Legal Question in Criminal Law in Massachusetts
Legal disposition
What does continued without a finding for one year then dismissed mean. Is this something one has to report if asked legally.
1 Answer from Attorneys
Re: Legal disposition
When the Court issues this disposition, sometimes written as "CWOF" (for Continued WithOut a Finding), the record will indicate that the defendant admitted to facts which would allow the Court to find him or her guilty. BUT that the Court agrees NOT to enter a guilty finding at this time. A Guilty finding is NOT entered, and the court makes no findings in the record (thus the term "without a finding"). If, during the term of the ocntinuation, the defendant is arrested for a new crime, the Court may bring the matter resolved with a CWOF back onto the docket, and can enter a guilty finding, and thereafter impose any legal sentence (usually probation). The Defendant must "admit" to facts that will allow the Court to make this finding at a later time, in the event the defendant is charged with a new crime.
If you are asked if you have been comvicted of a crime, the answer is "No" (there was no guilty finding entered by the court, unless the matter was reactivated following a new charge, and a guilty finding entered). If you are asked if you have ever been charged with a crime (this is rare, and not legal in many situations), then the answer is "Yes".
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