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In a Massachusetts Criminal Case, what is CWOF?

  • Posted by Alexander Nesson
  • On January 15, 2018
“It is called “Continued without a Finding”. It is a type of disposition that has to occur prior to trial. Occasionally it can happen after trial, but typically not, typically a trial is either guilty or not guilty. What a Continuation without a Finding means is that an admission to sufficient facts that the event […]
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Helpful Information about the Brockton Courthouse

  • Posted by Alexander Nesson
  • On January 15, 2018
As an attorney representing clients in the Brockton Courthouse, I have learned many “ins and outs” and some tips that might make things go smoother for you. The main Trial Court Department has significantly changed over the years. When I first practiced in Brockton, Juvenile court was next door to the old Brockton District Court […]
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In Massachusetts in a C&P Case or DCF Court Case: What is a Court Investigator?

  • Posted by Alexander Nesson
  • On January 1, 2018
A Court Investigator will be appointed to the Care and Protection case under the law. They are very similar to what is called a “Guardian Ad Litem” and many times in divorces or Probate and Family Court cases. It is the Court Investigators job to gather facts about the case and write a report for […]
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What Happens at the 72-Hour Hearing in a DCF Case or Care and Custody Case?

  • Posted by Alexander Nesson
  • On December 27, 2017
The hearing is closed to the public. Generally, only the parties to the case are able to be in the hearing and other witnesses have to wait outside of the courtroom. For all parties, you have the opportunity to go over the caseworker’s Affidavit or report and hear the reasons why your child was removed […]
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What is ICWA in a Child Welfare Case or Care & Protection case in Massachusetts?

  • Posted by Alexander Nesson
  • On December 12, 2017
What “ICWA” is, is something called the “Indian Child Welfare Act”. It must be proven at a higher standard than a non-ICWA case. The Petitioner who is generally, DCF, has the responsibility to determine whether the child is a member or is eligible for a membership in an Indian tribe. It is the responsibility of […]
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Who is eligible to have a mass criminal record sealed

  • Posted by Alexander Nesson
  • On November 28, 2017
In MASS, there have been a great deal of changes in recent years to having your record sealed. Now, most non-convictions, not guilty verdicts and dismissals are able to be sealed immediately. A CWOF( continuance without a finding) is eligible once you have successfully completed the probation and your case has been dismissed. Certain drug […]
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A checklist for Health and Dental Insurance in a MA Divorce

  • Posted by Alexander Nesson
  • On November 27, 2017
The costs of insurance can be prohibitive and is a very important factor in may divorces both for the spouse and children. For the spouse and children most issues are similar: 1. The policy effect 2. What is the obligation of the coverage 3. The duration of that obligation 4. what happens if policy changes […]
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In a Divorce- does leaving the house impact my rights

  • Posted by Alexander Nesson
  • On November 24, 2017
Every case is unique but this is a common question. Many people are concerned with ‘abandonment”. This is typically not the issue with leaving the house(in a very few cases it might be) but moving out does impact you case. A negatives include that it sets a precedent and a divorce can take some time […]
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If I have second thoughts on a divorce can I dismiss the divorce

  • Posted by Alexander Nesson
  • On November 23, 2017
In MA, you can dismiss your complaint for divorce. Usually, the other party assents and you can do this administratively. If the other side filed a counterclaim( which is typical) the divorce would still go forward unless it was agreed to dismiss. Either party may seek a divorce even if the other spouse is opposed.
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