Breach of Deferred Prosecution Agreement

A deferred prosecution agreement, or DPA, is a legal mechanism used in criminal cases to allow the defendant to avoid prosecution by meeting certain conditions. These conditions may include restitution, community service, or other requirements that are meant to demonstrate the defendant’s willingness to cooperate with law enforcement and make amends for their actions.

However, when a defendant breaches a deferred prosecution agreement, the consequences can be severe. In this article, we will discuss what happens when a defendant breaches a DPA, as well as what steps can be taken to prevent such a breach from occurring.

First and foremost, it’s important to understand that a deferred prosecution agreement is not a guaranteed escape from prosecution. If a defendant fails to meet the conditions of the DPA, the prosecution can resume as though the DPA never existed. This means that the defendant may be subject to trial, conviction, and sentencing. In addition, breaching a DPA can have severe consequences for the defendant’s reputation and future prospects.

So what constitutes a breach of a deferred prosecution agreement? Generally, a breach occurs when the defendant fails to meet one or more of the conditions set forth in the agreement. This may include failing to pay restitution, failing to complete community service, or failing to meet other requirements of the agreement.

If a breach is discovered, the prosecution may issue a notice of breach and provide the defendant with an opportunity to cure the breach. This may involve additional requirements or a deadline for completing the original requirements. If the defendant fails to cure the breach, the prosecution may revoke the DPA and resume prosecution.

To avoid a breach of a deferred prosecution agreement, it’s important for defendants to take their obligations seriously and to work closely with the prosecutor to ensure compliance. This may involve seeking legal counsel, keeping accurate records of progress toward meeting the requirements of the DPA, and making efforts to communicate effectively with the prosecutor.

In conclusion, a breach of a deferred prosecution agreement is a serious matter with potentially severe consequences. Defendants who are subject to a DPA should work closely with their legal team and the prosecutor to ensure compliance and avoid a breach. By doing so, they can avoid the negative consequences of a failed agreement and move forward with their lives.