What is a Continuance Without a Finding (CWOF) in Massachusetts?

Written By: Matthew W. Peterson

Published: 06/10/2019

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Understanding Continuance Without a Finding (CWOF)

A continuance without a finding (CWOF) can be a great alternative to a guilty finding, provided you can complete probation. However, there are risks involved. The Law Office of Matthew Peterson is always here to help you when it comes to legal matters!

What is a CWOF?

In a CWOF, you admit that the Commonwealth could prove sufficient facts against you, but the court does not find you guilty. Instead, you are placed on probation for a specified period, during which the judge may impose additional conditions. If you successfully complete these conditions, the case is dismissed.

Risks Associated with CWOF

Despite its advantages, a CWOF carries certain risks:

Violation of Conditions: If you violate the terms of your probation, you are not entitled to a trial because you have already admitted that the Commonwealth could win the case. This means you will be sentenced immediately and could face jail time.
Immigration Consequences: A CWOF counts as a conviction for immigration purposes. If you are not a U.S. citizen, obtaining a CWOF can lead to removal proceedings or prevent your re-entry into the country. It is treated similarly to pleading guilty and receiving a sentence.

Seeking Legal Assistance

A Criminal Defense Attorney in Boston MA can help you secure a CWOF for your case. Generally, the case must be relatively minor for the court to impose a CWOF. Contact us today so we can evaluate your case. Call the Law Office of Matthew Peterson at (617) 295-7500, and let’s get started on your defense!

Frequently Asked Questions (FAQs) about Continuance Without a Finding (CWOF)

1. How long does a CWOF last?

The duration of a CWOF typically depends on the specific conditions set by the judge and the nature of the offense. Generally, probation periods can range from six months to several years, depending on the case.

2. Can I appeal a CWOF?

No, you cannot appeal a CWOF since it is not a guilty verdict. However, if you believe there was an error in the process or if your rights were violated, you may have other legal options to explore.

3. What happens after I complete my CWOF probation?

Once you successfully complete your probation and any imposed conditions, the case is dismissed. This means that you will not have a criminal conviction on your record for that offense.

4. Are there any alternatives to a CWOF?

Yes, there are alternatives to a CWOF, including pleading not guilty and going to trial, entering into a plea bargain, or seeking other diversion programs depending on the nature of the charges and your criminal history.

5. Will a CWOF affect my employment opportunities?

While a CWOF is not considered a formal conviction, it may still be visible on background checks depending on how they are conducted. Employers may view it differently than a guilty conviction, but it can still impact your job prospects in certain fields, particularly those requiring security clearances or licenses.