Deferred Prosecution Agreement Definition: Understanding the Ins and Outs

A deferred prosecution agreement (DPA) is a legal agreement between a prosecutor and an individual or organization accused of wrongdoing. The agreement allows the accused party to avoid criminal charges by complying with certain stipulations.

The concept of a DPA was introduced in the United States in the early 1990s as a way to deal with corporate crime. Since then, its use has expanded to cover a wide range of criminal cases.

To enter into a DPA, the accused party must usually admit to certain facts related to the alleged crime. The prosecutor then agrees to defer prosecution for a predetermined period of time, during which the accused party must meet specific requirements. These may include financial penalties, corrective actions, community service, or other forms of punishment.

The ultimate goal of a DPA is to encourage remedial actions that address the underlying causes of the alleged criminal behavior. By avoiding a criminal trial, the accused party can save significant amounts of time and money, while also avoiding the negative publicity that can come with a criminal conviction.

A key feature of a DPA is its flexibility. Unlike a conviction, a DPA can be tailored to the specific circumstances of the case, allowing prosecutors to demand appropriate punishments and remedies. This allows for faster and more effective resolution of cases, which can be beneficial for both prosecutors and defendants.

Although DPAs can be a useful tool for resolving criminal cases, they are not without controversy. Critics argue that they allow corporations and wealthy individuals to avoid criminal convictions that would be imposed on others for similar crimes. Additionally, some argue that DPAs can allow companies to continue engaging in criminal behavior without meaningful consequences.

Overall, a deferred prosecution agreement is a legal agreement that offers a flexible and effective way to resolve criminal charges while also encouraging remedial actions. If you are facing criminal charges and are interested in exploring the possibility of a DPA, it’s important to seek the advice of an experienced attorney who can help guide you through the process.