Legal Question in Criminal Law in Virginia

My friend was in my room with my permisson and i didnt let my dad know he was stoppin by the house to get me a book for school which was the reak reason while he was there and my dad came home and HE ran out the house and my dad lied and told the cops he was an intruder who broke into the house which isn't true.. i gave him permission to be there and my dad allows us to be friends, but when he gets mad enough he says whatever he feels like, and lied countless times.. they raided my room and found my weed and there was 3 sexual videos that look like my friend.. the video is dark and hard to tell ... but My friend was 21 and i was 15 at the time..The didnt take the camera, or the memory card but all the videoes were erased..is there any technology that allows them to get that video in court without the camera or sim card? could they have gotten it on to their computer? Would the police mans word hold in court jus from him seeing the video? Plus the other bad thing is my friend can't afford a lawyer and the 19 grams found in my room were mine and i need to tell someone that so he doesen't get that charge what do you think the outcome will be for him and for us and myself? I'm terrified for us..i don't know what to do


Asked on 4/17/10, 12:48 pm

1 Answer from Attorneys

Jonathon Moseley Moseley & Associates Law Firm

Well, first, if you testify that you gave permission then your friend cannot be convicted of trespassing or being an intruder. Assuming that you want to do the right thing, and it is the truth, you might write out a statement and give it to your friend. This would effectively block any prosecution about those things. Of course I gather that you are a minor still, so your parents have a right to be involved in any such decisions.

Second, I do not see how the marijuana will have anything to do with your friend. It was found in your room. So if any one is charged, you would be charged in juvenile and domestic relations (JDR) court. Yes, one coudl say that he was in your room either putting the weed there or trying to take it out. But there would be absoultely no evidence of it.

Of course that is bad for you. Your possession of the weed can hurt you. However, since you are a juvenile, it won't be as bad as for an adult.

Thrid, I am not sure I completely understand about the sex videos. I gather that on THE CAMERA there were videos of your friend (21 years old) having sex with you (15 years old), but that these videos were nowhere else, only on the camera.

Obviously this would be evidence of an adult (21) having sex with a minor (15) which would be statutory rape, and a very serious charge. Indeed, if there are several videos, this could be multiple counts (events) of it (several times).

That ASSUMES that it is possible to identify on the tapes WHO it is.

Yes, it is entirely possible that they could have copied the videos off of the camera and then erased the tapes from the camera.

It is possible that they could have copies of the videos.

I think it would be unlikely, though. If the police came to your house in response to a call about an intruder, the police woudl NOT come prepared with the equipment to copy videos. Not in response to a routine call about an intruder. I also believe they WOULD take the camera and the memory card with them... at least for a time.

The only things that seem possible to me woudl be (a) your parents used equipment in your home to copy the videos off of the camera, or (b) they took the camera away and then brought it back again.

But it sounds more likely to me that your father simply erased the videos hjimself to make sure nobody saw them.

Still, an adult of 21 having sex with a 15 year old is a very serious crime in Virginia and everywhere. If the two people are only a few years apart most States give them a break. But a difference of 21 years to 15 years is treated very seriously by the law.

Your friend needs a good lawyer. If he cannot afford one, he will be appointed a lawyer by the court. He is potentially in some serious trouble.

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Answered on 4/24/10, 10:18 am


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