Continued Without a Finding (CWOF)

WHAT IS A CWOF?

A Continuation Without a Finding (CWOF) is a type of deal where a person admits that there is enough evidence for a reasonable jury to find them guilty. In exchange, the person is placed on probation, which will lead to the case being dismissed. Under M.G.L. c. 94C, §32H certain offenses cannot be CWOF’d.

A continued without a finding “CWOF” is term used to describe an agreement between a defendant charged with a crime and the court. Often people within the court system will sound out the abbreviated term when discussing this agreement or disposition. (sounds like “quaff”).

A CWOF disposition mean that a Defendant entered into a formal submission and acceptance of a plea of an “admission to sufficient facts”, whereby a criminal case is continued to a date certain without the formal entry of a guilty finding. If the person complies with the terms of probation a dismissal of the criminal case will enter. However, if a person does not complete the requirement of the probation period the judge can sentence that person, up to the maximum sentence allowed by law. Lastly, even though full compliance of a CWOF will result in a dismissal of the charge(s) the admission to sufficient facts will be considered by some (such as Immigration officials or Department of Defense and the like) to equate to a GUILTY verdict.

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