Tag: plea

Can someone be required to pay “restitution” for a crime?

The simple answer is yes, someone who enters into a plea agreement or is convicted of a crime in Massachusetts can be required to pay restitution to any victims of the criminal offense.

Restitution can be ordered after conviction at trial, as part of a plea, or even be part of an agreement with a prosecutor that includes dismissal of the charges.


There are a few things to know about criminal restitution in Massachusetts. First, for restitution to be ordered, a court must find that that the criminal action of the defendant caused the economic damage to the victim. Sometimes, if an amount is not agreed to, the court may hold a full hearing to determine this amount.


Second, a person cannot have their probation sentence extended solely because they are financially unable to pay restitution. If your financial circumstances change during the course of being on probation, it is important to let your probation officer or attorney know immediately.


Third, many offenses could include restitution, even when it may not seem obvious. Driving offenses such as operating under the influence (OUI) or negligent operation are often subject to restitution if there was a car accident involved. Assault and battery charges can include restitution for medical bills. And, more directly, theft offenses, such as larceny or shoplifting can include restitution for stolen property.


It is always important to have an attorney you trust review your case, including to determine if there is a possibility of restitution.

What is a CWOF and should you take it?

If you have or have spent time in a courtroom in Massachusetts you have probably heard attorneys, judges, or probation officers talking about a “CWOF.” “CWOF” is a commonly used acronym for a Continuation without a Finding. It is a way of resolving a case short of a guilty plea.

If you accept a CWOF disposition there are a few things to know and understand. First, a CWOF requires that you admit to the facts underlying the criminal charge. Second, it requires that you are placed on some period of probation. Third, that if you complete probation without any violations, then the case will be dismissed.

There are pitfalls and risks when you take a CWOF though. Because you admit to the facts, you must also waive your constitutional right to a trial, or to otherwise challenge the facts. This is important because if you were to be found to have violated your probation while on a CWOF, then you could be found guilty and sentenced up to the maximum possible penalty for the charge, without a trial. Additionally, for some charges, such as for an OUI, having received a CWOF in the past is sufficient for another OUI in the future to be charged as a subsequent offense.

A criminal defendant is not entitled to a CWOF, and the Court can decide whether or not to resolve a case in this way. Because of the benefits and risks associated with a CWOF, whether you should accept this disposition or not is highly case specific, and you should make sure you have an attorney you trust to help you make this decision.