Felony Arson

My question involves criminal law for the state of: California

My 28 yr old son did a very stupid thing about 3 weeks ago. He was waiting at the bus stop in one of those coverings, and it was 12:30 am. He had been at a bar. He said he saw a newspaper on the ground and lit it. When it flared up, he came to his sense and stomped it out but a police squad car pulled up and arrested him. They charged him with a felony arson. He went to jail for 4 days before i even heard - and that was from a friend.

We got him out. They set bail at 50,000 at first but lowered it to $1000. He had to go to court a week or so later. He pleaded, NO CONTEST. So he's due to go back to court on March 12.

Of course I am upset, he's my son and has not had any trouble. He has a good job and will probably lose it. His public defender says he could get 60 days in county jail, 3 years probation and fines. After his probation he can get his felony expunged (?)

I guess its the waiting, but I am scared to death. Is there anyone who can reassure me that yes, while I understand he has to pay the consequences for his dumb mistake, how long and how much will he have to pay. He lives in another county and We've heard they have a "throw the book at them" mentality.

I live in another country, 250 miles away. Once he does his jail time, would we be able to transfer his probation in our county so he can go to college? He will no doubt lose his job. which would mean he'll lose his place to live. He can't live on the streets...so i would hope they can transfer him to our county.

I am trying not to ramble - but i am a concerned Mom. Non of my sons have ever had trouble - this is a first for us.

Thanks

Have you read the report? or heard about the case from someone BESIDES your son?

Do you know the specific code section for which he was charged? I suspect the newspaper was not the sole thing in danger of burning.

- Carl

Yes i was there for the hearing with his court appointed attorney. Apparently it was what he told the police when arrested, when asked why he did it, he said he was bored. He did not cause damage to anything except soot to the floor of the bus shack and some paint peeled, so in that case there was minor damage. (as well as the newspaper being burnt) No one else was there. It was 12:30 am.

At first when he heard the charges he pleaded not guilty but when we went to the hearing, he changed it to no contest because he didn't feel right about saying he was not guilty, when he did set the newspaper on fire. He's willing to pay for his consequences, and knows that he will probably get some 60 days or so in county jail. We;'re just concerned they might send him to state prison. The maximum amount of time, per the judge at the hearing was 3 years. They did not say the amount (cost) of the damage. So we just figured it was minor.

He has a clean record.

Ca Penal code 451

Had a clean record...

By the way, for paint to peel, the temperature of the fire has to be in access of what a quick "I lit it on fire and immediately stomped it out" would do.

The fact that a structure was damaged makes some sense of the issue now. I was picturing a small flame on paper on a sidewalk. This is different.

Jail time is doubtful, but registration as an arsonist and probation are very likely. As is restitution for damages.

- Carl

This also illustrates why you should never talk to police or go to court without an attorney.

Might be worth looking in to if a local private lawyer could arrange a better deal.Especially b.c that county is strict.