Salem, MA Alternative Sentencing Lawyer
Probation, CWOFs, Drug Courts, OCC and staying out of jail
Massachusetts was one of the first, if not the first state to implement probation instead of jail as a consequence of a conviction. It can enable people to avoid incarceration, remain living with their families, and remain employed. This is a tremendous benefit for those individuals and their families and for society in general, through rehabilitating without interrupting important aspects of life, like employment and family.
CWOF, for continuation without finding, is a disposition allowed in Massachusetts for all charges not specifically forbidden in their statute. It will not count as a conviction unless it is revoked and guilty imposed. It can be granted, however, only after the individual charged has admitted under oath in Court that there are sufficient facts that would support a finding of guilty. Some judges will ask the defendant to admit in open court that they are in fact guilty. Then the court will continue the matter for a period of time and place the individual on probation. The court can (but will not always) revoke that CWOF and impose a guilty finding, but only after a violation of probation is found. In some instances it may be possible to obtain pretrial probation, or a general continuance, with the consent of the Judge and prosecutor and make no admission, but this is not common.
It is also possible to have the probation supervision transferred to another court, even in another state, enabling a person to move or return to another state, and they will not have to come to Massachusetts to be supervised. Violations of probation conditions are adjudicated in the court you plead in, however.
Drug Court is more specialized and rigorous supervision, with drug testing and treatment or counseling. Drug problems are common in the District Courts. Relapses are a common as well. It may be that a person is detained in jail briefly, then returned to probation and allowed to retain their CWOF. Not all Massachusetts courts have Drug Courts.
OCC, again available in many but not all Massachusetts courts, stands for "Office of Community Corrections." Like Drug Court, there are many more restrictive conditions, like curfews or bracelets. If you are not employed, you may have to attend 4 to 5 days a week for up to three months. They feature education, community service, drug, job and other counseling, but again it can be used to avoid incarceration in many cases.
We are experienced in probation advocacy and hearings, and have represented many individuals who have been able to complete the terms of their probations and avoid conviction and incarceration as a result. We are also well versed in presenting and advocating for the best options for our clients who have serious drug and alcohol problems in addition to criminal charges.