February 23, 2012

Criminal Defense Blog

What is a Continuance Without a Finding (CWOF)?

In Massachusetts, a continuance without a finding, or CWOF, is one manner of resolving a criminal complaint against a Defendant. A CWOF is an agreement between the Prosecutor and Defendant that the Prosecutor can demonstrate sufficient facts to the Court that the Defendant engaged in the alleged criminal activity. In return for this plea, the Court will continue the matter without rendering a verdict and instead impose conditions upon the Defendant to follow for a certain period of time. If the Defendant complies with the terms of the CWOF, the matter against him or her will be dismissed by the Court.

Understanding the implications of the different means of resolving criminal charges is critical to any Defendant. If faced with criminal charges, or an offer from a Massachusetts District Attorney’s Office to resolve a pending case, contact the Massachusetts criminal defense attorneys at Doherty, Ciechanowski, Dugan & Cannon, P. C.

What is the best way to protect yourself in a criminal investigation?

Be polite, but say nothing.  Nothing will more surely result in a criminal charge or conviction than your own words.   Too often people feel the need to explain themselves.  If the police need help in solving the crime, the source should never be the subject of the investigation.  The same can be said for testifying at trial.  A person charged with a crime has a right to testify at trial.  Many people testify themselves into a conviction.  By saying nothing, you do not have to worry about anything being repeated by anyone. You always retain the right to remain silent. Neither the police nor the court can make any inference or assumption from your silence.

If you’ve been charged with a crime in Massachusetts and require the representation from an experienced criminal defense lawyer contact Attorny Peter Paulousky for an initial consultation and to discuss your particular case.

Criminal Offender Record Information Administrative Procedure Reforms

November 17, 2010 | by Massachusetts Commission Against Discrimination

Criminal Offender Record Information Administrative Procedure Reforms (PDF Version)

On August 6, 2010, Governor Deval Patrick signed into law Chapter 256 of the Acts of 2010, “An Act Reforming the Administrative Procedures Relative to Criminal Offender Record Information and Pre- and Post-Trial Supervised Release” (“CORI Reform”). Effective November 4, 2010, the Act prevents employers from seeking disclosure of job applicants’ criminal record information prior to the interview stage of the hiring process.1 This law is subject to two limited exceptions discussed below. The law, codified at G.L. c. 151B, § 4(9½) (www.malegislature.gov/Laws/SessionLaws/Acts/2010/Chapter256), is enforced by the Massachusetts Commission Against Discrimination (MCAD).

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New Massachusetts Law Bans Text Messaging While Driving Effective September 30th

September 1, 2010 | by Attorney Michael Doherty

In July 2010, Governor Deval Patrick signed a new law that makes it illegal to text while driving starting September 30, 2010. The law comes in the wake of a recent study that found texting while driving makes an individual twenty times more like to be involved in a car crash or near-crash. The goal of the law is to increase public awareness about the dangers of distracted driving and hopefully reduce the number of accidents caused by texting motorists.

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Attorneys in Franklin Massachusetts and Medfield MA lawyers

The Massachusetts attorneys of Doherty, Ciechanowski, Dugan & Cannon provide legal services to Massachusetts businesses, families, and individuals in the practice areas of business law, criminal defense, divorce and family law, employment law, estate planning, personal injury, real estate, and litigation matters.

Our attorneys represent clients throughout Massachusetts and in every county of Massachusetts including Norfolk County, Suffolk County, Worcester County, Bristol County, Middlesex County, Plymouth County, Hamden County, Essex County and Barnstable County. Our attorneys represent clients in Massachusetts’ largest communities including the cities of Boston, Worcester, Springfield, Lowell, Cambridge, Brockton, New Bedford, Fall River, Lynn, and Quincy.

Our law offices are located in Franklin and Medfield and serve the Greater Boston MetroWest region and the neighboring towns of Bellingham, Milford, Upton, Hopedale, Holliston, Medway, Millis, Medfield, Norwood, Walpole, Sharon, Foxborough, Wrentham, Easton, Mansfield, North Attleboro, Norton, Plainville, Raynham, Taunton, Attleboro, Seekonk, Rehoboth, Uxbridge, Whittensville, and Worcester.