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HelpSought

Junior Member
What is the name of your state? West Virginia


I've been accused of lighting a couch on fire in the state of West Virginia which is considered a 4th degree arson charge.

I have a couple questions:

First off, I've never been arrested in my life and have done over 200 hours of voluntary community service in the past year alone. The date of the incident was the anniversary of my father's death, and the situation that took place was one completely out of character. Ever since my father's death, my family has been extremely broke and I cannot afford to pay for a lawyer.

The public defender that was appointed for me has not returned any of my calls (I'm guessing hes on vacation) and my pre-trial hearing is coming up on the 29th of December.

So here are my questions:

1) I'm a senior in college with one semester left and absolutely cannot afford to have a felony on my record. I've lived a good life and always steered clear of trouble...how can I setup a plea bargain to get this dropped at least to some sort of misdemeanor?

2) If my lawyer never gets back to me and does not show up for the pre-trial, is there some sort of grounds for dismissal since this is a publically appointed defender?

3) Any other advice would be greatly appreciated...Unfortunately I am a beyond broke college student and cannot afford to pay for a pricey lawyer, so that is more or less, out of the question.


Thanks so much everybody, happy holidays.
 


moburkes

Senior Member
You said that you've been accused, but never said that you didn't do it.
Your lawyer WILL show up for court. Believe that one. Don't expect for this to simply be dropped.
Sorry about the passing of your father.
 

HelpSought

Junior Member
I appreciate the response but I'm not sure how that helps me in any way...help is the only reason I posted.


Oh, and for the record...I didn't do it, I was at the wrong place at the wrong time and don't want to even risk having something like this on my record, which is why I'd rather just plea it down.
 
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HelpSought

Junior Member
I had a role in what happened, but I wasn't the one who started the fire...but I should have put it out. So how thats viewed in the eye of the law, I am not sure.

So does by what you're telling me mean that if I'm going to setup a plea bargain, I need to do so before the pre-trial?

The situation that took place was out of character and something I should not have had a role in. I can't even sleep at night knowing that my entire life could be over because of some ridiculous crap.


The couch was lit on fire in the outdoors and nothing else was damaged, it was a dumpster that was being thrown away by somebody else already.
 

CdwJava

Senior Member
HelpSought said:
1) I'm a senior in college with one semester left and absolutely cannot afford to have a felony on my record. I've lived a good life and always steered clear of trouble...how can I setup a plea bargain to get this dropped at least to some sort of misdemeanor?
You can't ... your attorney can try. Whether the DA will consider a plea to a lesser offense will depend on all the details, and whether WV law permits a misdemeanor filing for arson or a related charge. Perhaps your attorney can consider a plea to vandalism?

2) If my lawyer never gets back to me and does not show up for the pre-trial, is there some sort of grounds for dismissal since this is a publically appointed defender?
No.

3) Any other advice would be greatly appreciated...Unfortunately I am a beyond broke college student and cannot afford to pay for a pricey lawyer, so that is more or less, out of the question.
Consult your appointed attorney and follow his advice.

Whether you lit it on fire or not may not matter under whatever section you have been charged. As long as you had a role in it, you can likely be charged ... which, you were.


- Carl
 

HelpSought

Junior Member
Thanks for a truly helpful post Java.....


I guess what I'll end up doing is simply trying to get something done with the appointed lawyer while building a case for myself, and if looks like things might not be working out in my favor then exhausting all my resources to save money for a true lawyer.



Its in God's hands now, and knowing that I've lived a good life I have to honestly believe that in the end everything will work out and turn out the way it does for a reason.


Thanks everybody, anymore advice is welcome
 

HelpSought

Junior Member
Something that none of you mentioned that I've found after looking around are diversion programs for people that have never been in trouble before.


I have my pre-trial tomorrow where I plan to ask for a continuance since my public defender has not returned any of my calls, which will give me a few more weeks to get things figured out.


Few questions:

1) Do I set up a diversion with the magistrate or with the prosecuting attorney?

2) How do I go about asking for the pre-trial to be delayed?

3) Is the pre-trial where I enter my not-guilty plea, or is that subsequent to the pre-trial?
 

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