Asked about 1 year ago - Oceanside, CA
Flaghe brought lighter fluid to school and a lighter. He burned toilet paper on the floor of the restroom and left it there. A teacher put the fire out shortly after he set it. He admitted to school officals and the police who recorded his statement. The police told us he is charged but released to us (his parents) and the DA would be contacting us with specific charges. no one was hurt (THANK GOD) and there was "zero damage". I really need to know if we should hire a lawyer and what the worst case or likely case be?
If you can afford to hire a lawyer, you may wish to make an appointment to speak to a lawyer. Many lawyers (myself included, but I am almost certainly too far away to help you) will at least provide some preliminary advice as part of an interview to determine whether your case warrants hiring them.
As for "the worst or likely case," I don't think any attorney should be answering that who isn't actually representing you -- at least as to the part of the question about what is "likely." The facts of any given case, regardless of how well you may have reported them in your question, can vary. Moreover, the result can sometimes vary from courtroom to courtroom -- in other words, unless the person telling you what is "likely" is an attorney who routinely practices in the juvenile courts in your area, they aren't going to be a good source of information on what is "likely," anyway.
The "worst" case usually does not happen, especially if the facts are as you've related them, or even close. So I wouldn't be wanting to focus too much on that, either. TECHNICALLY speaking, arson is a "707(b) offense," meaning that -- again, TECHNICALLY speaking -- such an offense is eligible for a stint in a Division of Juvenile Justice facility. (DJJ used to be referred to, and still is by some people, as "CYA," for "California Youth Authority." CYA, as such, no longer exists, and the proper designation is DJJ.)
I'm stressing the word "technically," though, because DJJ is reserved -- according to the DJJ's own website -- for juvenile offenders with special needs that are not able to be handled at a local facility. Some counties send more kids to DJJ than others, but here is what the DJJ's own website says:
"Most juvenile offenders today are committed to county facilities in their home community where they can be closer to their families and local social services that are vital to rehabilitation.
As a result, DJJ’s population represents less than one percent of the 225,000 youths arrested in California each year, but it is a specialized group with needs that cannot be addressed by county programs."
When you need particularized advice -- as you are seeking in this situation -- your best bet is to contact an attorney and make an appointment to speak to them in their office.
If you cannot afford an attorney, your son will not be unprotected: the juvenile court will appoint an attorney to represent him.
Meanwhile, it would be best if your son did not further discuss his case with anyone other than an attorney (not even you). I say this even though he has already made admissions that will likely have harmed his case; without the advice of counsel, talking further brings no benefit.
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