Legal Question in Criminal Law in New York

we had a fire. we were not home at the time of the fire. i came home to find my place on fire. the fire started in my child room her bed was burning that is how i was told the fire started. my child left the house early to go to school and after that she was not home until we came to find the place on fire. the marshal is looking at the posibility of the fire being deliver. he is questioning if my 5 year old was the one who may have started it, but she was not home all day and this fire happen at night. he has mention the posibility of refering my child for services in a a juvenile facility. i know she did not do this so my question to you is if it comes to be that the final report say she was the one who started the fire, how can i go about it? i mean what do i need to do that they take her name as being responsible for it. i do not want a record on her when i know that she did not do this. hope i was able to explain a bit. the marshal never went to the house himself. please let me know i want to get information that i know what to do in case i need to avocate for my daughter. thank you


Asked on 11/15/09, 4:07 pm

1 Answer from Attorneys

Stuart Austin Austin Law Associates, PC

This is a question that cannot be answered sufficiently in a few 100 word post. Let me explain some of the general pitfalls and problems. An arson charge or allegation is something that will stay with a child through all stages of her life. Most residential programs will not accept someone with a previous arson charge. Furthermore, A juvenile record is sealed so there are not really problems later in life, but placement of the child into the state facility is a definite possibility. Problems in the placement because of the nature of the charge as well as the fact that CPS will be called in for further evaluation is a consideration. Now, a little about arson investigators. The federal government just published a report stating that the forensic investigators (specifically ballistics, fire and fingerprints) have been giving testimony for years which is not reliable.. The science is not that good. You will need to hire your own arson investigator to give his report. For an interesting ( and extremely disturbing) case see the case of Cameron Todd Willingham. It was written up in the New Yorker magazine and some other places. Briefly, arson investigators said the fire in his house which killed his daughter swas deliberate. He was tried and convicted and executed mostly on their testimony. Recently, iIndependent arson investigators dispute the fact that he started the fire or that it was not accidental. Unfortunately, it's too late for him but it shows along with the federal report, that arson science is not conclusive and is alot of speculation. Be very careful about what an "expert" for the police tells you happened.

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Answered on 11/22/09, 8:10 pm


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