What Are Deferred Prosecution Agreements? | ATX Legal
Understanding Deferred Prosecution Agreements: How They Can Help You Avoid Criminal Charges
When offered, a Deferred Prosecution Agreement is a great way to secure dismissal of your charges within the criminal justice system at both the felony and misdemeanor level. Importantly, do NOT confuse Deferred Prosecution with Deferred Adjudication, which will be covered in a separate blog post. Deferred adjudication can come with significant ramifications to your criminal history and it does NOT result in a dismissal. Simply put, it is not as good an offer as a deferred prosecution. If you are charged with a crime in Central Texas, reach out to us for a free consultation.
What is a Deferred Prosecution Agreement?
You won’t find a definition of a deferred prosecution in the criminal code. That’s because they are simply contracts with the prosecutor. The prosecutor agrees to drop charges. In exchange, the defendant agrees to take certain measures such as no contact with the alleged victim, classes, counseling, community service hours, etc. In a case involving domestic violence or alcohol dependency, the court may impose specific conditions to ensure safety and promote rehabilitation.
Because DPAs are not codified in criminal law, they can vary greatly from jurisdiction to jurisdiction. That is why it is important to speak with a lawyer who is familiar with the local customs of a particular court. One thing to pay close attention to, is whether or not you are waiving your right to jury trial. Some agreements allow you to retain that right if you “fail” out of the program, while others do not. Always speak with your attorney about the potential consequences if you are kicked out.
Definition and Purpose
A deferred prosecution agreement is an alternative to traditional prosecution, allowing you to avoid being convicted, along with severe punishments and a permanent criminal record.
It’s an agreement (similar to a plea bargain) between the prosecutor and defendant to dismiss charges after fulfilling certain conditions, such as probation, restitution, community service, and not committing other crimes for a certain time period.
How Deferred Prosecution Agreements Work
Eligibility and Requirements
To be eligible, you must meet specific conditions, such as the prosecutor’s agreement, and may be required to plead guilty and admit guilt. In some jurisdictions, a non-prosecution agreement may also be an option for corporations accused of criminal conduct. These conditions vary greatly from jurisdiction to jurisdiction, but typically cater to non-violent crimes and first-offenders.
In some cases, you may be required to pay restitution upfront, although this may not be necessary for low-income defendants.
The Process
The process of a deferred prosecution agreement involves several key steps designed to ensure fairness and compliance. Initially, the prosecutor conducts an assessment to determine if deferred prosecution is a suitable option for the case. Following this, the prosecutor and the defendant’s attorney enter into negotiations to establish the terms of the agreement. Once both parties reach a consensus, the agreement is presented to the court for approval. The court then reviews the agreement to ensure it aligns with legal standards. Upon approval, the defendant begins to fulfill the terms, which may include treatment programs, community service, or other specified conditions. Throughout this period, the prosecutor and the court monitor the defendant’s progress to ensure adherence to the agreement. If the defendant successfully meets all the conditions, the charges are ultimately dismissed, allowing them to avoid a criminal conviction.
Benefits of Deferred Prosecution
Avoiding Criminal Charges, Reducing Penalties, and Managing Collateral Consequences
The benefits of a deferred prosecution agreement include dismissed charges and no criminal conviction, helping you avoid collateral consequences.
You can avoid prosecution and the associated penalties, such as jail or prison time, fines, and a criminal record that can impact your life.
A deferred prosecution agreement can also help you maintain a clean criminal record.
IMPORTANT: Deferred adjudication pleas are NOT prosecution agreements that allow for a dismissal. Be sure to discuss the differences with your attorney
Advantages for Defendants
Deferred prosecution offers several significant advantages for defendants. One of the primary benefits is the avoidance of a conviction, which can have far-reaching consequences on both personal and professional aspects of life. By entering into a deferred prosecution agreement, defendants often face reduced penalties, such as lower fines or shorter sentences, compared to traditional prosecution. Additionally, these agreements provide an opportunity for treatment and rehabilitation, addressing underlying issues that may have contributed to the criminal act. This can be particularly beneficial for defendants seeking to make positive changes in their lives. Deferred prosecution also helps in preserving the defendant’s reputation, as the charges are ultimately dismissed, preventing a permanent criminal record. Lastly, it can result in cost savings, as defendants avoid the expenses associated with a lengthy trial.
Corporate Liability and Deferred Prosecution Agreements
Deferred prosecution agreements (DPAs) are a common tool used by federal prosecutors to resolve cases involving corporate misconduct. These agreements allow business organizations to avoid prosecution by agreeing to cooperate fully with investigations, implement remedial measures, and comply with specific conditions. This approach not only helps in addressing the immediate issue of corporate misconduct but also promotes long-term compliance and ethical corporate conduct. By entering into a DPA, corporations can avoid the severe penalties and collateral consequences that come with being found guilty of white collar crime, while still being held accountable for their actions.
Corporate Accountability
DPAs promote corporate accountability in several ways. Firstly, they encourage corporations to cooperate fully with investigators, providing valuable information about the wrongdoing and other persons involved. This cooperation can be crucial in uncovering the full extent of the criminal act. Secondly, DPAs require corporations to implement remedial measures to prevent future misconduct, ensuring that the issues are addressed at their root. Lastly, these agreements ensure that corporations comply with laws and regulations, reducing the risk of future violations and promoting a culture of compliance within the organization.
Plea Agreement vs. Deferred Prosecution Agreement
While both plea agreements and deferred prosecution agreements are used to resolve criminal cases, there are key differences between the two. In a plea agreement, the defendant agrees to plead guilty to the charges, resulting in a conviction and often more severe penalties. In contrast, a deferred prosecution agreement does not require the defendant to admit guilt, and if the conditions are met, the charges are dismissed without a conviction. Plea agreements typically do not include conditions for the defendant to fulfill, whereas deferred prosecution agreements often involve specific requirements such as community service, restitution, or treatment programs. Ultimately, a deferred prosecution agreement offers the advantage of avoiding a criminal conviction and the associated collateral consequences, making it a preferable option for many defendants.
Key Differences
Working with a Criminal Defense Attorney
Importance of Legal Representation
If you’re accused of a crime, your first step should be to retain an experienced criminal defense lawyer who is familiar with the criminal justice system and deferred prosecution agreements.
Your attorney can determine your defenses, mount a strong defense strategy, and help you weigh your options, including a deferred prosecution agreement.
They can also meet with the prosecutor to discuss a deferred prosecution agreement and negotiate the terms, ensuring you receive the best possible outcome in your criminal case
Contact us for a free consultation
If you or a loved one is charged with wrongdoing, ATX Legal offers no-cost consultations to discuss your case. We also offer flat fees and payment plans for most charges. We handle cases in Travis, Hays, and Williamson counties. Contact us today by phone, text, or by filling out a contact form.