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The defendant’s plea technically remained not guilty a CWOF is NOT a conviction. If the Defendant does not complete the probationary period successfully the Court may revoke the CWOF impose a GUILTY and sentence the person to the maximum sentence. Assuming the Defendant successfully completes the probationary period the case will be dismissed. CWOFĬWOF stands for continuation without a finding A CWOF is where the court could find based on the evidence before it that there are sufficient facts to warrant a finding of guilt but will refrain from doing so and instead continue the case without a finding generally along specific terms and conditions imposed first set period of time. If the defendant cannot successfully complete pretrial probation case will be restored to the trial list. It is where the Commonwealth agrees to dismiss the case after either a set period of time or conditions or both. Pretrial probation is only available if the Commonwealth consents. If a case is dismissed prior to arraignment the case will not appear on the person’s criminal record. In cases of straight dismissals, the charge will appear on the person’s criminal record.ĭismissal prior to arraignment is when the prosecutor dismisses the case before it has been arraignment. The Commonwealth needs to consent to any type of pretrial dismissal. In some of the more minor cases, the Commonwealth may move to dismiss the case upon conditions or payment. If a case is dismissed without prejudice the case may be reopened.
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If a case is dismissed with prejudice the case cannot be retried. There are two types of dismissals in Massachusetts dismissals with prejudice and without prejudice. Below is a short guide to potential outcomes or dispositions in a Massachusetts criminal case. How a case is resolved depends on many different factors. Not every criminal case ends in either a guilty or not guilty in Massachusetts. How to Appeal a Massachusetts Speeding Ticket.Massachusetts Speeding Ticket Recent Victories.Massachusetts Surchargeable Infractions.Assault and Battery with a Dangerous Weapon.MINOR IN POSSESSION OF ALCOHOL MASSACHUSETTS.OPEN AND GROSS LEWDNESS AND LASCIVIOUS BEHAVIOR.
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