A College Party

[ScaredSally]

What is the name of your state (only U.S. law)? Michigan

Am I looking at possible Felony charges? To sum the event up: 8 arrests, 7 disorderly conduct violations, 2 disturbing the peace violations and 1 person in the ICU.

My roommates threw a party this weekend while I was home. Needless to say, the party got severely out of control. SWAT was brought in and college students were arrested. My concerns lie with the guy in the hospital. He jumped from our 2nd story window into a gravel well face first. He is now in the hospital. My roommates do not seemed concerned, but if he dies because of this, could my roommates and I face charges?

 

[justalayman]

, but if he dies because of this, could my roommates and I face charges?

possibly. You really don't give a lot of information to be able to make a determination though.

Is this a rental property and you are a co-tenant? What was your involvement in the party? For some reason, I suspect given the problems of the party, having somebody believe you were tucked away in your room working on school work and not being involved with the party is not going to be believed.

who provided the alcohol? Was this just an idiot that got drunk and did something really stupid?

If there is any civil suit, it is likely you will be listed as a defendant. As to criminal charges, it will depend on what part any of you or your roommates played in situation.

 

[ScaredSally]

This is a rental property and I am a co-tenant. My lease is signed with 3 other girls. Again, I was not at the party I was home visiting family. I have receipts from my travels, witnesses for home and a police report stating I was not at my rental this weekend. My roommate threw the party for one of her friends, but it was still at our property.

Most of the people at the party were underage. I too am not 21. I'm not sure who would have provided the alcohol, most people had their drinks prior to arrival. He was running from the police. Later we found out, he had a felony warrant...I would assume this is why he was trying to run.

My roommates ended up in jail with disturbing the peace violations and only one was charged with a minor in possession. The other one was drinking but said she was cooperating with the police well enough to not get an MIP.

Is there something I can do, to not be a defendant in a civil suit? The police recognize that I was not involved in any way. But do I need to do something through the court system to prove that?

 

[antrc170]

You will mostly likely be named as a co-defendant in any civil suit filed. I would suggest hiring an attorney at that point and presenting them the evidence showing that you are not the responsible party which will get you dropped from the suit.

 

[ScaredSally]

Should I just wait until a suit is filed to do anything? Or should I be contacting an attorney now to make sure I'm not involved?

Clearly, I'm upset and nervous about the situation. My roommate has little concern about a civil suit and the kid in the hospital. Do you think I'm over reacting? What are the chances of a suit being filed?

 

[antrc170]

No one can really ascertain that chances of a suit being filed. I would guess that the chances are low if the person injured was a convicted felon fleeing the police, but that is only a guess.

I would advise that you take a deep breath and relax. There is nothing that you can do to preempt being named in a suit. Just keep all of your reciepts, witness contact info, etc in a file somewhere safe. It is common for the plaintiff to name everybody even remotely connected to an incident as defendants so I would surmise that all the tenants plus the landlord would be named in a possible suit. If you have the records to show that you are not responsible then it is simple to fix.

If a suit is filed you'll need a lawyer then, and it may cause some headaches going to court to get removed, etc but it is not the end of the world.

 

[justalayman]

ScaredSally;2787058]
Is there something I can do, to not be a defendant in a civil suit?

there is nothing you can do to prevent that.

The police recognize that I was not involved in any way.

they deal with criminal law. It would be unlikely you have any concerns about criminal issues (can't say that for your friends that threw the party though)

But do I need to do something through the court system to prove that?[

there really is nothing you can do other than keep your mouth closed. You, and especially your roommates, should not be talking to anybody about this (including each other) with the exception of possibly a lawyer.

Your friends have a lot more to worry about here as they could be implicated in a criminal issue. You would likely only have to deal with a civil issue and that is mainly because you are a joint tenant. Depending on what you knew about the situation, there could be some issue of liability on your part. Not real likely but not impossible.

 

[ScaredSally]

Thank you for the help.

Is there something I can do about my roommate? I'm in a lease with her for another month and I don't want to live with her anymore. Is there anything I can do to have her removed from my house because of this?

 

[justalayman]

Is there anything I can do to have her removed from my house because of this?

Your house? You said you were co-tenants. If so, it's "our" (as in you and the co-tenants) house, not "your" house.

If it is co-tenants, you have no right to evict the other party. In all reality, you couldn't really do anything in the one month anyway. Even if you did have a right to evict, it would take at least that long to do it anyway.

 

[antrc170]

Thank you for the help.

Is there something I can do about my roommate? I'm in a lease with her for another month and I don't want to live with her anymore. Is there anything I can do to have her removed from my house because of this?

You can contact the landlord and explain what happened. Your roommate may have violated some part of her lease that the landlord can start the eviciton process, but you can't. Depending on the time frame an eviciton process can take anywhere from 30 - 60 days so if there is only a month left o nthe lease it would be easier to just let is expire.

 

[justalayman]

I'm being snippy?

I'll tell you what;

even if I was, so fricken what?

In actuality, I wasn't. I was pointing out the inconsitancy in your statements and as it turns out, claiming it was your (as in singular) house was inaccurate. All I was doing was trying to define the difference to you but if you have a problem with that, enjoy your roommate. I'm out of here on this one.

OP had posted this but removed it. She has since sent it to me via PM (just so you folks didn't think I was crazy)\

A Clear Statement

Listen, you're being rather snippy and I do not appreciate it with this situation. I have never been in a situation like this and I'm just trying to learn more about what I can and cannot do. Yes it it "OUR" house, you do not need to clarify that to me.

 

[Antigone*]

Thank you for the help.

Is there something I can do about my roommate? I'm in a lease with her for another month and I don't want to live with her anymore. Is there anything I can do to have her removed from my house because of this?

I suggest you take the financials hit, give your notice, pay your months rent and live somewhere else for the month. You don't need to be in that kind of environment.

 

[ScaredSally]

But if she causes additional damages could I still be liable?

 

[CraZyLaW]

I'm being snippy?

In actuality, I wasn't. I was pointing out the inconsitancy in your statements and as it turns out, claiming it was your (as in singular) house was inaccurate. All I was doing was trying to define the difference to you but if you have a problem with that, enjoy your roommate. I'm out of here on this one.

One could read your statements as being overwhelming. You correct the statements she makes in the thread often.

Sally relax justalayman was trying to help, it is important to stay consistant.

Moving on. If your lease is joint leaving early will not help. You and your co-tenants would still be liable for current and future damages (until your lease ends).

 

[ScaredSally]

Again, thank you. I suppose my next roommates will be chosen more carefully.