What is a Deferred Prosecution Agreement in Wisconsin - Carlos Gamino

By Carlos Gamino

Some people can get deferred prosecution agreements, or DPAs, in Wisconsin. Under Wisconsin law, these types of agreements let a person to enter into an agreement with the court to get him- or herself reduced charges or a complete dismissal of the charges.

Here’s how they work.

What is a Deferred Prosecution Agreement in Wisconsin?

A deferred prosecution agreement is an agreement between a person who’s facing criminal charges and the court. It allows the person facing the charges to complete certain actions or fulfill certain conditions in exchange for reduced charges or dismissal.

Sometimes the terms of a DPA include things like:

  • Requirements that you complete alcohol or drug abuse counseling
  • Provide negative drug screens
  • Complete community service
  • Pay victims restitution

Who’s Eligible for Deferred Prosecution Agreements?

Not everyone is eligible for a deferred prosecution agreement. Usually, an offender must have a limited criminal record and must accept responsibility for the offense in order to qualify. If a DPA is something you’re interested in, talk to your criminal defense attorney – it might be possible in your case.

Should You Take a Deferred Prosecution Agreement?

If you’re offered a DPA, you’ll probably be required to admit guilt to the offense you’re accused of committing. You do not have to accept a DPA – but it can be beneficial in some cases. However, remember that if you do accept a deferred prosecution agreement: You

  • Waive your right to challenge the case
  • Can’t file any motions to suppress evidence or statements
  • Give up your right to a trial

On the other side of the coin, you will either have your charges reduced or your case will be dismissed (as long as you complete the terms of your agreement).

What if You Don’t Complete the Terms of the DPA?

If you fail to complete the terms of the DPA, the court will revoke it – and you’ll be sentenced on the original charge you had when you entered into the agreement.

Do You Need Legal Advice on Deferred Prosecution Agreements?

If you’ve been accused of a crime in Wisconsin – any crime – we may be able to help you. Call us right away at 414-383-6700 to get the legal help you need, or contact us online.

Carlos Gamino