Legal Question in Civil Rights Law in California

I'm 18 years old, and last Friday I hosted a party in my back yard--essentially advertised as "open-door policy" and welcomed people to bring guests. Tons of people came that I didn't know, and like an idiot, I accepted drinks from them. My house ended up getting broken into and 1000's of dollars worth was stolen from me--among the stolen goods were cash, electronics, my friends credit card (which she canceled), and, the reason I am posting this question to begin with, some xanax, valium, and ritalin for which I did not have a prescription to. After asking around I was able to narrow down a physical description of the thieves, and I now know who brought them. I can interrogate the guys who brought them and can probably get the names of the thieves, or at least some of them. However, from that point I don't know what to do, since I had illegal possession of prescription medication and don't think I can go to the cops. Of course I wouldn't demand the pills back, mostly it's the sentimental, irreplaceable items that were stolen from me that I would want back (one of the cameras was an SLR that my grandpa owned and had given to me), but what kind of legal position does that put me in? Also, would it complicate matters that it occurred at a party where underage drinking was occurring? Honestly, I'm not a bad kid and have absolutely no experience in these matters. It was my first party of that proportion, and it was my naivete that caused me to get taken advantage of. There's no way I think I can bring this matter to justice on my own because I'm seriously a weak little girl--spineless in the face of intimidating, thieving thugs! Help? Additional information: the cops came 3 times during the night (it's not what it seems like). The first time, for parking issues--a large party with numerous party-goers on a small street with limited parking led many idiots to double-park. The second time, one of my friends had called the cops to break up a fight down the street started among people we had KICKED OUT of the party. The third time, they came merely to check up on us and make sure everything was okay. We were not loud enough for them to break up the party, and it seemed they were aware there was underage drinking but didn't seem to care.


Asked on 6/22/10, 1:49 am

1 Answer from Attorneys
Michael Schulte

Okay. Here's the deal. The legal advice part is short. The other part is probably going to be more helpful...

On the legal advice side, you seem to have a REALLY good handle on the issues. You participated in illegal activities (with no victims), and became a victim of opportunists who saw the situation for what it was. You just cannot go to the cops with this. You don't know what you'll get, and, more likely than not, a cop worth his salt would probably sit you on the curb and tell you the following:

You got yourself into a mess of your own making. You got lucky with the drugs, alcohol, open party, etc. You got unlucky with your choice (or non-choice) of guests.

I am impressed with your ability to reason through it. You may have read some of these questions from others. Many are unable to form a thought (no offense meant to anyone having trouble forming a thought). You, on the other hand, are articulate, have acknowledged your own role in the night, and are literally at an impasse as what to do next. So, based on what I absolutely know about you from your ability to impart your situation, I am absolutely certain of absolutely two things: (1) the intimidating theiving thugs will eventually get their day, and (2) you will be fine. You will be fine at 19 when you decide NOT to host a party. You will be fine at 21 when you have the right to have a party, but decide not to. You will be fine at 28 at the office Christmas party when you have to decide whether to drive home after a drink or two. You will be fine at 42 as a parent when your child needs advice on this type of situation. You're a good person. That didn't change just because of a bad decision.

So, on the general advice front, I can tell you, quite equivocally, don't go to the fuzz. On the life advice front - you don't need my advice - you're already doing quite well. On the front of those jerks who took your stuff, it's time to do one of three things:

(1) threaten to have them arrested. I just don't like this idea for you. Guys like that know you're not willing to go down to their level. If you cannot go down to their level, you will not prevail.

or

(2) go to your friend. Tell your friend that what happened is f'd up and that you NEED to get the following important items back (list of important items). Tell them they can keep the drugs, etc., that you'll buy the necessary stuff back for $100. Be prepared to haggle, and to walk away with nothing. Bottom line though, is that those guys are gonna go out and sell it anyways. Might as well sell it to you and then they don't have to fence it or pawn it.

or

(3) Hire a serious bad-a** to get your stuff back. Give him $300 and tell him you don't care how he gets it back, or who gets/keeps the cash (personally, I like this approach).

or

(4) Walk away with a superb lesson learned, knowing that you are not a bad person, you just got instant validation of a bad decision.

Whatever you do, you will be super-fine in life. Write that down. I'm on the record predicting good things for you in your life.

Cheers and good luck.

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Answered on 6/23/10, 11:16 pm


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