Asked 8/16/2016- Austin, TX

My car was recently set on fire in front of my house which has caused for an Arson investigation by the fire department. There is now clear video evidence of said person. If this person chooses to get a lawyer, is it possible for them to evade the Arson charges? What all is needed for a person to actually get charged and arrested for arson in the state of Texas?

Answer

The question has a presupposition that leads to an answer that may not be true. It is up to a Judge or Jury to determine the weight and sufficiency of any evidence, so you and I cannot determine what evidence is “against” a defendant. If the State can obtain enough evidence and present the evidence to a Grand Jury, it would be up to said Grand Jury to hand down an indictment or not. If the indictment is filed, it would be up to the District Attorney to prove the allegations in the indictment beyond a reasonable doubt in order to obtain a conviction. What will happen in a particular case depends on the specific facts. Once the report is filed with the police, you must let them do their job; what happens after that is largely beyond your control