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Trial Continuance Without A Finding In Massachusetts
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Multi-State
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US-0004LTR
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FAQ
A common claim for a continuance is the need of time to get a lawyer. If the case has been in litigation for some time or if a continuance has been granted before, the court may deny the request. When requesting a continuance to get a lawyer, it is important to show to the court the efforts made to get a lawyer.
Felony convictions are included in CORI reports only for ten years after final disposition (including termination of any period of incarceration). Misdemeanor convictions will be reported only for five years after final disposition (again, including termination of any period of incarceration).
Some of the reasons that might necessitate a continuance include: You need additional time to secure an attorney to represent you in court. You need more time to gather evidence because the other side has been stalling on discovery requests. You need more time to locate witnesses who are critical to your case.
A felony or charges related to domestic violence, drug crimes, or firearms offenses may disqualify you from a License to Carry (LTC), but a CWOF (continuance without a finding) isn't considered a conviction. Past involuntary commitments can also be a barrier.
1. Medical condition; 2. Significant changes in the circumstances; 3. Scheduling conflict. 4. Lack of preparation. You must request a continuance at least 5 business days prior to the hearing (if you are doing this in writing); if you are planning to just call, you can do so no later than 2 days prior to the hearing.
Common grounds asserted by counsel as a basis for a requested continuance are: Illness of the defendant or important witnesses or defense counsel, conflicting engagements of counsel, lack of time for preparation by counsel or prejudicial publicity or a combination of several of the factors.... 30 Mass.
CWOF (Continued Without a Finding) in Massachusetts In a CWOF, the defendant has a plea hearing and acknowledges to the judge that she committed the charged offense. However, the judge does not find the defendant guilty.
A felony or charges related to domestic violence, drug crimes, or firearms offenses may disqualify you from a License to Carry (LTC), but a CWOF (continuance without a finding) isn't considered a conviction. Past involuntary commitments can also be a barrier.
Both misdemeanor and felony convictions remain on your record indefinitely. A no-contest plea will result in a permanent criminal record for both types of offenses unless you successfully petition for expungement or an order of nondisclosure (sealing).
I would like this Court to continue the hearing because: EXPLAIN REASON. PETITIONER/PLAINTIFF, v. RESPONDENT/DEFENDANT. I RESPECTFULLY REQUEST that the Court grant my Request for Continuance.
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A judge can continue a case without a finding without the agreement of the prosecutor. In a CWOF, the defendant has a plea hearing and acknowledges to the judge that she committed the charged offense.A continuance without a finding (CWOF) means that you agree that the prosecution has evidence against you without fighting the case. Pleading to a CWOF will happen at a pre-trial conference as part of a plea agreement, if your attorney can get the prosecutor to agree. Instead of the court imposing a guilty finding, however, the court agrees to continue (i.e. "Continuance without a finding:" the order of a court, following a formal submission and acceptance of a plea of guilty or an admission to sufficient facts. A Continuance Without a Finding (CWOF) is a legal outcome available in Massachusetts for first-time offenders or those with minimal criminal records. A continuance without a finding, also known as a CWOF, is neither a finding of guilt or of innocence. A CWOF is exactly what it sounds like—the case is continued without any finding of guilt. It is not technically considered a conviction.
