# CWOF and Forfeiture of Money Seized



## dnasty43059 (Aug 14, 2009)

I was wondering if anyone would know when arrested for Intent to Distribute Marijuana and after going to court and recieving a CWOF, does one have to forfeit money that was on their personal being to the State of Massachusetts?


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## LGriffin (Apr 2, 2009)

Oh, this is going to be so good! I'm off to get popcorn, BRB.


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## daxxkid (Nov 23, 2006)

I'm tunned in, can't wait for the show.


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## LGriffin (Apr 2, 2009)

Yes, Deville will keep your patchouli oil and clove gum as well.


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## Harley387 (May 1, 2002)

Money?? What money?? You say you had some money on you??


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## OfficerObie59 (Sep 14, 2007)

dnasty43059 said:


> I was wondering if anyone would know when arrested for Intent to Distribute Marijuana and after going to court and recieving a CWOF, does one have to forfeit money that was on their personal being to the State of Massachusetts?


 CWOFs are often treated as if they were a guilty finding.

What do you think?


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## Guest (Aug 14, 2009)

If you have a decent lawyer you'll get your money back, Spicoli.


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## jettsixx (Dec 10, 2005)

The state has already used your money to fund the healtcare of the illegals that have overdosed on other drugs. thank you


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## Guest (Aug 14, 2009)

jettsixx said:


> The state has already used your money to fund the healtcare of the illegals that have overdosed on other drugs. thank you


No, they used the PCIP money for that....Spicoli will get his money back.


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## Boston Irish Lass (Feb 13, 2009)

He doesn't get it back. I have it on good information that it is used for the organization and transportation issues regarding the M&G union attendees.


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## jedediah1 (Jun 18, 2009)

"does one have to forfeit money that was on their personal being"

if i had money on my "personal being" i would be a moron like you

now if you had money on your person, i would donate it to the town who had to waste time dealing with you.

if you weren't selling, it would have been a NG not CWOF, so lose your ill gotten gains like a man DNasty, if that is your real name....


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## dnasty43059 (Aug 14, 2009)

jedediah1,

Your the MORON......... I guess you must consider yourself smarter than everyone else. I was brought up with the understanding that no question is ever a stupid one if you do not know the correct answer. But in your case you must not have to ask any questions because maybe you were born with unlimited wisdom and knowledge.

dnasty


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## 263FPD (Oct 29, 2004)

dnasty43059 said:


> I was wondering if anyone would know when arrested for Intent to Distribute Marijuana and after going to court and recieving a CWOF, does one have to forfeit money that was on their personal being to the State of Massachusetts?


Of course you can get your money back. Your weed too. You moron!!!! Go smoke another tree.


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## 263FPD (Oct 29, 2004)

dnasty43059 said:


> jedediah1,
> 
> Your the MORON......... I guess you must consider yourself smarter than everyone else. I was brought up with the understanding that no question is ever a stupid one if you do not know the correct answer. But in your case you must not have to ask any questions because maybe you were born with unlimited wisdom and knowledge.
> 
> dnasty


Assmonkey! Go back to dealing weed.


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## SinePari (Aug 15, 2004)

Your attorney should help you get it back...less the 1/3 that goes in his pocket, of course. If you don't have an attorney, then that money goes to the Centerfold's VIP room...


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## dnasty43059 (Aug 14, 2009)

And yet another Dawn Strikes Marble Head response. Just curious as to if all you smart and wrdly people acyually know what a CWOF is? If not, let me explain. CWOF is the abbreviation for Continuance With Out a Finding. Now, if all you smart individuals look the term up, it explicitly states that the CWOF does not mean a person is admitting to a guilty plea or an innocent plea. So yes, I think my question is a legitimate one.

If any of you individuals were in this situation and recieved a CWOF, should I be the one to assume you were or are guilty of the crime?

And as far as asking a question if one does not know the answer, I feel the only stupid question is one that is not asked. Lets face it, only the stupid people of the world really think they know all the answers to all the questions.


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## LGriffin (Apr 2, 2009)

dnasty43059 said:


> If any of you individuals were in this situation and recieved a CWOF, should I be the one to assume you were or are guilty of the crime?


First of all, pothead, WE would not be in your situation and quite frankly we believe that you are guilty upon arrest. The court merely decides whether they'll cut you a break so run along now a take whatever cognitive abilities you have left to a forum that believes you are something more than entertainment.


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## Boston Irish Lass (Feb 13, 2009)

Well now, I may not be one of dem der smart and wrdly people (who) acyually know anything but I DO know that if you couldn't plead innocent - then it's because you're guilty.


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## Killjoy (Jun 23, 2003)

> And yet another Dawn Strikes Marble Head response. Just curious as to if all you smart and wrdly people acyually know what a CWOF is? If not, let me explain. CWOF is the abbreviation for Continuance With Out a Finding. Now, if all you smart individuals look the term up, it explicitly states that the CWOF does not mean a person is admitting to a guilty plea or an innocent plea. So yes, I think my question is a legitimate one.


Spicoli is explaining court procedures and terminology to us.....now that's funny!!

Sarcasm has died a slow and lingering death in this country....thank "Jackass" for that.



> And as far as asking a question if one does not know the answer, I feel the only stupid question is one that is not asked. Lets face it, only the stupid people of the world really think they know all the answers to all the questions.


As far as stupid questions go let me ask you this; have you ever heard of context? For example; if you had cheated on your taxes, should you ask a room full of IRS special agents for help? If you had been arrrested for distributing marijuana, should you ask a message board full of cops how to get your illicit proceeds back? Context, man, think about it.









Like a tibetian monk, I will not give you the answer, but I send you in the right direction to find your own answer. Your answer lies in the difference between _criminal_ law and _civil _law.


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## Irish Wampanoag (Apr 6, 2003)

Thats you tax debt to the commonwealth...


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## 7costanza (Aug 29, 2006)

Come on Dave...no need to be "nasty"...

*David Nastasia* Age: 50
City: Unspecified
State: MA
Country: US Gender: Male 
Last Login: Nov 12, 2008


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## kwflatbed (Dec 29, 2004)

dnasty43059 said:


> And yet another Dawn Strikes Marble Head response. Just curious as to if all you smart and wrdly people acyually know what a CWOF is? If not, let me explain. CWOF is the abbreviation for Continuance With Out a Finding. Now, if all you smart individuals look the term up, it explicitly states that the CWOF does not mean a person is admitting to a guilty plea or an innocent plea. So yes, I think my question is a legitimate one.
> 
> If any of you individuals were in this situation and recieved a CWOF, should I be the one to assume you were or are guilty of the crime?
> 
> And as far as asking a question if one does not know the answer, I feel the only stupid question is one that is not asked. Lets face it, only the stupid people of the world really think they know all the answers to all the questions.


Typical NOOB reply,if you don't like the answers move on little broomstick cowboy this is not the place for you.
99% of the CWOF pleas are gulity this is MA the land of free em all Duval.


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## MetrowestPD (Oct 21, 2008)

dnasty43059 said:


> jedediah1,
> 
> Your the MORON......... I guess you must consider yourself smarter than everyone else. I was brought up with the understanding that no question is ever a stupid one if you do not know the correct answer. But in your case you must not have to ask any questions because maybe you were born with unlimited wisdom and knowledge.
> 
> dnasty


dnasty, I too was brought up with the understanding that no question is ever stupid.However,I was also brought up with common sense and common sense would say that only an imbecile would ask if he could get his money back for dealing drugs because the court was generous with their plea agreement? on a forum with a great many law enforcement officers.

It is not so much the question, it is the idiotic, moronic, stupid assumption on your part that anyone on hear would help a low life drug dealer get his money back.

It is better to be quiet and thought a fool than to open your mouth and remove all doubt.


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## Tuna (Jun 1, 2006)

LGriffin said:


> First of all, pothead, WE would not be in your situation and quite frankly we believe that you are guilty upon arrest. The court merely decides whether they'll cut you a break so run along now a take whatever cognitive abilities you have left to a forum that believes you are something more than entertainment.


Now that is funny. Nasty guy, why don't you tell the gang here what exactly happened and maybe you will get some strait answers, or not.


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## 263FPD (Oct 29, 2004)

LGriffin said:


> First of all, pothead, WE would not be in your situation and quite frankly we believe that you are guilty upon arrest. The court merely decides whether they'll cut you a break so run along now a take whatever cognitive abilities you have left to a forum that believes you are something more than entertainment.





7costanza said:


> Come on Dave...no need to be "nasty"...
> 
> *David Nastasia* Age: 50
> City: Unspecified
> ...


Poor Dave. He is asking on behalf of his son Derek. Check this out Dave, A little Googling and that is what you get about your kid

*Methuen*
Car theft: 19 Grove St., 11:06 a.m.
Car crash: Broadway, hit and run, 2:58 p.m.
Car break: 46 Worcester St., 6:43 p.m.
Car crash: 36 W. Ayer St., car into parked car, 7:05 p.m.
*Arrest*: _*Derek Nastasia*_, 20, [address]., Lawrence, distribution of marijuana, 5 Newbury Ave., 8:58 p.m.
*Arrest*: Jeremy Hashem, 19, [address]., distribution of marijuana, 5 Newbury Ave., 8:58 p.m.

Now if you go to the link bellow, you will see that sonny boy is still at it.
His arrest was like what? January? His post in this forum bellow was like two months ago.

4 weeks in on Vimeo


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## 263FPD (Oct 29, 2004)

I am curious if their Landscaping services extend to planting of cannabis. I have about 1/2 acre that I am not using and with cuts and Quinn Bill and Derek's high grade seeds it just might be the thing that I was looking for.

David Nastasia & Sons'- Lawn And Landscape Company in Methuen, MA | (978)683-5153


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## Guest (Aug 16, 2009)

I asked magic 8 ball for you... It doesn't look good. Don't try to smoke this one either FOCKER.


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## LGriffin (Apr 2, 2009)

263FPD said:


> *Methuen*
> Car theft: 19 Grove St., 11:06 a.m.
> Car crash: Broadway, hit and run, 2:58 p.m.
> Car break: 46 Worcester St., 6:43 p.m.
> ...


:flipoff: This is just the beginning...


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## 263FPD (Oct 29, 2004)

*What is a CWOF in a Criminal Proceeding?*

Under Massachusetts Criminal Laws, agreeing to a *Continuance without a Finding* is not the same as pleading guilty. *Technically*, *it is *an admission *that *"*there are sufficient facts to find you guilty"* of the charges. Pleading to a CWOF will happen at a pre-trial conference as part of a plea agreement, if your attorney can get the prosecutor to agree. 
A continuance without a finding is also sometimes called a continuation without a finding, or a *CWOF*. It is similar to a *no contest* plea in other states. A continuance plea may be available to you in Massachusetts Criminal Courts if you are facing *misdemeanor* charges for drug or marijuana possession charges, assault, 1st offense OUI charges, many driving charges such as operating on a suspended license or without a license or insurance, reckless driving / operating to endanger, and other misdemeanor first offense MA criminal charges. 

If your case is continued without a finding, it can help you in cases where a finding of guilty would cause you problems in your career or educational opportunities. Some job applications ask you if you've ever been found guilty of a crime, and you can honestly answer "no". A guilty plea vs. a cwof may make a difference for certain law enforcement careers, security clearances, the right to own certain firearms, eligibility for certain scholarships or financial aid, or many other reasons. 

*A CWOF will not make any difference vs. a guilty plea if you are found guilty of the same offense in the future. It will stay on your record, and will absolutely be used against you in the future if you are charged with a second offense. *


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## Guest (Aug 16, 2009)

MetrowestPD said:


> However,I was also brought up with common sense and common sense would say that only an imbecile would ask if he could get his money back for dealing drugs because the court was generous with their plea agreement?


It's actually not a stupid question, because it happens all the time in Quincy District Court.....drug charges dismissed or CWOF'ed, and the seized money is returned to the former suspects.


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## 263FPD (Oct 29, 2004)

Delta784 said:


> It's actually not a stupid question, because it happens all the time in Quincy District Court.....drug charges dismissed or CWOF'ed, and the seized money is returned to the former suspects.


Well, that should make Mr. Nasty very happy.


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## Irish Wampanoag (Apr 6, 2003)

263FPD said:


> Poor Dave. He is asking on behalf of his son Derek. Check this out Dave, A little Googling and that is what you get about your kid
> 
> *Methuen*
> Car theft: 19 Grove St., 11:06 a.m.
> ...


BAAAA HAAAAA :martini: good one 263!!!


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## OfficerObie59 (Sep 14, 2007)

dnasty43059 said:


> Now, if all you smart individuals look the term up, it explicitly states that the CWOF does not mean a person is admitting to a guilty plea or an innocent plea.


Correct, but they are admitting that sufficent facts exist to convict them, which in my book for the purposes of personal judgement are just as valid.

I know of no truly innocent person who would admit to sufficient facts. 


dnasty43059 said:


> If any of you individuals were in this situation and recieved a CWOF, should I be the one to assume you were or are guilty of the crime?


Yes. See below.


263FPD said:


> *Technically*, *it is *an admission *that *"*there are sufficient facts to find you guilty"* of the charges.
> 
> *A CWOF will not make any difference vs. a guilty plea if you are found guilty of the same offense in the future. It will stay on your record, and will absolutely be used against you in the future if you are charged with a second offense. *


Were you aware that if you have a CWOF and you're whacked again with an offense that has "subsequent" provisions (OUI, suspended license, some drug offenses) it will trigger said provision?

A CWOF basically means you're guilty and the court is giving you a second chance by the skin of your teeth.



dnasty43059 said:


> And as far as asking a question if one does not know the answer, I feel the only stupid question is one that is not asked. Lets face it, only the stupid people of the world really think they know all the answers to all the questions.


Then why did you come here expecting a legitmate answer, or for that matter, even bother asking a question? If that's your take, you may as well as us who John Gault is. Guess that makes you the moron after all, for doing something you know could not possibly yield the result you're looking for.


dnasty43059 said:


> jedediah1,
> 
> Your the MORON......... I guess you must consider yourself smarter than everyone else.


Actually, it's _you're_, a contraction of the words "you" and "are". Work on your homonyms, moron.


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