How Do I Defend Against an Arson Case?

Arson is defined as the deliberate act of setting fire to property. It is a criminal act and generally a felony. However, some state laws have different degrees of severity. In Colorado, arson is defined using degrees of offense. Additionally, some arson charges in Colorado are classified as misdemeanors. Punishment for arson varies based on the degree of criminal classification and the type and value of the property involved. Contact a Denver arson attorney right away to help you deal with arson charges and construct a defense.

Based on the Colorado Crime Classification Guide, arson and its subsequent degrees of offense are as follows:

• First-degree arson is a class 3 felony. It is defined as someone who uses fire or explosives to knowingly damage or destroy a building or occupied structure owned by someone else.
• Second-degree arson is a class 4 felony. It is defined as someone who uses fire or explosives to knowingly damage or destroy someone else’s unoccupied property valued at $100 or more.
• Third-degree arson is a class 4 felony. It is defined as someone who uses fire or explosives to damage any property to commit fraud intentionally and purposefully.
• Fourth-degree arson is a class 4 felony. It is defined as someone who knowingly or recklessly starts or maintains a fire or causes an explosion on any property that places another in danger or causes injury or death.

Arson has many other degrees and classifications throughout the Colorado Crime Classification Guide. While not all charges are considered felonies, arson in any form or application is a serious crime. Arson charges may result in severe penalties such as prison time, fines, and substantial restitution. Therefore, it is advisable to form a defense and obtain legal help when charged with or suspected of arson in Colorado.

Defending Arson Charges

Hire an Attorney

Hiring a defense attorney is the first step when charged with or suspected of arson. An experienced lawyer can help you build your defense and offer valuable advice throughout the process. When charged with or suspected of arson, you must remain actively involved in gathering evidence and establishing key defense factors.

Fire Investigator

A professional fire investigator can establish the cause of the fire and help determine if the fire was started due to arson. Insurance companies and law enforcement will conduct fire investigations. Therefore, it is imperative to hire your own investigator and compare it with the investigations completed by insurance companies or the state.

Show Lack of Motive & Establish an Alibi

Another critical factor when developing a defense against arson is proving a lack of motive and establishing an alibi. Insurance money is not always a strong motive in every arson case. Also, a provable, reliable alibi will strengthen an arson defense.

Be Able to Prove Who or What Started the Fire

Gathering evidence to prove who or what started the fire is crucial when defending against an arson charge. Witnesses and information discovered by the fire investigators can help establish an alternate theory and provide proof when determining who or what started a fire.

Denver Arson Attorney

Defending against an arson charge is a stressful and emotional process. Establishing a defense is time-sensitive, and it’s critical to begin immediately. If you are being accused of arson in Denver and need the help of arson defense lawyers, The Juba Law Office is here to help. Contact us today online or by calling 303.974.1080.

The post How to Defend Against an Arson Case? appeared first on The Juba Law Office PLLC.

Many people who find themselves in this situation wonder how law enforcement will collect evidence, what counts as evidence, and if their private data is safe from seizure.

If you’re involved in a Colorado case and an arson investigation is in progress, read on to learn more about your private data and whether it can be used as evidence in court.

Can Law Enforcement Access Search History?

In plenty of cases, law enforcement has used an accused person’s internet search history to help collect evidence and build a case.

The news has recently shed light on questionable tactics such as dragnet warrants and cell-site simulators. These methods are used to seize and examine the otherwise private data of individuals who are not suspected of criminal activity.

Some legal professionals have spoken out against these behaviors and debated whether these tactics violate constitutional rights. The public continues to struggle with whether law enforcement should be allowed to seize the internet search history of people who were not otherwise suspected of criminal activity.

If you’re involved in an arson investigation, it’s understandable that you’re concerned about how your search history may be used against you.

Cell-Site Simulators

Google has been fighting dragnet warrants to the best of its ability, but there are other methods law enforcement uses to obtain user data.

One method involves using cell-site simulators to collect evidence during arson investigations. This term defines a device that imitates cell towers and tricks cellular devices into connecting to it. Once connected, the owner of the simulator can collect and comb through the private information of those whom the device tracked.

In some situations, law enforcement collects data from individuals suspected or accused of a crime, but in other cases, officers collect and examine data that belongs to ANY individual in a given area. This type of warrant is called a geofence warrant and is being challenged all over the country.

Arson Investigation and Google

The question is a simple one: “Can law enforcement use Google search results to compile evidence in a criminal case?” To answer simply, yes. At least for the time being, law enforcement can and does use search engine data in arson investigations.

In fact, the Denver Police did just that in response to an arson case that occurred in 2020, and this questionable method of collecting evidence is still being debated in the public sphere.

Should you find yourself involved in an arson investigation, the most important step you can take in protecting yourself is seeking legal counsel.

Reach out to The Juba Law Office as soon as possible to book a consultation with one of our experienced attorneys. We will help you navigate your case and protect your rights to the fullest extent of our abilities.

The post Can Your Google Search Be a Part of the Arson Investigation? appeared first on The Juba Law Office PLLC.