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What Kind of CWOF Procedure Do You Need to Know About?

You may have asked what a CWOF is, but now is your chance to find out. As the name suggests, it stands for “Continuance without a Finding,” which refers to a criminal case’s non-conviction resolution. If you get a CWOF in Massachusetts, one of these things is very certainly true about you:

  • An infraction for the first time
  • Someone whose criminal record is spotless; or
  • A person in a criminal case who has not been charged in a long period

A CWOF is a second chance to avoid going on the record as a felon in the real world. The court may issue a CWOF at any time before or during the course of the trial. You give up your right to a trial by accepting a CWOF, which means you’ve admitted enough information to justify a conviction.

However, instead of being found guilty, you’re requesting that the court put you on probation for a certain amount of time. To put it another way, the expectation is that if you comply with the terms of your probation, the charges against you will be dropped.

CWOF, on the other hand, is not the same as a dismissal of your case or a Not Guilty finding. This different mindset has its own set of repercussions as a result. To continue without a findingyou need to know the ideas of law.

A CWOF in my OUI Case What Happens?

You’ll be on probation for up to two years, either monitored or unsupervised. If you’ve been convicted of a crime, the length of your probation will depend on the specifics of your case. As long as you’ve abided by the rules of your probation, your lawsuit will be dismissed when it expires. Having no conviction on your criminal record is a fantastic result. CWOFs may nevertheless have an impact on your life in other ways.

What Are the Long-Term Consequences of a CWOF?

The penalty for OUI convictions in Massachusetts is severe. A continuance without a Finding may be revoked, and an entry of Guilty can be entered if you breach the conditions of your probation. At this time, you will be unable to seek a trial.

If your case is dropped, you will avoid a criminal record. In other words, if you’re questioned about your criminal record on a job application, you may tell the truth and say “No.” For the most part, CORI checks won’t reveal your CWOF unless the employer has access to advanced searches, as in applications for work in healthcare, education, or law enforcement.

Conclusion: To accept a CWOF or not to accept a CWOF is the question.

A continuance without a finding may result in punishments identical to those for first-time offenders, even if they are found guilty at trial. As long as a CWOF still appears on your driving record, it may be worthwhile to contest the accusations. Even if you fail a breathalyzer test, you may still win an OUI case in court. The Commonwealth may offer you a CWOF to avoid a Not Guilty result at your trial. So, before accepting a CWOF, you should contact a Massachusetts OUI attorney and have them analyze the facts of your case and provide you with an assessment of your legal options.

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