In Massachusetts, a continuance without a finding — or CWOF — is equivalent to a “no-contest” plea in other states. It’s an admission that the Commonwealth would be able to prove the charges in court, but it’s in the defendant’s best interests to simply end the case. After entering this plea to the court, however, the defendant must prove through conditions of probation in the court where the case was resolved that they haven’t slipped up.

If they have a probation violation, they can be sentenced to the maximum sentence allowable for the charge, which is a big reason to complete the conditions of probation without any problems. An experienced criminal defense lawyer can properly advise you on what may be the best path to take in your criminal case. The prospect of future violations and the conditions of probation are two excellent reasons why consulting an experienced attorney is best done before accepting a plea offer.

With probation or other non-incarceration conditions, a defendant can slip up and miss reporting to their probation officer, skip an alcohol-based program if the charge is OUI or another misstep that can result in being back in front of the judge who just sentenced you.

If this happens, a hearing will be conducted in which the judge will have to determine whether the defendant indeed violated their probation. If the judge finds the defendant did violate, the court can send the defendant for prison for the maximum possible sentence for that charge, even if a term of probation has already been agreed to by both parties.

Your Massachusetts criminal attorney will explain this situation to you and help you understand the responsibilities you have after a continuance without finding in your criminal case to help ensure you have the best possible outcome.