Legal Question in Criminal Law in Virginia
''Arson Victims''
May 16, 2002 we were victims of a housefire. Everything seemed to indicate an a/c window unit malfunctioning. We are dealing with the insurance company, we have spoken with the local fire marshall, as well as the insurance fire investigator.
A few short hours ago, we received a very upsetting, yet revealing, phone call. There are several people in the area who have been alerted to the fact that this fire was most likely an intentional setting by an outsider.
In the morning, we will be making phone calls to all parties involved, but we want legal advice first. Do we have any grounds for either a criminal or civil suit against the individual, should that person be found guilty?
1 Answer from Attorneys
Re: ''Arson Victims''
If the evidence warrants it, you can go to your local police station and swear out a criminal complaint against the alleged wrongdoer. The
magistrate will then decide whether there's
evidence sufficent for probable cause to arrest the alleged miscreant(s).
However, civil action against the accused firesetter should be deferred until after the
criminal charge has been sorted out and, you have had the opportunity to consult with an attorney.
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