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Criminal, juvenile & DCF Cases

Attorney Nesson defends the accused with skill and compassion. The work may include substantial trial work or where appropriate and helping the client reach an acceptable settlement.

Attorney Nesson will give you insight into legal defenses often overlooked. He will discuss a strategy for what type of defense will work best in your case. Such strategies might include motions for illegal stops searches and statements.

Dibenedetto motion to dismiss are very good tools to be able to dismiss the complaint. Further, drug cases present opportunity to thoroughly investigate police procedures to determine if there are mistakes or violations that will allow us to suppress or exclude certain evidence that may allow the case to be dismissed. It is also important to get all useful background information about the client to present to the court to seek alternative and creative options.

In Taunton District Court, client was alleged to threaten to burn down an alleged victims house via email. A motion to dismiss was allowed due to suppression of statement.

In New Bedford, client was charged with distribution of drugs case were the DA had told prior counsel that client would have to serve at least one year. I was hired and filed some motions and got client’s medical records and the charges reduced to possession with probation.

In Wrentham, client accused of assault and battery on child, represented client and filed a motion to dismiss based on lack of probable cause allowed( also represented client on restraining order against him denied and on DCF case unsupported and modification case that was favorable to client)

In Taunton, a charge of indecent assault and battery which I file a motion to dismiss for lack of speedy trial that was allowed.

In Brockton, a charge of trespass that involved allegedly parachuting in a private grounds dismissed at clerk’s hearing. In Wareham, a domestic violence case that prosecutor wanted jail time, dismissed after I was hired.

Juvenile Cases

Juvenile can be prosecuted for any of the same crimes that adults can be prosecuted. The goal of the juvenile system is to rehabilitate children. However, the police, prosecutors ad probation officer can be very punitive and effect your son or daughter’s future. The main concern is for the juvenile client’s future- the last thing a child needs is to be convicted of a crime that can hurt their chances for school or jobs. My office represents juveniles in all types of felony and misdemeanor cases.

In Taunton Juvenile, client was suspended by school for a fight. There was an alleged video, I sought the case to be dismissed due to not providing me the video and the case was dismissed and child able to go back to school. One Juvenile in multiple courts including Taunton, Dedham, New Bedford, Attleboro and Wareham facing many charges- worked with clients clinicians to help get right diagnosis so instead of being committed to DYS he was able to get many charges dismissed and probation with proper treatment. Lynn Juvenile Court, a knife and drug case was dismissed due to illegal search of client. In Wareham, client with no record able to get diversion rather than probation of co-defendants.

Department of Children and Families (DCF) Cases

DCF court cases can be a care and protection where DCF files a court affidavit possibly seeking emergency custody and possible foster care. You are entitled to have an attorney present and this is generally recommended. You generally do not want to sign anything without any attorney present and be careful of angrily defending yourself because the statements can be used against you. The allegations are generally anonymous, some come from schools, doctors, and the police. Some of the allegations can also come from family or neighbors that may have a grudge against you. Anytime, DCF is involved you need to take it very seriously. I have handled hundreds of cases involving DCF from simple investigations to 2 week trial.

Framingham- represented prior foster care parents in their guardianship that parents, grandparents, DCF, child’s counsel and GAL opposed. Several week long trial with expert witness and Judge determined that Child should be removed from grandparents and be guardianship granted to clients. Representing them in adoption. Taunton, DCF sought temporary custody at 7 hour hearing, representing Mother who won a directed verdict. In Braintree, Children’s hospital filed emergency 51A and were discussing removal of child, got client’s background and primary care doctor letter which had DCF unsupported allegation and children’s hospital agree to look at protocols.