Legal Question in Criminal Law in New York

Victim of Arson needs legal advice

On 12/24/05 my home was set on fire by my brother in law.We went through the grand jury hearing,were waiting for a trial date.Our home was released as a crime scene back to us the day of the fire.Now the defence attorney wants access to our property,which we gave under the agreement with the DA that it would be the defense atty,Arson investigator and the DA present the entire time that they were at our home.The DA never showed up,the arson investigator that did come had nothing to do with our case and the lawyer who came had three other people with him who according to him werent on his payroll.They forced my husband to stay outside while they entered into our home and then when they began to bring in shovels my husband asked them to leave.Now were told that they have the right to speak to my 13 year old daughter who is a witness to this crime and that they have the right to come back to our home as they need to.They have also began to harass my neighbors who have nothing to do with this case! We would like to rebuild our home as right now were pretty much homeless!!! The DA dosent seem to care what happens with this case,the defense attorneys seem to have all the rights and it feels like we have no rights at all!


Asked on 4/15/06, 2:53 pm

1 Answer from Attorneys
Donald G. Rehkopf, Jr. Brenna, Brenna & Boyce, PLLC

Re: Victim of Arson needs legal advice

This is a very complicated issue, and one that is very fact specific. The "easiest" way to resolve all of this and to find out who is or is not doing what, is for you to have your own lawyer. I realize that this will cost you some money, which is not what you wanted to hear here. But, remember that the DA is NOT your lawyer, but it is your house. Have you settled with the insurance company yet, as that is another issue. If you had a lawyer that helped you with that, then I suggest that you contact him/her to see if they will also help you out here.

It does not appear that you know whether or not the Judge gave any kind of "Order" to the Defense to allow them to inspect. If the Judge did, you do NOT want to violate an order, as you could be held in contempt of court. If there is an "open-ended" order, your lawyer could get a deadline set so you can begin your repair and rebuilding.

Unless the Judge signed an Order allowing them the right to be in your house without you there [which is VERY doubtful by the way] - and ask to see a copy of the Order if they show up again], you have a right to be present at ALL times, as it is your house afterall and you are not charged with any crime.

The Defense has the right to interview all potential witnesses outside of the presence of the DA. But, since your daughter is a minor, you have the right to be present while they talk to her - again, this is something that your lawyer could arrange, perhaps in his/her office.

I hope this helps. If you have any other questions, please email me a [email protected] and I will try and respond to them. Good luck.

Don Rehkopf

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Answered on 4/15/06, 3:46 pm


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