What Is a Deferred Prosecution Agreement?
A deferred prosecution agreement (DPA) is a deal between the prosecutor and the defendant in a criminal case. The prosecutor agrees to hold the criminal charges in abeyance (suspend them) for a specified period, typically 6 to 24 months. During that period, the defendant must comply with strict conditions. If the defendant successfully completes all conditions, the charges are dismissed. If the defendant fails, the prosecution resumes immediately.
Conditions Typically Required
- Full Restitution — The defendant must pay back every dollar stolen or lost. In a Florida real estate fraud case, this could mean repaying hundreds of thousands of dollars to defrauded buyers.
- Community Service — A specified number of community service hours.
- No New Criminal Activity — The defendant cannot be arrested for any new offense during the deferral period.
- Cooperation — The defendant may be required to testify against co-conspirators or provide evidence in related investigations.
- Surrender of Professional Licenses — A real estate agent convicted of fraud may be required to surrender their license as a condition.
Real Estate Crime Applications
DPAs are frequently used in Florida white-collar real estate crimes:
- Mortgage Fraud — A loan officer who inflated appraisals agrees to a DPA requiring full restitution and cooperation with the FBI investigation.
- HOA Embezzlement — An HOA treasurer who stole assessment funds agrees to repay the association and perform community service in exchange for eventual dismissal of felony theft charges.
- Wire Fraud — A closing agent who diverted escrow funds enters a DPA with federal prosecutors.
Related Terms
- Fraud — The most common crime resolved through deferred prosecution in real estate
- Damages — The restitution amount the defendant must pay
- Deposition — Sworn testimony the defendant may be required to provide as a condition
Barnes Walker Criminal Defense
Barnes Walker's attorneys negotiate deferred prosecution agreements for Florida clients facing real estate fraud, embezzlement, and white-collar criminal charges, structuring compliance programs that maximize the likelihood of full charge dismissal. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC