If you have been charged with a crime in a Massachusetts District Court, you may hear the term "CWOF" from your lawyer, the prosecutor or the judge. A continuance without a finding is one of the most common ways criminal cases are resolved in Massachusetts, and it can be a very good outcome. But it is not the same as a dismissal, and it carries consequences people do not always expect. Here is what it is and what to think about before agreeing to one.
What a CWOF is
A continuance without a finding is a disposition authorized by Massachusetts General Laws chapter 278, section 18. It is available in the District Court, the Boston Municipal Court and the Juvenile Court. In a CWOF:
- You admit to sufficient facts, meaning you acknowledge that the Commonwealth has enough evidence that a judge could find you guilty.
- The judge does not enter a guilty finding. Instead, the case is continued for a set period, often six months to a year or more.
- During that period you must follow terms and conditions, which may include probation, fees, counseling, community service, restitution or staying away from someone.
- If you comply, the case is dismissed at the end of the period.
Massachusetts courts have held that a judge may grant a CWOF even over the prosecutor's objection. The Supreme Judicial Court has also held that a CWOF must come with some terms, conditions or probation; it cannot be an immediate dismissal in disguise.
Is a CWOF a conviction?
Under Massachusetts law, an admission to sufficient facts followed by a CWOF is not a conviction. That is the main reason it is so valuable: if you complete the terms, you avoid a criminal conviction on your record.
That said, "not a conviction in Massachusetts" does not mean "no consequences anywhere." The admission and the CWOF can matter in other settings, which is why you should understand the full picture before you agree.
Consequences to think about
If you violate the terms
Because you already admitted to sufficient facts, a violation can be handled quickly. After a probation violation hearing, a judge can enter a guilty finding and impose a sentence without a trial. Read more about District Court probation violation hearings.
Your CORI record
A CWOF appears on your Massachusetts criminal record (CORI) while the case is open, and the dismissed case remains visible to some employers and agencies until it is sealed. After dismissal, you may be able to seal the record. See our post on sealing a CORI record.
OUI cases
A CWOF on an OUI charge, often paired with the 24D alcohol education program, can still count as a prior offense if you are charged with OUI again in the future, and it can affect your license. Learn more about the 24D program.
Immigration
Federal immigration law can treat an admission to sufficient facts as a conviction even though Massachusetts does not. If you are not a U.S. citizen, talk to your lawyer and an immigration attorney before admitting to anything.
Firearms licensing and professional licenses
A pending CWOF, and sometimes the underlying charge, can affect a license to carry or a professional license. Ask about these effects before you resolve the case.
CWOF or trial?
A CWOF means giving up your right to a trial, the right to make the Commonwealth prove its case, and the chance of a not guilty verdict. Whether that trade makes sense depends on the strength of the evidence, possible defenses and motions, your record, and how the outcome affects your job, license or immigration status. Sometimes the best result is a dismissal or a win at trial, and a CWOF should not be the automatic choice.
Talk to a defense lawyer first
A CWOF can protect your record, but only if it is the right fit for your case and you understand the strings attached. If you are facing a charge in Dudley, East Brookfield, Worcester or elsewhere in Massachusetts, contact Lake Shore Legal to talk through your options. Learn more about our criminal defense practice.
This article is general information, not legal advice for your situation. Prior results do not guarantee a similar outcome.