Massachusetts 1st offense OUI: Should I accept a plea of a CWOF?
Автор: DelSignore Law
Загружено: 2014-12-15
Просмотров: 4828
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Transcript:
What is the Continuance Without a Finding when you’re facing an OUI charge in Massachusetts for the first time? Come’ on in. I’m Michael DelSignore, I’m going to answer this question for you. Continuance Without a Finding is the plea offered to someone who's charged with OUI for the first time. It's the standard plea deal that you'll hear in court when you’re sitting there for your arraignment and pre-trial conferences. Continuance Without a Finding is an admission that you drove under the influence of alcohol. The benefit of it is it's technically not a criminal conviction. So employers with the lowest level of access to CORI Records may not have access and see that you had a Continuance Without a Finding. But for many people those in banking, education your employees are going to have a greater level of access to criminal records and they're going to see that you had a Continuance Without a Finding, an OUI offense. What's confusing to people here in court that the judge will say the case is dismissed after a year, if you accept the Continuance Without a Finding that it's not a dismissal of the case it's an admission that you drove under the influence of alcohol and it's essentially a plea on the case. The only way you can avoid a conviction or even admission is you have to take the case to trial and have a not guilty verdict in front of either a judge or jury. So if you have any questions about the terminology used in court about what it means to accept the Continuance Without a Finding, what are the pluses and minuses? Feel free to call me I answer this question every day. I’ll be happy to talk!
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