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 Wake
Category:
State:
Multi-State
County:
Wake
Control #:
US-0004LTR
Format:
Word;
Rich Text
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Description
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FAQ
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 continuance can provide many advantages if used appropriately: Time to Build a Strong Defense: More time can allow your lawyer to gather additional evidence, secure vital witnesses, or consult with experts that will strengthen your defense.
Lawyers and clients frequently want continuances to prepare their cases, but they don't always get them. If the prosecution or defense needs extra time to prepare for a hearing or trial in a criminal case, they can ask the judge for a continuance.
A continuance is granted for good cause. More time to prepare could be good cause depending upon the circumstances. You (or your attorney) must argue how desperate you are for court orders, and/or that more preparation is not necessary based upon the circumstances.
Postponements are requested for any number of reasons: vacation, scheduling conflict, specialist appointments, not ready, missing documents, payment, non-payment, etc., etc., etc., What is important is that the judge did not accept the reason for the continuance and denied the request.
Lawyers and clients frequently want continuances to prepare their cases, but they don't always get them. If the prosecution or defense needs extra time to prepare for a hearing or trial in a criminal case, they can ask the judge for a continuance.
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.
Example: In a custody hearing, the plaintiff has had no visitation with his son. The defendant wants to request a continuance of 4 weeks. A continuance of 4 weeks means that the plaintiff may not see his son for four more weeks.
How many times can a court case be continued in NC. North Carolina the process of continuing a courtMoreHow many times can a court case be continued in NC. North Carolina the process of continuing a court case is governed by specific rules and guidelines to ensure fairness and efficiency in the judicial
When you make a plea of “admission to sufficient facts” in Massachusetts, you are essentially telling the court and the prosecution that were the prosecution to proceed with the case, it would be able to present sufficient evidence to secure a conviction of guilt against you.
More info
A continuance without a finding is a bit of a misnomer. Continuance Without a Finding (CWOF) is common in cases where the evidence supports a guilty finding.Your lawyer being sick or unavailable for a hearing. Here's a step-by-step guide to help you navigate this situation. A continuance without a finding (CWOF) means that you agree that the prosecution has evidence against you without fighting the case. In your case, you can file a motion for continuance with the Henry County Family Court. The court may terminate the order of probation and the continuance without a finding and enter a dismissal on the underlying criminal case. A defendant admits that the facts contained in the police report are true and that they could be found guilty. A continuance without a finding, also known as a CWOF, is neither a finding of guilt or of innocence. Termination of probation: the court may terminate the probation requirements associated with the CWOF and dismiss the underlying criminal case.
