Have you been arrested in Boston or another area of Massachusetts? If so, you need the help of a skilled criminal defense lawyer right away. Paul Toland is a skilled attorney who will stop at nothing to find areas of opportunity for your case, such as a CWOF.
Under Massachusetts state law, a continuance without a finding (CWOF) is exactly what it sounds like it is. It is not technically considered a conviction. Instead, it is an alternative to charging you as guilty, where you continue with the case without a guilty charge. When you get a continuance without a finding, you get probation instead of jail time or another penalty.
When you agree to a continuance without a finding, you technically admit that the state might be able to consider you guilty, but that they aren’t, and instead, you are penalized with probation. In some cases, a judge will place other penalties on you, as they do still hold that right.
What Are The Benefits Of A Continuance Without A Finding?
In a continuance without a finding, you are subject to probation but are not declared guilty of the crime. Instead of being found guilty, you complete the probation and then the case is dismissed once you’re done. In order to truly know if or how a continuance without a finding is the right option for you is to contact a Boston criminal defense attorney who has extensive experience defending clients just like you in this unique, often scary situation.
What Happens After You Complete Probation From A Continuance Without A Finding?
The main benefit of going forward with a continuance without a finding is that you will not have any criminal conviction on your personal criminal record. This is massively beneficial for many reasons, as you can imagine. If you are applying for a job, it is much better to have no criminal charges that you are required to share, than to apply with a track record of misdemeanors or felonies under your belt. If you pursue a continuance without a finding, you can truthfully answer ‘no’ if you are ever asked if you have any charges–but if a thorough background check is conducted, such as one by law enforcement, a licenser, or a government agency, these parties may be able to see this continuance without a finding on your record.
It’s important to note that while a continuance without a finding does not lead to a guilty conviction or a criminal background, it does remain on your Massachusetts board of probation record. This record is readily accessible to police and other law enforcement officials, so they will be able to see this information.
What Happens If I Take A Continuance Without A Finding For An OUI Charge?
Also, if you took a CWOF for a moving violation such as operating under the influence or while intoxicated, your car insurance rates could likely increase due to you being considered high risk. A CWOF does count as a first offense operating under the influence charge. The implication of this is that if you are charged with operating under the influence once again in the future, this will be considered a second offense and not a first. Second offenses bring much more harsh penalties and consequences.
As always, consult with a criminal defense lawyer in Boston before taking on any deals or offers regarding your case. Not all deals work out in the favor of the defendant, and you aren’t expected to have a full understanding of Massachusetts law as it applies to your case. This is where a criminal defense attorney becomes invaluable to your case. If you have been charged with any criminal charge in Massachusetts, you need the help of an attorney to help you fight back.
Schedule A Free Consultation With A Boston Criminal Defense Attorney To Learn More About The Pros And Cons Of A CWOF
Paul Toland, a skilled, trusted Boston criminal defense lawyer, may be able to help you secure a continuance without a finding for your case, if applicable. Not all criminal charges in Massachusetts are eligible for a CWOF, so be sure to contact our law firm right away after getting arrested to start building a strong case for your defense, and to learn the full scope of options that exist for you in this case.
Our legal professionals at Toland Law in Boston will analyze the facts of your case to see if the CWOF option applies to your case and would be beneficial to you. We offer a free, no-obligation criminal case evaluation for any Boston resident facing criminal charges.