This form is a sample letter in Word format covering the subject matter of the title of the form.
Trial Continuance Without A Finding In Orange
Category:
State:
Multi-State
County:
Orange
Control #:
US-0004LTR
Format:
Word;
Rich Text
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FAQ
(2) For purposes of this section, "good cause" includes, but is not limited to, those cases involving murder, as defined in subdivision (a) of Section 187, allegations that stalking, as defined in Section 646.9, a violation of one or more of the sections specified in subdivision (a) of Section 11165.1 or Section ...
You absolutely can appear in court and inform them that you were unable to properly serve, and ask for a formal 'continuance' (delay) asking for more time to find the defendant. If this is a first time, judges tend to allow such a delay if it is not too long.
What Is Considered a “Good Cause?” Either the defendant or prosecution needs more time to prepare for trial; The defendant became ill or experienced an unexpected life change; Witnesses cannot be tracked down or cannot attend the scheduled court date; The defendant needs more time to retain a lawyer;
Continuance Without a Finding (CWOF) is common in cases where the evidence supports a guilty finding. This is when the defendant acknowledges guilt for pleading purposes, but the court does not enter a guilty finding. Instead, it continues the case which will be dismissed upon completion of certain conditions.
Valid reasons include personal emergencies, unavailability of essential evidence, and lack of legal representation. How do I notify the court? You can notify the court by directly speaking to the court clerk or filing a motion for continuance before the hearing begins.
You'll need to file a request with the court. This is usually done in the form of a written motion, which is a formal request to the court to make a particular decision. Your motion should explain why you need more time and how long of a delay you are requesting.
As I explained today, I need a continuance of the hearing on (date) . I ask you to reschedule because (reason): Please let me know by (date) if you will agree to a continuance. If you agree, please send me a letter or email that says that you agree to the continuance.
More info
A continuance without a finding (CWOF) means that you agree that the prosecution has evidence against you without fighting the case. A CWOF that was completed is present on your CORI report.A defendant admits that the facts contained in the police report are true and that they could be found guilty. If you or the other side want to ask the court to do something in a case, you must ask in written court papers called a Motion or an Order to Show Cause. Generally whether or not to grant a continuance is within the discretion of the trial Court. If an individual violates probation, the probation officer will file a motion to revoke the CWOF and the case will proceed to a guilty finding. After accepting a CWOF, the court will place you on probation and impose several conditions of supervision. What is a CWOF in a Criminal Case? The granting of a continuance is in the sole discretion of the trial judge. If you do not have a lawyer and are representing yourself in a case, use these simplified instructions to help you fill out the Military Affidavit form.
