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Return to “"Continuation without a finding" = Texas conviction?”
- Fri Apr 22, 2011 7:49 am
- Forum: General Texas CHL Discussion
- Topic: "Continuation without a finding" = Texas conviction?
- Replies: 12
- Views: 4319
Re: "Continuation without a finding" = Texas conviction?
Since you say you've already applied, I would call DPS and ask them for an opinion. The worst thing that could happen is that they tell you that you have to wait for another year and you're out the application fee.
- Thu Apr 21, 2011 11:39 pm
- Forum: General Texas CHL Discussion
- Topic: "Continuation without a finding" = Texas conviction?
- Replies: 12
- Views: 4319
Re: "Continuation without a finding" = Texas conviction?
The reason I didn't express an opinion about it is because I'm not certain. If you plead nolo contendere, isn't that a conviction in Texas? I'm confused.WildBill wrote:Reading Baldeagle's post it sounds like the Massachusetts equivalent of deferred adjudication.
- Thu Apr 21, 2011 10:52 pm
- Forum: General Texas CHL Discussion
- Topic: "Continuation without a finding" = Texas conviction?
- Replies: 12
- Views: 4319
Re: "Continuation without a finding" = Texas conviction?
Rather than speculate, why not look it up.
What is a CWOF in a Criminal Proceeding?
Under Massachusetts Criminal Laws, agreeing to a Continuance without a Finding is not the same as pleading guilty. Technically, it is an admission that "there are sufficient facts to find you guilty" of the charges. Pleading to a CWOF will happen at a pre-trial conference as part of a plea agreement, if your attorney can get the prosecutor to agree.
A continuance without a finding is also sometimes called a continuation without a finding, or a CWOF (pronounced "quaff"). It is similar to a nolo contendere, or no contest plea in other states. A continuance plea may be available to you in Massachusetts Criminal Courts if you are facing misdemeanor charges for drug or marijuana possession charges, assault, 1st offense OUI charges, many driving charges such as operating on a suspended license or without a license or insurance, reckless driving / operating to endanger, and other misdemeanor first offense MA criminal charges.
Why Agree to a CWOF?
If your case is continued without a finding, it can help you in cases where a finding of guilty would cause you problems in your career or educational opportunities. Some job applications ask you if you've ever been found guilty of a crime, and you can honestly answer "no". A guilty plea vs. a cwof may make a difference for certain law enforcement careers, security clearances, the right to own certain firearms, eligibility for certain scholarships or financial aid, or many other reasons.
A CWOF will not make any difference vs. a guilty plea if you are found guilty of the same offense in the future. It will stay on your record, and will absolutely be used against you in the future if you are charged with a second offense.