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AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Criminal Law
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Experience:  19+ Years of Legal Practice in Criminal Law.
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Question for my son

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Hi. This is all in the perspective of my son, I am just writing down everything he says. He is 17 and this is his dad.

Okay so one of my friends threw a party at my other friends house. The other friend was not present but gave permission to my friend to throw the party and even left his house open for everyone to get in. Later that night, his cousins found out and showed up at the house and called the cops. I just showed up at the party for a while, didnt drink, and then went home. When i got home, I got a phone call from the cousins claiming that they were gonna press charges on me, because I am their main suspect. I didn't even throw the party, I just showed up! Can they even press charges? And if so, will I be affected?
Submitted: 2 years ago.
Category: Criminal Law
Expert:  AlexiaEsq. replied 2 years ago.
*Due to rules of your state bar or mine, nothing herein is intended as legal advice, only intended as general information to better help yourself.

Good morning. With regard to your post:

Hi. This is all in the perspective of my son, I am just writing down everything he says. He is 17 and this is his dad. Understood.

Okay so one of my friends threw a party at my other friends house. The other friend was not present but gave permission to my friend to throw the party And you know this how? and when did you learn this, that the homeowner would not be there?

 

and even left his house open for everyone to get in. Later that night, his cousins found out and showed up at the house and called the cops. I just showed up at the party for a while, didnt drink, and then went home. Did you see the police when they came?

 

When i got home, I got a phone call from the cousins claiming that they were gonna press charges on me, because I am their main suspect. Cousins can't press charges, only the authorities can. Moreover, what do they say was the CRIME?

 

I didn't even throw the party, I just showed up! Can they even press charges? And if so, will I be affected?I am still trying to figure out what the alleged crime is? Can you clarify?

Optional Information:
State/Country relating to question: Arizona

Already Tried:
Tried to resolve with their parents, they aren't budging. Not budging about what? I do suggest you stop opening your mouth and making admissions of any kind. You have a 5th Amendment right to close it - and I suggest you do so. But I do look forward to your above responses so I can provide more legal information details.

 

Thanks!

Customer: replied 2 years ago.
Because I am friends with the kid (Dominic) who's house the party was at and he told us at school we could have it at our house. We also have texts from him that say along the lines "You can have the party in my garage, dont mess up my house, etc". He was also texting one of my friends at the party. No I didn't see the cops. They said that they would press charges on me for "breaking in". Here, I'm gonna tell you the whole story of what happened, hold on.

So this all happened Saturday. I'm going to use names so that you can follow along better. So Dominic allowed us to have a party at his house while he was in San Fransisco. He gave us permission to throw a party in his house and even left his window open for us before leaving. So on saturday, while he wasn't there, the people who set up the party hopped in from the window and opened the front door. Then they set up the party. Later on when the party started, people would enter through the front door of the house. That is how I entered. People were drinking at the party, but I didn't drink because I've already been screwed once for drinking and I didn't want to risk it. Finally towards the end of the night, Dominic's cousins that were in Arizona found out about the party, came and stopped it. They came at around 12:45 at night. After that, I drove home because I was freaking out that everyone got caught. When I reach home, at 1:15 I get a call from Dominic's cousins/sister in law and she is cursing at me and abusing me and blaming the whole thing on me. She was claiming that she is going to press charges on me and says that I broke into her house, got all the alcohol, and that I'm in big trouble. I keep telling her that I just went to the party, didn't break in or start it, but she won't agree. I also tell her that we didnt break in cause dominic gave us permission to go in his house and even knew that we were there. She still didnt agree and also said that I was piece of little shit and that she would beat the shit out of me and that she didn't care if she went to jail. The next day, Dominic's parents somehow get my mom's number and call her and tell my parents whats going on.

The only reason they think it is me, because I tweeted something about the party. My exact words were "Party who wants to come? ;)". But whoever replied to me on twitter, I didn't reply back and the tweet was just for fun. Dominic also replied to the tweet saying "really dog its not a party i swear if my house gets f**ked up im gonna f**k you up". I just showed up to the party! I didn't do anything else!
Expert:  AlexiaEsq. replied 2 years ago.
Hi,

Because I am friends with the kid (Dominic) who's house the party was at and he told us at school we could have it at our house. You mean at "his" house, not "our" house, right?

We also have texts from him that say along the lines "You can have the party in my garage, dont mess up my house, etc". He was also texting one of my friends at the party. Excellent. Obviously keep those texts. You may want to 'videotape' the texts as you scroll through them, showing what they say, when they were sent, and who they were sent from.

No I didn't see the cops. I suspect there were not police - if the cousins came and called them while you were there, why did you not see them? And what did the cousins do while you were there? Have a cocktail with you? Sounds like they are accessories to whatever they are alleging.

They said that they would press charges on me for "breaking in". Here is what they are forgetting. There has to actually has to be a break in - with 'intent' - here you have proof that the homeowner invited you there.

Here, I'm gonna tell you the whole story of what happened, hold on.

So this all happened Saturday. I'm going to use names so that you can follow along better. So Dominic allowed us to have a party at his house while he was in San Fransisco. He gave us permission to throw a party in his house and even left his window open for us before leaving. Didn't you say he left the "house" open? Not sure "window" is considered leaving the house open, but whatever.

So on saturday, while he wasn't there, the people who set up the party hopped in from the window and opened the front door. Then they set up the party. Later on when the party started, people would enter through the front door of the house. That is how I entered. People were drinking at the party, but I didn't drink because I've already been screwed once for drinking and I didn't want to risk it. Finally towards the end of the night, Dominic's cousins that were in Arizona found out about the party, came and stopped it. They came at around 12:45 at night. After that, I drove home because I was freaking out that everyone got caught. OK, so you did see the cousins and they, who don't own the house, yelled at everyone for coming to the party they were invited to. Interesting that they did not call the police at that time.

When I reach home, at 1:15 I get a call from Dominic's cousins/sister in law and she is cursing at me and abusing me and blaming the whole thing on me. Why did you give her your number? WHY???

She was claiming that she is going to press charges on me and says that I broke into her house, got all the alcohol, and that I'm in big trouble. I wouldn't worry about her. She has no evidence of such.

I keep telling her that I just went to the party, didn't break in or start it, but she won't agree. Again, stop talking to her. Tell her to call your lawyer. You see, had she actually called the police, they'd be doing the calling/stopping by, NOT her :) Is she trying to extort money from you or something? Is she an adult? If you were my child, I'd be contactingher (or better yet, have my attorney do so) and demand she cease and desist the harassment and threatening behavior against a minor, or I will have no choice but to seek redress for her child abuse).

I also tell her that we didnt break in cause dominic gave us permission to go in his house and even knew that we were there. Please, stop talking to her NOW. Before you decided to talk, there was no proof beyond he said/she said that you were even THERE. Now, there is also an admission of a critical point - stop helping them build a case against you and zip it. As they say, loose lips...

She still didnt agree and also said that I was piece of little shit and that she would beat the shit out of me Hmm, another threat of bodily harm. Get your lawyer on her - that is what I would do.

and that she didn't care if she went to jail. The next day, Dominic's parents somehow get my mom's number and call her and tell my parents whats going on. Your parents may want to let them know that it has been brought to their attention that there appears to be an extortion conspiracy going on, in addition to abuse of a minor that took place at the party (cousins yelling at you? I wouldn't specify, but the thought could nip them, give them pause to perhaps fold their cards and move on to pick on someone else). And if they can't control their relatives and cease the child abuse, your lawyer will have to take action.

The only reason they think it is me, because I tweeted something about the party. Wow, OK, you really haven't learned about social media - it is no different than putting it in the NEWSPAPER? Why do people treat it like their private diary but then send it out into the world. Seriously. Zip it.

My exact words were "Party who wants to come? ;)". But whoever replied to me on twitter, I didn't reply back and the tweet was just for fun. I agree it was harmless, albeit stupid. No offense, we live and we learn, and you live in an era much more complicate than when I was your age. But you need to wisen up or you will find yourself on the wrong side of a criminal record, all because you feel the need to share your schedule with the world.

Dominic also replied to the tweet saying "really dog its not a party i swear if my house gets f**ked up im gonna f**k you up". Nice guy. You got that tweet and still decided to go to this party? I just showed up to the party! I didn't do anything else! I understand and I don't think they have a shot at anything, since there is no proof of any wrongdoing. I'd consider having YOUR lawyer write a cease and desist letter of some kind to warn them that continued harassment of a minor will result in legal consequences that they do not want to experience. Having that lawyer in the wings will also be good in the event they DO decide to push the police by making up fabrications - because you can call him immediately and NOT speak unless he tells you do.

If that were to happen, based on what you have said, it does not appear that the State could or would choose to press the charges - and if it did, obviously, they'd have trouble proving anything - which is why they'd not likely choose to waste time prosecuting it. It is trivial and there is apparently no damage, just allegations of "Breaking and entering" and you have established that you did neither. I don't think you have anything serious to worry about.

I hope this helps clarify for you.

Because I help people like you here, for a living---this is not a hobby for me---I sincerely XXXXX XXXXX abiding by the honor system with regard to Accepting answers, by Clicking your ACCEPT button now. Feel free to follow up after, if you need clarification. An ACCEPT also assures that I can assist you again. A BONUS is a wonderful way to tell the expert her time and effort are appreciated. I wish you the best in your future.


Customer: replied 2 years ago.
yes I mean his house.
The cousins saw me there, when they got there, everybody left.
Dominic left the window open for us to get in. The people who started the party went in through the window and then opened the doors for everyone to enter in.
They got my number from Dominic, I didn't give it to them.

Do I have any reason to worry? Or is it clear that I shouldn't be involved in this? What are some things they have against me?
Expert:  AlexiaEsq. replied 2 years ago.
Hi again,

yes I mean his house.
The cousins saw me there, when they got there, everybody left. OK, so they did not witness a breaking or entering. There is proof of an invite. I see no case at all against you.

Dominic left the window open for us to get in. The people who started the party went in through the window and then opened the doors for everyone to enter in. I understand.

They got my number from Dominic, I didn't give it to them. Dominic sounds a little wishy washy. May want to remember that when you are prioritizing your friends. Plus, Dominic admits he invited you over - his tweet alludes to that.

Do I have any reason to worry? We always have reason to worry about vindictive people who have no respect for thr truth and like to cause problems or hurt others - however, I don't see them enjoying success here. But I emphasize that I would NOT engage them in conversation. I would not choose to associate with people who behave that way or treat you the way they have treated you. You only hurt yourself by doing so, digging your problem deeper - a problem that doesn't likely exist at this point, but your engaging them may add fuel to their fire.

Or is it clear that I shouldn't be involved in this? What is seemingly clear from your facts is that no crime seems to have been committed? Apparently some people are unhappy that their relative (Dominic) invited people to his home when he wasn't going to be there. That is not a crime, however. As much as these cousins would like to pretend otherwise.

What are some things they have against me?
Thus far you have mentioned none. They can lie, however. Which is why I urge you to refrain from engaging with them. You have proof of your invite. There is no proof you committed crimes IN the home. End of story. Print out AND save to your computer the TWEETS. I'd also save the phone detail showing that they called you on YOUR number. It will help to show that they knew you, had your number, etc. Hardly a stranger, helping to support the defense that you were invited, not a perp of B&E. Not to mention, weren't there other friends of yours at this party? You have witnesses galore. They don't seem to have anything on you.

I hope this helps clarify for you.

Because I help people like you here, for a living---this is not a hobby for me---I sincerely XXXXX XXXXX abiding by the honor system with regard to Accepting answers, by Clicking your ACCEPT button now. Feel free to follow up after, if you need clarification. An ACCEPT also assures that I can assist you again. A BONUS is a wonderful way to tell the expert her time and effort are appreciated. I wish you the best in your future.


AlexiaEsq., Managing Attorney
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Satisfied Customers: 11699
Experience: 19+ Years of Legal Practice in Criminal Law.
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