A Deferred Prosecution Agreement is a mechanism through which the defendant and the State agree that the State will postpone prosecuting the Defendant. A deferred prosecution agreement is essentially an agreement not to charge a company.Deferred Prosecution is one prosecutor‐led diversion mechanism which has the potential to reduce criminal justice involvement and incarceration rates while. Table 26: Sample Factors in Selecting Projects. 279. This article argues that deferred prosecution agreements violate basic principles of justice. The Fraud Section and the Office agree to defer prosecution of the Company pursuant to the terms and conditions described below. 2.