This form is a sample letter in Word format covering the subject matter of the title of the form.
Trial Continuance Without A Finding In Cook
Category:
State:
Multi-State
County:
Cook
Control #:
US-0004LTR
Format:
Word;
Rich Text
Instant download
Description
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FAQ
Placed on file without a finding: A legal term used to describe the disposition or outcome of a case. It means you maintain your innocence or continue your not-guilty status for a period of time conditioned upon good behavior and possibly some other conditions.
If the prosecution makes meaningful changes to the facts contained in the indictment, the defense may be justified in seeking a continuance so that they can prepare for the changed facts. If the change is relatively minor and not relevant to the merits of the case, however, a continuance probably is not warranted.
Continuance Without a Finding (CWOF) is common in cases where the evidence supports a guilty finding. This is when the defendant acknowledges guilt for pleading purposes, but the court does not enter a guilty finding. Instead, it continues the case which will be dismissed upon completion of certain conditions.
Circumstances that may indicate good cause for a continuance include the unavailability of an essential witness (CRC 3.1332 (c)(1)); the unavailability of a party because of death, illness, or other excusable circumstances (CRC 3.1332 (c)(2)); or a significant, unanticipated change in the status of the case as a result ...
Continuance Without a Finding (CWOF) is common in cases where the evidence supports a guilty finding. This is when the defendant acknowledges guilt for pleading purposes, but the court does not enter a guilty finding. Instead, it continues the case which will be dismissed upon completion of certain conditions.
You will give the court the reason why you are asking for the change. Sign and date the form. Enter your printed name, your address, telephone number, and your email address. Enter the date the matter is currently scheduled for.
You'll need to file a request with the court. This is usually done in the form of a written motion, which is a formal request to the court to make a particular decision. Your motion should explain why you need more time and how long of a delay you are requesting.
Valid reasons include personal emergencies, unavailability of essential evidence, and lack of legal representation. How do I notify the court? You can notify the court by directly speaking to the court clerk or filing a motion for continuance before the hearing begins.
The length of the continuance depends on the situation and generally can be no longer than is “necessary.” A defendant might ask for several months to prepare for trial. But if a witness gets sick, a continuance of a few days might suffice.
You'll need to file a request with the court. This is usually done in the form of a written motion, which is a formal request to the court to make a particular decision. Your motion should explain why you need more time and how long of a delay you are requesting.
More info
How to file a Motion to Continue that asks a judge to change a court date including a link to the forms you need. COURT RULE AND DOMESTIC RELATIONS GENERAL ORDER 86-D-1.Complete the subpoena form, have the subpoena served and file the subpoena along with proof of service with the court on your trial date. This Easy Form helps you ask a judge to reschedule your hearing date or give you more time to do something. A continuance without a finding is a bit of a misnomer. Continuance of Trial -- Before Case Has Been Reached For Trial. Separately, Cook contends that the trial court erred in denying his motion for a continuance after he did not show up to his trial. Termination of probation: the court may terminate the probation requirements associated with the CWOF and dismiss the underlying criminal case. The defendant shall file a copy of the notice with the clerk. A judge can continue a case without a finding without the agreement of the prosecutor.
