My 21 yr-old Schizophrenic Brother Charged with ARSON

[freeorlife]

What is the name of your state?

Virginia

I'm sorry this is long, but I Need to provide the info.
One week ago, my brother(age 21, who just now turned 22 today)
set a piece of furniture on fire in my parents home, (according to the police report)

It turned into a BIG FIRE, damaging the ENTIRE 1st floor of the house, only the basement is okay.
He told the police that he left a cigarette on the couch, went to sleep, and when
he woke up, flames were everywhere. BUt as the week passed, he told the police that
he tried to start a fire.

Later, my dad told the police that they had an argument. The police started to investigate.
My brother has a bad history with the police and my dad and he is SCHIZOPHRENIC.

The police are assuming that a piece of plastic was found. So they assume
that gasoline was used. He is being locked up in jail, without bond.
I do not know the reason for no bond, is it because they think he is suicidal.

I do not know how the police/fire department found plastic.
The living room has NOTHING left in it but soot, and all smoke damage.

I called my brother's defense (court appointed) lawyer, found out that mid November he will
have a evaluation from a psychiatrist and late November there will be a hearing.
On the phone, I asked to meet the lawyer, he said,
"I do not want to meet right now, until after the "evaluation"

Question) Can I do anything if this lawyer refuses to see me now?
Any recommendations on how to find a lawyer for my brother? I don't know if I can afford
one for him.

I'm paying my taxes for this lawyer too, for court appointed lawyer.

He said he's represented my brother before & the evaluation was found that
my brother was incompetent, but it might be different this time because
my brother has not been taking his medication for his mental illness.

1) What occurs at a hearing? Can I someone get the psychiatric evaluation moved
up to the beginning of November?? Can I somehow REQUEST that the hearing date be
earlier??


2) Any recommendations? My family also did not have full home insurance coverage.
and the insurance have not called them back & insurance may pay nothing because
they may want to say, "he was part of the family & lived there"

It was a tragic accident though. Two incidents (my YOUNG brother and my
family's home)

More importantly, I'm so scared for my brother and the hearing.
Please help. I appreciate it so much and I do not know who to talk to. My mother keeps crying & crying.
I found out the Virginia code is 18.2-77 (arson charge) and 19.2-169.1 (for the mental illness VA code)
but I need to understand them as soon as possible.

 

[freeorlife]

Anyone out there?

Anyone out there? 10 people have viewed, but no responses?
Please help. Thank you.

 

[dequeendistress]

Has your brother ever been committed? Non-Voluntarily?

Is there mental health documentation to prove mental illnes? You mention medication and that he is not taking it.

Is he being held in a general population facility?

As far as you not knowing how the police/fire investigators found plastic...they are trained to determine the cause of fires.

So, is this what happened...

Your father and brother had an arguement and then the brother set the house on fire in retaliation and you wish for an attorney to use mental incompetence as a defense?

If your brother is a danger to himself or others then the court may determine that he needs to be held. But if he is mentally incompetent I do not believe they will hold him in the county lockdown, o-kay?

Has your brother been in front of a judge at all?

As far as the homeowners insurance, I do not think you will find a clause about who lives in the house and refusing payment, but what you may find is refusal in the case of arson.

 

[freeorlife]

I'm sorry this is long.

What do you mean by committed? Yes, my brother has been in a mental hospital more than a few times before. He has a history at a juvenile detention center too.

I'm sorry, I do not know if he's been in front of a judge. Just know that the hearing is late November. and the psych evaluation is mid November. I'd like to know if I can move those dates to be earlier in November.

What is the time frame that I have to find him a different lawyer?
I'm concerned about the amount of time the court appointed lawyer will put into my brother's case, so i do not know if i need to find another lawyer.

If I can afford one. The court appointed lawyer has defended my brother before, and he was found incompetent. The court appointed lawyer doesn't want to meet me until after the pysch evaluation. He's ordered and evaluation.

I wonder if a deal can be made, if he can do community service?
Yes, he's in a general population facility. Supposedly the local psych ward does not have enough beds.

My brother lived in the house but my dad owns the house. It was still an accident. Do we need another lawyer for insurance? and a criminal lawyer?

No one ever wants their house burnt down. It was 2 accidents A) my brother B) the house. Will insurance pay, it's still an accident. What did you mean by " do not think you will find a clause about who lives in the house and refusing payment"

What kind of clause?

My brother could have been trying to put out the fire since his hair was singed when he came out of the house.

He did not run away from the house and try to hide when the police came.

How can I better the situation?

 

[dequeendistress]

by clause in reference to insurance policy clause.

It will not matter who lived in the house it matters how the fire started.

Can a deal be made etc....
Exactly what is the charge your brother is being held on...ARSON...correct?

I do not think community service will be afforded for that crime.

BUT, I am not the judge, nor do I know if he is competent.

I would suggest taking your case to a local attorney and inquiring what his fees would be. I would also inquire why he is being held in jail and not a mental facilty, I do not think it is going to matter if they have room or not, they transport people all the time here to facilities.

Is there more you are not aware of possibly?

In regards to his hair being singed and maybe this or that, does not matter. What matters is what actually happened and if your brother did it with intent and if he is found competenet or not.


You said that he did not run from the police but you also say he provided them with a cig story and then an admission to starting the fire...I don't see the relevance.
One question, do you think that a few less days will make that much difference in his evaluation?

 

[freeorlife]

reply

Thank you for your response.

I do not know if a few less days will affect the situation or evaluation. I just know that my mom is crying a lot that he shouldn't be there. I do not know the reason for no bail either.

I live a few hours ago so can I request a written reason to be faxed to me?
who do i contact?

i think they are awaiting for the psych eval so that then they can determine if it was intent.

but if he has a mental illness history, why would they hold him?

he's been asking me, via collect calls, to get him to a hospital.

 

[calatty]

Just because he has a history of mental illness does not mean he is not criminally responsible. The prisons are full of schizophrenic offenders. The procedure the attorney is following is the appropriate court procedure, a psych evaluation to determine whether he is competent to stand trial. That procedure takes a while, because a meeting with at least one psychiatrists has to be set up, and then the psychiatrist needs time to write up an evaluation. The attorney is not obliged to meet with you, or every taxpayer who wants to meet with him, but only with his client.

 

[freeorlife]

Is there anything I can do to mitigate the situation?

How much time do i have to find a lawyer for my brother
and an insurance lawyer for my dad?

THe court appointed lawyer has already order the psych eval.
does that mean we have to stick with this lawyer?

Also my brother says the court appointed lawyer has not gone to see him. ?????? what to do???

Although he may have lit the piece of furniture & everything got worse, it was still an accident, why won't insurance understand that and the court too, if his hair was singed, he may have been trying to put out the fire.

The STATE is charging him, my dad does not have the heart
to press charges and he doesn't want to see anything happen to his only son. How do we get the state to drop the charges? The state is suing my brother, but my brother has Nothing, how can he be sued?

Thank you for all your help.
~emotionally distressed.

 

[dequeendistress]

There are two sides, in the minimum, to every story.

I understand your emotional distress.

But, the situation could have been much worse.

What if the couch which he set afire with intent, created a fire which became out of control, burned other persons property or even had caused a loss of life.

Arson is a crime.

Your brother has schizophrenia, correct? How do you know that everything he is relaying to you is correct?

How long do you have to get an attorney? If your brother is not satisfied with his attorney then he may be able to change the attorneys or ask the judge for a change of attorney. But as was pointed out the attorneys liablity is with his client, not all the other family members.

Have you contacted any other attorneys regarding the insurance or your brothers case yet? They will be able to answer your questions completely.

Don't get caught up in the what if's and ways out.

 

[freeorlife]

Thank you for responding.
we have never been in this situation.
I'm not sure how to go about finding a criminal/arson/mental illness lawyer Or an insurance lawyer.

I would like to see the past experience of lawyers & their success
rates, but that may take too much time

My family wants him in a hospital, not in jail,
will this type of case have a jury or does 1 judge decide
his fate and future.

 

[dequeendistress]

Judge or Jury...

What is he going to PLEA? Guilty, No contest, innocent???

Contact a defense attorney

Type in attorney in the search bar and list your area or the area you are willing to travel which can practice law in your locality

start there. Or click above were it says

"find prescreened local lawyers...click here"

It appears you are attempting to practice law and feel that you are responsible for an outcome that is acceptable to all...try to relax, like I said are you positive that everything that can be done is not being done already?

 

[I AM ALWAYS LIABLE]

Re: reply

I do not know if a few less days will affect the situation or evaluation. I just know that my mom is crying a lot that he shouldn't be there. I do not know the reason for no bail either.


but if he has a mental illness history, why would they hold him?

=====================================


My response:

I'll begin my response on the premise that your brother is not only a danger to society, but he's a dangerous nutbag.

I guess that's enough to end my premise, and answers all of your questions.

IAAL

 

[HomeGuru]

And I totally agree with the premise as set forth by IAAL.

 

[dequeendistress]

concurred, but I was trying to be nice about it

 

[HomeGuru]

You were nice. Let me tell you Sista, we don't need anymore freakin fires.