Deferred prosecution agreements (DPA) and non-prosecution agreements (NPA) are two legal arrangements that can help individuals or companies avoid criminal prosecution. These agreements are commonly used in cases where there is evidence of wrongdoing, but the prosecution decides to offer an alternative to criminal prosecution.
Deferred Prosecution Agreement
A deferred prosecution agreement is a legal arrangement between a prosecutor and a defendant in a criminal case. The agreement typically requires the defendant to pay a fine or perform community service, among other things. In exchange, the prosecutor agrees to defer the prosecution of the case for a specified period, usually between one and three years.
During the deferral period, the defendant is required to comply with the terms of the agreement. If the defendant fulfills the requirements of the agreement, the prosecutor will dismiss the charges against the defendant. However, if the defendant violates the terms of the agreement, the prosecutor can resume the prosecution of the case.
Deferred prosecution agreements are commonly used in cases involving white-collar crime, such as fraud or embezzlement. They are also used in cases involving minor drug offenses or non-violent crimes.
Non-Prosecution Agreement
A non-prosecution agreement is a legal arrangement between a prosecutor and a defendant that is similar to a deferred prosecution agreement. However, in a non-prosecution agreement, the prosecutor agrees not to prosecute the defendant in exchange for the defendant`s cooperation in the case.
Non-prosecution agreements are commonly used in cases where the defendant has information that could be useful to the prosecution. For example, a defendant who is involved in a criminal conspiracy may agree to cooperate with the prosecution in exchange for a non-prosecution agreement.
Non-prosecution agreements are also commonly used in cases involving corporate wrongdoing. In these cases, a company may agree to cooperate with the prosecution in exchange for a non-prosecution agreement. This allows the company to avoid criminal charges, but it must comply with the terms of the agreement, which may include paying a fine or implementing new compliance measures.
Conclusion
Deferred prosecution agreements and non-prosecution agreements are legal arrangements that can help individuals or companies avoid criminal prosecution. These agreements can be useful in cases involving white-collar crime, minor drug offenses, or corporate wrongdoing. However, it`s important to note that these agreements are not always the best option, and defendants should seek the advice of an experienced criminal defense attorney before entering into any legal arrangement with a prosecutor.