defendant successfully fulfills the conditions set forth in the DPA, the charges may be dismissed, meaning the defendant avoids a criminal conviction. DPAs are particularly useful in cases where the public interest may be better served by allowing the defendant to avoid a criminal record, such as first-time offenders or individuals charged with non-violent crimes. 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 whether a DPA might be an option in a particular case and what the requirements would likely be under Virginia law.