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Destruction of Property and Underage Drinking

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  • 05-02-2009, 11:02 PM
    HELP PLEASE
    Destruction of Property and Underage Drinking
    My question involves criminal law for the state of: Virginia

    i need some HELP. here is the story. friends and i wanted somewhere to drink a little (under 21, but over 18), we went to a empty parking grarge near his house. i park my car in a nearby parking gararge. we break out some drinks and walk around the unoccupied garage drinking. someone we are with decides to go on a mini-rampage and starts destroying property. this includes a exit sign, lights, random breakable objects he finds, ect. I am HONESTLY trying to get him to stop. :wallbang: it ends with a grand finale of him BREAKING thru a fire extingusher case, and taking out the extinguisher and spraying it everywhere. i did not break ANYTHING. the four of us leave, me and my friend completley innocent, one kid semi-innocent, and the last comepltley guilty, he is the one who did the damage. we all leave in the same car, and leave two others in a nearby garage. as we leave, a firetruck drives up. my friend insists on getting his car out of the garage, i am fine with leaving mine there. as my friend goes to get his car, a police car comes up and he gets caught. the other three of us are gone by this point, and we find out later he got caught. he IS the one who did the damage, and we honestly do not know what he told the cops. (which is why im worried) we are at a resturant not knowing what to do next, when my parents call about 2 hours later saying the cops came to my house. they searched my car and took the keys back to my house (?). so my parents come and pick me and the car up, and now im at home wondering what is coming my way tommorow.
    end note - my friend is currently in jail/f'ed by the law. i do not know what he said to the police. he could have lied, told the truth, fought them, i have no idea. no matter what he said i did not break anything, just had a little brew, and did not operate a vehicle.

    here are my questions:
    1. can i be guilty for being with someone who was blatantly destorying property. i did not participate, and tried to tell him to stop multiple times (this is NOT a lie.) this is most likely on some kind of security camera.
    2. can i be charged for drinking with a VIDEO of me drinking out of what is clearly an 40 oz of beer.
    3. can the police search my car if it unlocked, without consent or a warrent. - http://www.expertlaw.com/forums/showthread.php?t=75973
  • 05-03-2009, 07:38 AM
    LawResearcherMissy
    Re: Destruction of Property and Underage Drinking
    1) If you've got evidence that you weren't destroying anything, lay hands on it. If not, you're going to need your attorney to duke that out in court for you.

    2) Of course you can. Why would you think otherwise?

    3) If the officer had probable cause, yes.
  • 05-03-2009, 08:01 AM
    cyjeff
    Re: Destruction of Property and Underage Drinking
    To add to Missy accurate legal advice....

    You didn't stop him or call the police. Therefore, you are an accessory and guilty of the same crime and subject to the same penalties he is.
  • 05-03-2009, 08:32 AM
    HELP PLEASE
    Re: Destruction of Property and Underage Drinking
    while the awnsers worry me, they are very helpful. as to cyjeff, "stop him" is a very general term. does this mean physcially stop him, or simply try and talk him out of it?
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