What is a continuance without a finding?
A. A continuance without a finding, commonly referred to as a CWOF, is neither a finding of guilt or innocence. While a CWOF is part of a plea bargain, instead of it being a plea of guilty, it is rather an “admission to facts sufficient for a finding of guilty.” In layperson’s terms, this means that a defendant will admit to either all or some of the facts as alleged by the government, effectively stating that these facts would more than likely be proved by the government were the case to proceed to trial and verdict. A defendant who bargains for a CWOF voluntarily, knowingly and willingly relinquishes the constitutional right to a jury trial and any potential subsequent appeal. The judge will give the defendant a “colloquy,” which is a set of constitutional and other questions designed specifically to ensure that the defendant understands, amongst other things, the charges, the penalties, the rights being waived and the consequences of the same. In exchange, the defendant typically re
