Massachusetts Criminal Forms - Massachusetts Criminal Law

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Massachusetts Criminal Form Categories Massachusetts Criminals Law

FAQ Massachusetts Criminal Pdf

What is criminal law? 

Criminal law is the body of law which covers crimes and criminal actions. It encompasses three different fields: substantive criminal law, criminal procedure and the special problems in administration and enforcement of criminal justice. However, the phrase criminal law as it is commonly used includes only substantive criminal law. Substantive criminal laws define particular crimes. In contrast, criminal procedure describes the process through which the criminal laws are enforced or it establishes rules for the prosecution of crime. For example, the law prohibiting murder is a substantive criminal law. The manner in which government enforces this substantive law through the gathering of evidence and prosecution is generally considered a procedural matter.

In criminal law, punishment is allowed due to the wrongful intent involved in the crime. A punishment, such as incarceration, seeks to give any victim involved retribution against the offender, deter the criminal from future criminal acts, and hopefully rehabilitate the offender. This is distinguished from civil law, which seeks to compensate the injured party rather than punish the wrongdoer.

What is a criminal action? 

A criminal action is an action instituted by the government to punish offenses against the public. A state or federal prosecutor can institute an action against an individual or group of individuals for violating state or federal criminal laws. Such actions are brought on behalf of society as a whole. The main part of a criminal action is the trial where innocence or guilt of accused is determined. If the accused is found guilty, a fine, imprisonment or even a death sentence may be imposed. The punishment depends upon the punishment provided in the statute under which the accused is prosecuted.

Certain types of claims are governed by a separate set of procedural rules. For example, bankruptcy claims are governed by Federal Rules of Bankruptcy Procedure, and appeals are governed by state or federal rules of appellate procedure. Specific courts may also have their own set of local court rules which must be followed, in addition to the applicable state or federal rules. The clerk of courts at a particular court may be asked to direct you to the local court rules.


What is an Eviction Notice?

An eviction notice is a legal document that informs a tenant that they must move out of a rented property. In Massachusetts, it is called a "Notice to Quit." It is usually issued by the landlord or property owner to the tenant, stating the reasons for eviction, such as non-payment of rent, violation of lease terms, or illegal activities. The eviction notice provides a specific timeframe for the tenant to vacate the property, usually at least 14 days. If the tenant does not comply, the landlord may file a lawsuit to formally evict the tenant through the court system.


Massachusetts Eviction Notices by Type

In Massachusetts, there are different types of eviction notices that landlords may use if they need to evict a tenant. The most common types of eviction notices are the 14-day notice to quit and the 30-day notice to quit. These notices inform the tenant that they must vacate the rental property within the specified timeframe. The 14-day notice is often used for non-payment of rent or lease violations, while the 30-day notice is typically used for month-to-month tenancies or when the lease agreement has expired. It's important to remember that eviction notices must follow specific legal requirements and be properly served to the tenant. If the tenant fails to comply with the eviction notice, the landlord may proceed with the eviction process through the court system.


What is the Eviction Process in Massachusetts?

The eviction process in Massachusetts is a legal procedure that a landlord must follow to force a tenant to move out of a rental property. It starts with the landlord giving the tenant a written notice to quit, which specifies the reason for eviction and the date by which the tenant must vacate the premises. If the tenant does not leave by the specified date, the landlord can file a summary process complaint at the courthouse, which initiates a court case. Both the landlord and the tenant then have the opportunity to present their side of the story in court. If the court finds in favor of the landlord, a judgment for possession is issued, and a constable or sheriff can remove the tenant from the property. It's important for both landlords and tenants to understand their rights and responsibilities during the eviction process.


Step 1: Deliver the notice

In Massachusetts, Step 1 in the eviction process is to deliver a notice to the tenant. This means that the landlord must provide a written document informing the tenant that they are being asked to leave the property. This notice can be given in person or sent through certified mail to make sure it is received by the tenant. It's important to use clear and easy-to-understand language in the notice, explaining the reason for eviction and the timeframe in which the tenant must vacate the premises.


Step 2: Wait for the tenant to respond

After you have sent a notice to your tenant in Massachusetts, the next step is to wait for their response. This means giving them some time to review the notice and decide on their next course of action. It is important to be patient during this time, as tenants may need time to gather information or seek advice. Waiting for the tenant's response is a crucial part of the process, as it allows both parties to communicate and potentially resolve any issues or concerns.