Deferred prosecution programs provide defendants with the opportunity to address the root causes of their criminal behavior. This is a substantial shift from traditional punitive actions and a step towards more progressive and effective criminal justice solutions.
DPAs - Disadvantages A DPA can be extremely demanding as the court can impose enforceable undertakings, which would not be the case on conviction following trial. Companies who accept a DPA may therefore be subject to more scrutiny of their corporate governance than those who do not cooperate.
Suppose a defendant complies with the terms of the DPA. In that case, the agency moves to dismiss the filed charges. Suppose a defendant breaches the agreement. In that case, the DPA typically permits federal prosecutors to resume the case and use the defendant's admissions in subsequent proceedings.
The Deferred Prosecution program allows the Prosecutor to Defer Prosecuting your case, provided you complete treatment requirements ordered by the court, pursuant to an assessment you complete with a state certified treatment provider.
If you successfully complete your probationary period, the charges against you are dropped. While the program will be present on your criminal record, it will not show as a “conviction” and will not affect your future in quite the same way.
The agreement allows a prosecution to be suspended for a defined period, provided the organisation meets certain specified conditions. DPAs can be used for fraud, bribery and other economic crime. They apply to organisations, never individuals.
With adjudication, the defendant may plead guilty or no contest, yet the court does not enter a conviction so long as the defendant completes certain requirements. On the other hand, deferred prosecution typically avoids the entry of any plea and the defendant agrees to fulfill the conditions set out in the DPA.