Asked 8/3/2016 – Lubbock, TX

There was a fire started in the restroom at my workplace, and I am the main suspect as I was the last person seen on camera in the vicinity. My manager told me the fire was small and limited to the trash can and toilet paper dispenser, with nobody hurt. There were small charred spots on the floor that are gone by now. The bathroom was reopened later that night.

I was questioned by a fire marshal and my phone was taken as possible evidence on a warrant, probably because I did not consent to a search initially. I was told I will be charged with arson if evidence shows I started the fire. It has been over a month since; I still haven’t gotten my phone back. Today, my father (who tends to make things up) claimed he spoke to the fire marshal and they are going to charge me with arson, but I haven’t gotten any word myself, and previously they refused to speak to anyone in the household but me about the case.

Would this be criminal mischief, since it wasn’t a building, habitation or vehicle that was burned, but small, cheap property and nobody was hurt? How can I handle an overcharge and stay out of jail? I am 17, with no criminal record, and I can’t afford a lawyer.

Answer

The particular criminal charges you are potentially facing will be decided by the District Attorney. Stay off all social media regarding this issue; this posting alone can be considered incriminating. Make no statements to anyone about what happened except your attorney. If you cannot afford an attorney, one will be appointed to represent you, but unfortunately, that would be after you are indicted and arrested. What can you do to stay out of jail? Commit no criminal acts. What’s done is done. You did what you did and said what you said. After that, your fate will be determined by the legal system.