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MStrisik, Attorney
Category: Legal
Satisfied Customers: 288
Experience:  General practitioner; former litigator.
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My boyfriend is a legal resident of Tx. and is having difficulty

Customer Question

My boyfriend is a legal resident of Tx. and is having difficulty w/ a pending investigation. aniApparently he was put in jail w/o help from a laywaer after taking 15 Zanax. He asked for Psych help w111as refused. As an expert in the leagal field it is my understading that a 51o5 should have been epxedired. Under the circmstances; he was reufused tx. and was convicted of felony arson, after he did not file an insurance claim. He accepted fault, howr, I am unfamailar w/TX law. I am CA law and wondering what what we can do to rectify this situation, there are kids involved and he would like to gain custoday in CA. Any help would be appreciated.
Submitted: 8 years ago.
Category: Legal
Expert:  MStrisik replied 8 years ago.

Hi there,


Arson is a crime of general intent meaning that arson was committed "willfully and maliciously." All that's necessary for an arson charge is proof that the person intentionally started the fire. The criminal intent with arson is intent or purpose to start a fire, even if there's no intent to burn a structure. A fire inspector must then testify in court that he/she also suspected arson, and then an expert witness must be called to support the fire inspector's opinion.


If your boyfriend was under the influence of mind altering substances, you can argue that there was no intent. Given that there was no investigation, the evidence against your boyfriend seems to be circumstantial - and cannot be proven beyond a reasonable doubt.


You might also consider whether he was competent to stand trial.


M. Strisik, Esq.