• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

what could he face?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

M

Molly72

Guest
I'm in Indiana.

Ok.. here's the story. At 1:45 this morning my 21 yr. old BIL called my house drunk and obviously distressed. He was asking for his younger brother(I live with the older). I knew he had done something for he kept telling me that he was leaving town. Eventually I handed over the phone as his mother was knocking on my door. This brother lives with his mother but had been staying with a "girlfriend" across the street from them. My MIL was crying hysterically saying that the "girlfriends" apartment building was on fire. By this time I got on the phone and confronted my drunk BIL and he admitted to starting the fire. My BIL has been previously admitted into a mental ward and has a history of mental problems in the family including his mother. My SO, his other brother, myself and BIL dad sat down with him last night after this telling him he needed help. We (two brothers and myself) pushed for him to go to "Charter" last night so they could run blood tests on him for we knew he wasn't smart enough to cover his tracks, and of course we were right. His father decided to instead take him to his home so they could "discuss" things. We dropped mom off at home for a few minutes to get somethings and the police showed up at her place. My SO, his brother and mother have all been interegated by the police today and are complying completely. None of us are in way shape or form condoning what he did. However at this moment we are in the process of having him evaluated to be admitted in the hospital and working on getting him a lawyer. We realize that even if he's admitted to the hospital that he will receive jail time also and everyone including him has accepted this. We have told him as long as he does the right thing we will support him 100%. We thank God that no one was hurt in the fire but we have stressed how his selfishness has left many people without a home. At this point no charges have been filed but we figure they can get him for breaking and entering, arson and multiple attemted murder charges. Our question is what are the odds of showing his family and personal mental history to help him get a lighter sentance since he's no longer intoxicated? We are fairly sure pot was involved and possibly other drugs also but we can't fully prove that now. I am against him making a statement to the police before he gets his lawyer for he's in a depressed state right now where he doesn't care what happens to him. I realize this 21 yr old has destroyed most of his life already I just want to see him get help. THANKS IN ADVANCE FOR ANY ADVISE!!
 


M

Molly72

Guest
Just an update. On Wednesday night we took my BIL to a rehab center. He didn't even get there until 10:30 that night and they ran no tests or anything and released him around 3 the next day. On Friday he was arrested while family was looking to find another hospital to admit him in. He's now in jail for arson without bond for 2 weeks then it's $100,000. The question is now what family members can be given immunity? I know I can't get it but can his brothers? They have already given statements to the police but can they be forced to testify against him? They have enough evidence to convict him without their testimony and they prefer not to testify against him.
 

calatty

Senior Member
Only a wife cannot be forced to testify against her husband. Family members are not exempt from testifying against each other. Unfortunately the law in general does not allow for mental illness unless the person is legally insane, which is a very hard standard to meet. The law also does not excuse someone for crimes because they choose to ingest drugs that cause them to violate the law.
 
M

Molly72

Guest
Thank you for your reply. We are not trying to necessarily use the alcohol or drugs as an "excuse" for his actions. We ALL realize that he MUST pay for this. Everyone has said if they are ordered to testify they will testify against him but no one really wants to. We have tried to express to him that we love him and will support him yet we are not going to allow this to go unpunished however we all know that he needs help. His family mental history as well as his OWN mental history should be enough to at least get him evaluated. I would prefer that he spend his time in a hospital where he gets help then go to prison where when he gets out he will be young enough to continue this path of destruction. We don't want him to go to prison and come out worse then he is already. What happens the next time? Does he kill someone? That is why we are trying to get him help now. As I stated before his mother and brothers have all stated that if ordered they would testify they just prefer not to if they don't have to, we believe there is plenty of evidence to convict him without them. Again, I don't want anyone to think that we are trying to find a way to get him out of paying for this. Thank you.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top