1. While this "tenant" may have some defenses to an eviction action, technically, from the information you've given, he is a sub-tenant by contract with you, allbeit, an oral contract. 2. In my opinion, a written 14-day notice to quit for non-payment of rent is the appropriate way to start the eviction process.This should be served in hand with proof of service from a deputy sheriff, authorized constable, etc. 3. As another attorney responded above, this will likely not serve you well...
You will not be relieved of your obligation to report for jury duty. Whether or not you can sit and hear the evidence of the matter at hand will be determined during jury selection. You may be challenged for "cause" based on the information you supply, under oath , in your jury questionaire. Or, based on that same information, one of the attorneys may use a "peremptory" challenge even if a judge determines you would be impartial. I would expect the conviction to be raised as a possible...
Prosecutors in Massachusetts will likely search databases to find prior information leading to the defendant being charged as a subsequent offender. PROVING the out-of-state conviction through certifed records and/or identification testimony is another story. My experience tells me that most district attorneys offices feel that the cost of providing admissible proof that the individual is, indeed, the same person that was previously convicted is, in many instances, prohibitve.
In Massachusetts...a person in District Court, in some instanes, is allowed to plead to or admit to"facts sufficient to warrant a finding of guilt" and recieve a CWOF or "continuance without a finding". While not a "conviction" in the true meaning of Massachusetts criminal law, if charged again with a DUI/OUI/DWI he/ she will be charged as a repeat offender.This disposition is available to 1st time offenders only. Any guilty pleas or guilty verdicts are considered convictions. Additionally,...
In Massachusetts...a person in District Court, in some instanes, is allowed to plead to or admit to"facts sufficient to warrant a finding of guilt" and recieve a CWOF or "continuance without a finding". While not a "conviction" in the true meaning of Massachusetts criminal law, if charged again with a DUI/OUI/DWI he/ she will be charged as a repeat offender.This disposition is available to 1st time offenders only. Any guilty pleas or guilty verdicts are considered convictions