Deferred Prosecution Agreements Explained
Deferred prosecution agreements (DPAs) have become an increasingly common tool in the criminal justice system, particularly in cases involving corporate wrongdoing. But what exactly are they, and how do they work?
Understanding Deferred Prosecution Agreements
What is a deferred prosecution agreement?
A deferred prosecution agreement is a voluntary alternative to adjudication in which a prosecutor agrees to grant amnesty in exchange for the defendant agreeing to fulfill certain requirements. These requirements often include paying fines, cooperating with investigations, or implementing compliance measures. If the defendant meets the terms of the agreement, the charges are typically dismissed after a set period.
How Deferred Prosecution Agreements Work
DPAs are generally used in cases where the prosecution believes that criminal charges are warranted but that a conviction may not be in the public interest. The agreement is usually filed with a court and is subject to judicial approval. The defendant must admit to the facts of the case and agree to abide by the terms set out in the agreement.
If the defendant successfully completes the terms of the DPA, the prosecution will dismiss the charges. If the defendant fails to comply, the prosecution may resume the case and proceed to trial.
Key Features and Benefits
What are the benefits of deferred prosecution agreements?
DPAs offer several benefits. For defendants, they provide an opportunity to avoid a criminal conviction and the associated penalties, provided they comply with the agreement's terms. For prosecutors, DPAs can ensure accountability and encourage cooperation without the time and expense of a trial. They also allow for restitution to victims and the implementation of reforms to prevent future wrongdoing.
Comparing DPAs and NPAs
What is the difference between a DPA and NPA?
While both DPAs and non-prosecution agreements (NPAs) are alternatives to prosecution, there are key differences. A DPA involves the filing of formal charges, which are then suspended while the defendant fulfills the agreement's terms. An NPA, on the other hand, does not involve the filing of charges; instead, the prosecutor agrees not to pursue charges as long as the defendant complies with the agreement.
Record and Duration
How long does a deferred prosecution stay on your record?
The duration that a deferred prosecution stays on your record depends on the terms of the agreement and the jurisdiction. Typically, once the terms of the DPA are fulfilled and the charges are dismissed, the record of the prosecution may be sealed or expunged, but this is not automatic and may require a separate legal process.
Conclusion
Deferred prosecution agreements are a valuable tool for both prosecutors and defendants, offering a way to resolve criminal cases without the need for a trial. Understanding how they work and their implications can help individuals and organizations navigate the legal system more effectively.
