Under Massachusetts Criminal Laws,
agreeing to a Continuance without a Finding is not the same as
pleading guilty. Technically, it is an admission that "there are
sufficient facts to find you guilty" of the charges. Pleading to
a CWOF will happen at a pre-trial
conference as part of a plea agreement, if your attorney can get
the prosecutor to agree.
A continuance
without a finding is also sometimes called a continuation without a
finding, or a CWOF (pronounced "quaff"). It
is similar to a nolo contendere,
or no contest plea in other states. A continuance plea may be available to you
in Massachusetts Criminal Courts if you are facing misdemeanor charges
for drug or marijuana possession charges, assault, 1st offense OUI
charges, many driving charges such as operating on a suspended license
or without a license or insurance, reckless driving / operating to
endanger, and other misdemeanor first offense MA criminal
charges.
Why Agree to a CWOF?
If your case is continued without a
finding, it can help you in cases where a finding of guilty would cause
you problems in your career or educational opportunities. Some job
applications ask you if you've ever been found guilty of a crime, and
you can honestly answer "no". A guilty plea vs. a cwof may
make a difference for certain law enforcement careers, security
clearances, the right to own certain firearms, eligibility for certain
scholarships or financial aid, or many other reasons.
A
CWOF will not make any difference vs. a guilty plea if you are
found guilty of the same offense in the future. It will stay on your
record, and will absolutely be used against you in the future if you
are charged with a second offense.
If
you are facing a criminal charge in Massachusetts, and are wondering
of you may be eligible to plead to a CWOF, give me a call for a free
criminal defense consultation at
(781)326-2700.
I'll consult with you and discuss all your options before you even
decide
if you want to hire me. Defending people accused of crimes is what I
do for a living. Call to set up a free consultation now to find out if
I can help you.
Sincerely,
Elliot Savitz, Attorney at Law
30 Eastbrook Road
Suite 201
Dedham, MA 02026
(781)326-2700