King Law | Deferred Prosecution Agreements: A Path to Dismissed Charges
deferred prosecution agreement

When someone facing criminal charges seeks legal representation, a skilled attorney employs a variety of strategies to potentially dismiss, reduce, or successfully contest the charges. While an attorney’s strategies are largely limited by the type of charges brought, one particularly advantageous option available in certain cases is a Deferred Prosecution Agreement (DPA).

A Deferred Prosecution Agreement is a mechanism through which the defendant and the State agree that the State will postpone prosecuting the Defendant if the Defendant agrees to meet certain conditions. If the Defendant meets those conditions the State will dismiss the charges. However, if the Defendant fails to meet the terms and conditions of the agreement the State will resume its prosecution.

The specific conditions of a Deferred Prosecution Agreement can vary significantly and often depend on the defendant’s charges and circumstances. Such conditions could be community service, substance abuse classes, or even probation. If the charged offense was something that caused damage to another, then payment of restitution to the victim will almost certainly be a condition. Additionally, admitting guilt, while not required is usually a condition of any Deferred Prosecution Agreement. This term incentivizes the State to enter into an agreement because it will allow them to swiftly convict a defendant who breached the terms of their Deferred Prosecution Agreement.

Not everyone qualifies for a DPA; there are five criteria. First, the offense must not exceed a Class H misdemeanor, such as minor assaults or thefts. Serious felonies disqualify defendants. Second, victims must be notified and given a chance to object—a crucial factor, as objections can prevent DPA approval.

Third, a defendant must not have previously been convicted of a felony or misdemeanor involving moral turpitude. Misdemeanors of moral turpitude are crimes that would involve theft, fraud, or dishonestly in general.

Fourth, the defendant must have never been placed on probation, and Fifth, the defendant must be unlikely to commit another offense other than a Class 3 misdemeanor. This last factor is largely subjective. While it’s unlikely that a person who met the first 4 factors would be likely to commit more crimes, this determination will be made on the specific facts of the case.

Importantly, DPA eligibility is at the District Attorney’s discretion, influenced by various factors. Professional conduct in court is pivotal; unprofessional behavior might deter DPA offers. Additionally, regional attitudes toward crimes—like leniency for marijuana versus strictness for opioids—affect DPA availability.

Deferred Prosecution Agreements aren’t automatic rights but tools for states to show leniency to one-time offenders. While not guaranteed, opting for a DPA when available could be the most favorable choice.

At King Law, we understand the urgency of resolving criminal matters swiftly. Our experienced attorneys stand ready to advocate for your rights and navigate you through this challenging time. Contact us at (888)748-KING (5464) or visit our website to consult with one of our skilled attorneys about your criminal charge. With offices across Eastern Tennessee, Western North Carolina, and Upstate South Carolina, we are dedicated to providing you with the best possible defense

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