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Long story short. After the DA offers you a Continued without finding and you decline and decide to goto trial can you take back your decision and accept the CWOF before or on your trial date??

Offered CWOF

Possibly. However, you or your attorney will be able to inform the court of the offer when you tender your plea if the ADA ups their recommendation at the later date. As long as the crime you are alleged to have committed is eligible for a CWOF, you can ask the Judge to enter a CWOF even if the ADA reccomends a Guilty finding. In any criminal case the sentence is determined by the Judge assigned to the case after considering the ADA's recommendation as well as your attorney's recommendation. Should the Judge exceed you or your attorney's reccomendation you may withdraw the tender of plea and take your chances at trial.
 
Attorney Kevin Gaughen, Jr.
DISCLAIMER: This answer is provided in response to a "hypothetical" question and provided for general, informational purposes and does not create an attorney/client relationship. The information presented is not legal advice and may change based additional information and research. It is recommended that you speak to an attorney to discuss your specific legal issues. This is not intended to constitute legal advertising or solicitation, but rather to educate.

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