Deferred Prosecution and Deferred Sentencing Agreements in Washington, D.C.: How Do They Work?

completes the requirements successfully, the guilty plea may be withdrawn and the government may dismiss the case.

If the defendant fails to comply, the case can proceed to sentencing based on the guilty plea that was already entered.

DPA vs. DSA: What Is the Difference?

The most important difference involves the guilty plea.

With a DPA, prosecution is deferred without the defendant first entering a guilty plea.

With a DSA, the defendant pleads guilty, but sentencing is delayed while the agreement is completed.

This distinction can make a significant difference if the agreement is not completed successfully.

For that reason, defendants should understand exactly what they are agreeing to before accepting either form of diversion.

Who May Be Eligible for Diversion?

Eligibility depends on the individual case.

The U.S. Attorney’s Office considers factors such as:

• The seriousness of the alleged offense

• Prior criminal history

• The wishes of the complainant

• Whether the defendant is currently on probation, parole, or supervised release

• Compliance with pretrial release conditions

• Prior violent, firearm, sex-offense, or domestic-violence history

• Whether the alleged offense involved serious injury or weapons

Certain offenses or criminal histories can make a defendant ineligible.

Even someone who appears to satisfy general eligibility guidelines is not automatically entitled to a DPA or DSA.

What Happens If You Violate the Agreement?

Failure to satisfy diversion requirements can have serious consequences.

With a DPA, prosecutors may terminate the agreement and resume prosecution of the original criminal charges.

With a DSA, noncompliance may cause the case to proceed to sentencing because the defendant has already entered a guilty plea.

Possible violations may include failing to complete community service, violating stay-away conditions, failing to pay required restitution, or receiving new criminal charges during the diversion period.

Why These Agreements Can Matter

Successful diversion can provide an important alternative to a traditional prosecution.

For qualifying defendants, successful completion may result in dismissal of the charges rather than a conventional criminal conviction. However, dismissal does not necessarily mean that every arrest or court record automatically disappears. Separate record-sealing laws and eligibility requirements may apply.

Speak With a Washington, D.C. Criminal Defense Attorney

A diversion offer should be reviewed carefully before it is accepted. A Washington, D.C. criminal defense attorney can explain whether a DPA or DSA is available, compare the agreement with other defense options, review the conditions, and explain the consequences of noncompliance.

If you are considering a Deferred Prosecution Agreement or Deferred Sentencing Agreement in Washington DC, understanding the difference between the two can help you make a more informed decision about how to resolve your case.

Disclaimer

This article is for informational purposes only and does not constitute legal advice. Diversion policies and eligibility requirements may change, and every case depends on its specific facts and applicable law.