CRIMINAL DEFENSE LAWYER What Is A Continuance Without A Finding (CWOF)? In Massachusetts

If you’re facing criminal charges in Massachusetts, you might have heard about a legal option called Continuance Without a Finding (CWOF). This legal term can be confusing, but understanding it is crucial if you want to navigate your legal situation effectively. In this guide, we’ll break down what a CWOF is, how it works, and what it means for you.

What Is a Continuance Without a Finding (CWOF)?

A Continuance Without a Finding (CWOF) is a legal outcome available in Massachusetts for first-time offenders or those with minimal criminal records. Essentially, it allows you to avoid a formal conviction. Here’s how it works:

1. Definition: A CWOF means you admit to sufficient facts that could lead to a guilty finding, but instead of immediately being found guilty, your case is put on hold while you complete a probation period.
2. Eligibility: Generally, CWOF is offered to individuals who have not been convicted before or those with minor criminal records. It’s an option before your trial begins, allowing you to avoid a guilty verdict if you meet specific conditions.

How Does a CWOF Work?

When you accept a CWOF, you agree to a set of conditions, typically involving probation. Here’s a step-by-step look at how it works:

1. Process: You make an admission to sufficient facts for a guilty finding, but the court does not formally convict you. Instead, the court continues your case without a finding.
2. Probation Terms: During your probation period, you must comply with certain conditions such as attending counseling or paying fines. If you meet these conditions successfully, your charges will be dismissed at the end of your probation.

Violating the Terms of a CWOF

While a CWOF offers a way to avoid a conviction, it’s not without risks. Violating the terms of your probation can lead to serious consequences:

1. Types of Violations : Common violations include failing drug tests, not attending mandatory programs, or being arrested for a new offense.
2. Consequences: If you violate your probation, the court may revoke your CWOF, impose a guilty finding, and potentially sentence you to jail or extend your probation period.

CWOF in the Context of OUI/DUI Charges

If you’re charged with a first offense OUI (Operating Under the Influence) in Massachusetts, a CWOF might be an option. Here’s what you need to know:

1. Eligibility: First-time OUI offenders can often receive a CWOF. This allows them to avoid a criminal conviction if they successfully complete their probation.
2. Terms: For a first offense OUI, you’ll typically face a one-year probation period, complete alcohol education classes (24D Program), and pay various fines and fees. Your driver’s license will also be suspended for 45-90 days.

Impact of a CWOF on Your Driver’s License

A CWOF has specific implications for your driving privileges:

1. License Suspension : You will face a suspension of 45-90 days after receiving a CWOF for a first offense OUI. However, you may be eligible for a hardship license during this period if you enroll in the 24D Program.
2. Reinstatement: After the suspension period ends, you need to visit the Massachusetts Registry of Motor Vehicles (RMV) to reinstate your license. This involves paying a reinstatement fee and providing proof of eligibility.

How a CWOF Affects Your Criminal Record?

Understanding how a CWOF impacts your criminal record is crucial:

1. CORI Report: In Massachusetts, a CWOF does not appear on the standard Criminal Offender Record Information (CORI) check available to the general public. However, it may show up on more detailed checks, such as those used for military or educational purposes.
2. Long-Term Implications: While a CWOF helps avoid a conviction, it remains on your Court Activity Record Information (CARI). This could have implications for gun licenses, immigration status, insurance rates, and travel.

Post-CWOF Considerations

After successfully completing your CWOF probation, your charges are dismissed. However, there are still some considerations:

1. Future Legal Matters: Even though your charges are dismissed, they remain on your CARI record. This can impact various aspects of your life, including legal and professional situations.
2. Other Consequences: You may face additional issues, such as difficulties with obtaining a gun license, potential immigration concerns, and increased auto insurance rates.

Should You Accept a CWOF or Fight the Charges?

Deciding whether to accept a CWOF or go to trial depends on several factors:

1. Benefits of a CWOF: Accepting a CWOF can be a practical solution, especially if you want to avoid the stress and uncertainty of a trial. It allows you to address your legal issues without a formal conviction.
2. When to Go to Trial: If the evidence against you is weak, particularly in cases like OUI where there’s no breath test evidence, going to trial might be a better option. In some cases, the penalties for a trial outcome might be similar to a CWOF.

Seeking Legal Advice

Navigating a CWOF and related legal matters can be complex. It’s essential to seek professional legal advice to ensure you make the best decisions for your situation.

At Riccio Law, our experienced criminal defense team is dedicated to helping you understand your options and achieve the best possible outcome. With a nearly 85% success rate in trial cases, including OUI/DUI charges, we offer expert guidance and representation tailored to your needs.

Contact Riccio Law today to schedule a free consultation and get the support you need to navigate your legal challenges effectively.

By understanding your options and the implications of a CWOF, you can make informed decisions that help protect your future.