Legal Question in Criminal Law in Virginia

someone came into my selfserve car wash and apparently had dumped a large amount of paint in their truck bed. They washed it out leaving considerable damage to my property. Primarly the clenup and some parts replacement. It does not rise to felony damage. In addition they left a trail of the paint on the highwy for several miles that I was able to trace to the truck's location. The commonwealth's attorney says there was no unlawful intent to damage so he sees no criminal liability. The way I read Code of Va. 18.2-137 A I feel that he iswrong. What is your opinion?

Asked on 6/28/10, 3:33 am

1 Answer from Attorneys

Michael E. Hendrickson Attorney & Counsellor at Law
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I agree with the commonwealth's attorney. Va. Code Sec. 18.2-137 A would appear to have in mind public memorials and/or monuments rather than private car washes.

I would suggest that your remedy lies with your local small claims court

where you could civilly sue this alleged tortfeasor for up to $5K for your damages.

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6/28/10, 7:04 am

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