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Should I request that my case be Continued Without a Finding?

A Continuance Without a Finding (“CWOF”) is a pre-trial disposition in which the defendant admits that there are sufficient facts to warrant a finding of guilty.  However, rather than impose a Guilty finding, the court will continue the case for a set period of time (usually, 1 year), with the understanding that the case will be dismissed at that time provided the defendant complies with the required conditions of the probation.  The problem is that, even after a successful probationary term and the resulting Dismissal, the case will ALWAYS count as a prior conviction if your ever arrested again.  For that reason, a CWOF really offers very little benefit for the average individual.

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