Legal Question in Criminal Law in Massachusetts

Re: police record

It'll always stay there. It will be used against you should you be brought into court on another charge.

A judge is more likely to thnk you were lucky to "get away with a CWOF" or that you got off on a "technicality." You can expect that any judge will presume you were guilty. Most of the defendants are, indeed, guilty of a crime . . . perhaps not the crime with which the defendant was charged, but with a crime. Hence the judges' cynicism and presumptions.

Barbara C. Johnson

Law Office of Barbara C. Johnson

6 Appletree Lane

Re: police record

Your CORI record, which is the official criminal record, will indicate a CWOF (continuation without a finding) followed by a date (six months hence in your example), and when that date arrives, assuming you have not had to go to court on any other matters, the disposition "DISM" for dismissed will appear. If you are back in court on new charges, the Court may reconsider the matter that was continued, change the disposition form a continuation to a "Guilty" (after all, you admitted sufficient facts to allow the court to find you guilty, that was a prerequisite to getting the CWOF in the first place), and sentence you on the matter.

In order to be eligible for a continuation without a finding, you must admit to sufficient facts which would allow a court to find you guilty, if the matter was tried. This disposition is available to individuals with no record, or a minimal record... but it is not available for all offenses (some offenses are governed by statutes which prohibit a CWOF).

The benefit of a CWOF is that the matter is subsequently dismissed. If you are asked on a job application if you have been convicted of a crime, you can truthfully answer "NO", at least if the only thing on your record is the CWOF. If you are not a US citizen, a CWOF can have immigration consequences -- you could be deported or denied entry, or the right to remain in the country. Any non-citizen needs to discuss the ramifications of any plea with an attorney, before the plea is tendered, and especially before it is accepted by the Court. Once the plea is on the books, the INS can deport a non-citizen; you cannot take back a plea once it has been accepted and entered.

Thomas Workman

Law Offices of Thomas Workman

41 Harrison Street, Taunton, MA

Re: police record

Massachusetts treats a continuance without a finding in two different ways. Outside the criminal justice

system, such as with employers, you do not have a criminal record. Inside the court system, you will

be treated as a conviction.

Alan Pransky

Law Office of Alan J. Pransky

20 Eastbrook Road