If you have a criminal matter and you are thinking about a plea, you have several options, including asking for a CWOF or Pre-Trial Probation, but what is a CWOF and what is Pre-Trial probation and what is the difference between the two terms? Read on.
A CWOF stands for “Continuance without a Finding.” A CWOF is a determination by the court that there is sufficient evidence against the defendant, but the court refrains from entering the ‘guilty’ finding. The CWOF is a final adjudication, but the defendant avoids having the ‘guilty’ on his/her record. The court will continue the case for a certain amount of time, and as long as the defendant adheres to certain conditions, the criminal matter is dismissed. If the defendant violates any of the conditions, the CWOF may be revoked and a guilty finding may be entered, which may include jail time.
Pre-Trial Probation is different than a CWOF because you do not have to admit that there is sufficient evidence against you, and if you violate pre-trial probation you are not found guilty, but your case returns to the court and goes through the process once again.
If you have any questions or find yourself in a criminal conundrum please call our office!
THIS POST WAS WRITTEN BY ATTORNEY JAMIE COSME. IT IS INTENDED FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT LEGAL ADVICE.