Trial Continuance Without A Finding In Suffolk
Description
Form popularity
FAQ
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.
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.
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.
There are many reasons cases are continued. Mostly it is because one side or the other needs more time to prepare for trial. Additional time allows for negotiations, finding witnesses, and preparing exhibits.
A continuance for dismissal (sometimes known as a “continuance without a plea” or an “agreement to suspend prosecution”) is perhaps the best resolution to a criminal case besides outright dismissal or an acquittal. A continuance for dismissal is an agreement between the defendant and the prosecutor.
A “motion for a continuance” is a request asking the judge to make an order changing your hearing date. If the judge grants your motion, your court date will be postponed to a later time. For most requests for continuances, you must provide the judge with a suitable reason (“good cause”) for postponing your court date.
To request a continuance regarding your DALA case, you (the party seeking the continuance or "the moving party") should submit a written request (a "motion") at least seven (7) days before the event. You can send your request by mail, fax, or e-mail.
"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, whereby a criminal case is continued to a date certain without the formal entry of a guilty finding.
(1) he abandons his spouse or minor child without making reasonable provisions for the support of his spouse or minor child or both of them; or (2) he leaves the commonwealth and goes into another state without making reasonable provisions for the support of his spouse or minor child or both of them; or (3) he enters ...
"Pretrial probation:" the probationary status of a defendant pursuant to a probation order issued prior to a trial or the formal submission and acceptance of a plea of guilty or an admission to sufficient facts, as provided in G.L. c. 276, § 87.
