A Continuance Without a Finding (CWOF) is a legal disposition in Massachusetts criminal cases that allows defendants to avoid a guilty finding while acknowledging the facts of their case. Under a CWOF, the defendant admits that the facts in the police report are sufficient for a guilty verdict, but instead of entering a conviction, the court postpones its final decision for a specified period.
During this continuance period, the defendant must comply with certain conditions, typically including probation requirements. An experienced Massachusetts criminal defense lawyer can help evaluate whether pursuing a CWOF is the best strategy for your specific case and circumstances. If all conditions are successfully met by the end date, the case is dismissed without any guilty finding or conviction on the defendant’s record.
How Does the CWOF Process Work?
When a defendant agrees to a CWOF, several important legal steps must be completed, usually during a court hearing:
- Green Sheet Review and Execution: You and your attorney will review and execute a “green sheet,” which outlines the CWOF recommendation, its terms, and confirms your understanding of the charges and rights you’re waiving. The prosecutor will also submit their recommendation on this document.
- Jury Trial Waiver and Rights Advisement: The defendant must waive their constitutional right to a jury trial in writing. The judge will explain this right and ensure the waiver is made voluntarily and with full understanding. Additional rights being waived include:
- Right to cross-examine witnesses
- Right to present evidence
- Right against self-incrimination
- Right to be presumed innocent until proven guilty beyond a reasonable doubt
- Factual Basis Review: The prosecutor presents the factual basis of the charges, and the judge must confirm there is sufficient evidence to support a guilty finding.
- Final Agreement: Once the defendant confirms they understand and agree to waive these rights, and the judge is satisfied with the factual basis, the admission to sufficient facts is entered on the record and the case is continued with agreed-upon conditions.
Important Note: In District Court, defendants retain the right to withdraw their admission to sufficient facts if the judge imposes conditions that exceed what was recommended.
For a free legal consultation, call (781) 740-0800
Who is Eligible for a CWOF?
CWOF eligibility depends on several factors that judges consider when determining whether this disposition is appropriate:
- Nature and Seriousness of the Charges: Less serious offenses are more likely to qualify for CWOF consideration
- Defendant’s Criminal History: First-time offenders or those with minimal criminal backgrounds have better chances
- Age of the Defendant: Younger defendants may receive more favorable consideration
- Impact on Victims: Cases with minimal victim impact are more suitable for CWOF
- Strength of the Commonwealth’s Evidence: The prosecution must have sufficient evidence to support a conviction
- Prosecutor’s Recommendation: While judges can impose a CWOF without prosecutorial agreement, cooperation helps
Importantly, a judge can continue a case without a finding even without the prosecutor’s agreement, giving defendants the opportunity to argue for this disposition through their attorney.
Massachusetts CWOF and OUI/DUI Cases
CWOFs are particularly relevant in Operating Under the Influence (OUI/DUI) cases, but they carry specific implications for driving privileges:
Driver’s License Consequences: Even with a CWOF in an OUI case, the Registry of Motor Vehicles (RMV) may still impose license suspensions or require ignition interlock devices. A CWOF does not automatically protect driving privileges, as the RMV operates under separate administrative authority from the criminal courts.
Alcohol Education Programs: CWOF conditions in OUI cases typically include completion of alcohol education programs, such as the 24D program, which may be required to restore full driving privileges.
Future OUI Charges: While a CWOF avoids a criminal conviction, it may still be considered for sentencing enhancement purposes in subsequent OUI cases, potentially affecting penalties and license suspension periods.
Click to contact our criminal defense lawyers today
CWOF in Juvenile Court
The Continuance Without a Finding process operates differently in Massachusetts juvenile court, with special considerations for defendants under 18 years of age. At Nate Amendola Defense, we’ve handled numerous juvenile defense cases with compassionate, empathetic legal representation.
Given the unique complexities of juvenile proceedings and the significant advantages a CWOF can provide for youthful offenders, it’s essential to consult a lawyer for juvenile court who can effectively advocate for this favorable disposition as part of a comprehensive defense strategy.
Juvenile Court Procedures: While the basic CWOF concept remains similar, juvenile courts emphasize rehabilitation over punishment. Juvenile CWOFs often include educational components, counseling requirements, and community service tailored to the young person’s developmental needs.
Enhanced Privacy Protections: Juvenile CWOFs receive additional privacy protections beyond adult cases. Juvenile records are generally sealed from public access, providing greater protection for young defendants as they transition to adulthood.
Educational Impact Considerations: Juvenile court judges pay particular attention to how criminal proceedings might affect a young person’s educational opportunities, school attendance, and future academic prospects when structuring CWOF conditions.
Parental Involvement: Parents or guardians typically play a more active role in juvenile CWOF cases, often being required to participate in the probationary process and ensure compliance with court-ordered conditions.
Transition to Adult Court: For juveniles charged with serious offenses, the availability of CWOF may influence decisions about whether cases remain in juvenile court or are transferred to adult court, where consequences are typically more severe.
Long-term Benefits: Successfully completing a juvenile CWOF can be particularly beneficial, as it allows young people to avoid the lasting consequences of a criminal conviction during their formative years, preserving opportunities for education, employment, and military service.
Complete a Free Case Evaluation form now
How Long Does a CWOF Last?
CWOF periods are most commonly set for one year, though they can be continued for any time period deemed appropriate by the court. Factors influencing the length include:
- Seriousness of the crime
- Impact on victims
- Defendant’s age and criminal history
- Complexity of required probation conditions
What Happens If CWOF Conditions Are Violated?
If a defendant violates the conditions of their CWOF or gets arrested during the probationary term, they face a probation violation hearing. The judge has discretionary authority to choose from five possible outcomes:
- Complete Dismissal: Terminate probation and dismiss the underlying criminal case entirely
- Continue with Same Conditions: Extend the CWOF period while maintaining the original probation requirements
- Continue with Modified Conditions: Extend the CWOF period but alter the probation conditions
- Guilty Finding Without Additional Penalties: End the CWOF and enter a guilty verdict
- Guilty Finding with Full Sentencing: End the CWOF, enter a guilty verdict, and impose a sentence up to the statutory maximum
CWOF Appearance on Background Checks and Records
While a successfully completed CWOF allows individuals to honestly answer “no” when asked about criminal convictions on job applications, the matter is not completely invisible:
Standard CORI Checks: A successfully completed CWOF typically will not appear on standard Criminal Offender Record Information (CORI) checks available to most employers and the general public, since no conviction was entered.
Extensive Background Checks: More comprehensive background investigations may still reveal the CWOF. Law enforcement agencies, certain government positions, and specialized security clearance processes may access records showing the CWOF disposition.
Court Activity Record Information (CARI): The CWOF will appear on an individual’s Court Activity Record Information (CARI), which shows all court appearances and dispositions, regardless of outcome. CARI records are typically accessible to law enforcement and may be reviewed in certain professional licensing applications.
Record Sealing Considerations: Even with a CWOF dismissal, individuals may benefit from pursuing record sealing to further limit access to information about the case. This process can help ensure greater privacy protection for employment, housing, and other opportunities.
The Benefits of Successful CWOF Completion
When a defendant successfully fulfills all CWOF conditions within the specified timeframe, the case is completely dismissed. This means:
- No guilty finding appears on standard background checks
- No criminal conviction is entered
- Ability to truthfully deny having a criminal conviction in most contexts
- Preservation of certain rights that could be affected by criminal convictions
Potential Consequences and Considerations
Despite avoiding a conviction, CWOFs may still carry consequences in certain areas:
- Immigration: CWOFs can have immigration consequences and should be carefully evaluated with an attorney familiar with immigration law
- Firearms Licensing: Gun licensing authorities may consider CWOF dispositions in their determinations
- Professional Licensing: Some professional boards may inquire about CWOFs regardless of the lack of conviction
Why Choose Professional Legal Counsel?
Navigating the Massachusetts CWOF process requires understanding complex legal procedures, potential consequences, and strategic considerations. The decision to pursue a CWOF involves weighing factors such as the strength of evidence, potential penalties, and long-term implications across multiple areas of life.
Contact us today for a free consultation to discuss your case and explore whether a CWOF or other defense strategies might be appropriate for your situation. We proudly serve clients throughout Norwell, Plymouth, Barnstable, Nantucket, and surrounding Massachusetts communities, providing experienced guidance through every aspect of the criminal defense process.
Call or text (781) 740-0800 or complete a Free Case Evaluation form
