Category: Sentencing · Statute: F.S. 948.08 · Source: Florida Legislature
Understanding Deferred Prosecution Agreement in Florida
In Florida, a Deferred Prosecution Agreement (DPA) is a formal contract between a defendant and the State Attorney’s Office, typically utilized in misdemeanor or non-violent third-degree felony cases. Governed by Section 948.08 of the Florida Statutes under the state's pretrial intervention program, a DPA allows eligible defendants to bypass the traditional trial process. Under this agreement, the prosecution formally pauses the criminal proceedings for a specified period—usually six to twelve months—while the defendant completes customized conditions such as drug rehabilitation, restitution, community service, or educational courses.
What distinguishes a DPA from other legal resolutions is that the defendant does not enter a plea of guilty or no contest, avoiding a formal conviction on their record. The State Attorney’s Office maintains sole discretion over who is admitted into these programs, often requiring the consent of the victim and the arresting officer. If the defendant successfully fulfills every term of the agreement, the state files a "Nolle Prosequi," which officially dismisses the charges. However, if the defendant violates any condition, the state revokes the agreement and resumes active prosecution of the original charges.
Impact of a DPA on Bail and Pretrial Release
Entering into a Deferred Prosecution Agreement directly resolves any active bail or pretrial release conditions. Once the State Attorney and the defendant sign the DPA and the court approves the diversion status, the defendant's original pretrial release conditions are lifted, and any cash bail or surety bond previously posted is discharged and returned to the depositor or bondsman. Because the prosecution is officially paused, the defendant is no longer subject to active supervision by a bail bondsman or pretrial services, provided they comply with the terms of the diversion program.