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Can I be charged with breaking and entering in my grandparent's home. Also, can the state serve as the victim for the homeowner?

Bennington, VT |

I showed some girls where my grandparents house was. They threw a huge party there the next day and lots of vandalism occurred. I arrived at the house for other reasons and discovered the party. I didn't call the cops, but I also didn't condone anything that happened or give any consent to the girls for having a party. I left before the vandalism occurred and came back in the morning to discover the damages. The cops think that I gave the girls permission to have the party and that I organized the whole thing. I am 17, I live in Vermont, and I have a bright future. I also understand my 5th amendment rights and won't be participating in any police interrogations.

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Attorney answers 1


Of course you can be charged with breaking and entering. What really matters is whether or not the facts meet the charge and whether or not a prosecutor could prove the charge.

When you discovered this unauthorized party at your grandparents home, did you usher the people out and call your grandparents and tell them what happened? If you didn't, the partiers will probably say that you gave them permission to be there.

You are right, you do not need to discuss this with the police. If you are charged, you should seek a criminal defense attorney to represent you. The State can bring the charges and it has nothing to do with substituting themselves as a "victim". If the law has been breached, they can charge you, regardless of whom the victim is.

Legal Disclaimer:

If this information has been helpful, please indicate below.

Mr. Lundeen is licensed to practice law in Florida and Vermont. The response herein is not legal advice and does not create an attorney/client relationship. The response is in the form of legal education and is intended to provide general information about the matter within the question. Oftentimes the question does not include significant and important facts and timelines that, if known, could significantly change the reply and make it unsuitable. Mr. Lundeen strongly advises the questioner to confer with an attorney in your state in order to ensure proper advice is received.

This ans. does not create an attorney/client relationship.



I didn't call the police or my grandparents, but I certainly wasn't okay with the situation. I spent most of the night trying to get people to leave and making sure things wouldn't be broken. When I was there, the vandalization hadn't occurred, so I didn't think it was worth it for all my friends to be arrested because of me. It was obviously a stupid decision. I have proof from Facebook messages proving that I had no prior knowledge about the incident and that I didn't give authorization. Also, I have evidence proving I didn't condone the actions taken by certain individuals at the party. What is the likelihood that the state could prove a breaking and entering charge? Also, I know that since I'm a minor and have no previous record that the case would probably go to diversion.

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