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"Am I going down?"

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Fri 03/06/05 at 20:16
Regular
Posts: 18,185
Some may remember a tale I told about a barn.

This barn, after a bit of idiocy from my close friend neal. Got burnt to the ground. In brief, my friend was working in a barn. Stacking a selection of broken chip and pin machines. It was a cold day in January and so he decided to start a fire to keep warm. Using my lighter my friend recklessly started a fire on a stack of boxes and then later, upon request, in a bin, away from danger. As the situation wore on my friend moved the bin nearer to him, which I questioned, the fire flicked from the metal bin and hit a stack of boxes. To cut a long story short, the barn burnt to the ground.

1 month later he is arrested, he tells his arresting officer that it was I that started the fire. So I was arrested. I told the truth, as stated above. 4 months down the line we are both charged with Arson.

I appear in court next week.

I am, as some will known, a Cambridge university student, with a small desire to be a teacher. This offense could see my dreams dashed and my prospects ruined. I have no idea what the minimum sentence is (be it imprisonment or community service), nor do I know EXACTLY what I did wrong.

At the moment my "close friend" still insists it was I that was responsible for the fire.

Help???
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Tue 07/06/05 at 13:50
Regular
Posts: 21,800
Your Honour wrote:

> Stand up, admit you made a mistake were really, really stupid and
> stop passing the buck. Take reponsibility for your actions.

That's the thing, denying all will responsibility will not go in your favour with the judge. Whether you started the fire or not, the fact is you were still there and in the company of the person who did.
Tue 07/06/05 at 13:49
Regular
"twothousandandtits"
Posts: 11,024
Dringo wrote:
> They have to be able to repay it, they cannot charge someone who earns
> £2000 a year like me £50,000 because that would take me 25
> years without eating, drinking or anything. It's not finacially
> possible.

That's not the point. They don't say "well, we can't give this man two life sentences because he hasn't got two lives."

Similarly with the McLibel case I mentioned, they had no means of repaying it. In the end they didn't, and McDonald's didn't persue it (they'd already spent millions on the trial, so it really wasn't an issue to them) but the couple were still ordered by the court to pay the sum. I suppose you're expected to take out some sort of loan in that situation? I don't know.
Tue 07/06/05 at 13:48
Regular
Posts: 21,800
Your Honour wrote:
> What do you actually do in community service?

Depends on what the crime was that you commited really. Obviously if you're violent smackhead they're gonna be far more strict on what kind of work you'll be doing and you'll most definetly need a supervisor on site. But as I was a first time offender and clearly not mentally retarded (much) I helped out at a Multiple Sclerosis center near to my house, just doing gardening and painting and random jobs.

I wasn't actually that bad, I at least got some satisfaction out of the work as it was clearly helping them a lot. Though it was a bit of a biatch working 6 days a week and then having to get up early on a Sunday morning to do community service.
Tue 07/06/05 at 13:45
Regular
Posts: 14,117
It sounds to me you're just being a whingy kid. If you give out all this "I didn't do it, it was him I didn't touch nuffin it was an accident Waaaaaaaaaaaaah!" crap in court then they'll probably find you guilty of being a whingy ponce.

Stand up, admit you made a mistake were really, really stupid and stop passing the buck. Take reponsibility for your actions.

What did you do to try and put the fire out?
Why did you run off?
etc etc

That's the sort of stuff you'll be asked, I should imagine.
Tue 07/06/05 at 13:43
Regular
"Infantalised Forums"
Posts: 23,089
Counter-sue? For burning down a barn with almost £100k damage?
You said yourself you weren't supposed to be there and left before the owner/manager arrived.

I think, joking aside, you'll have to take the consequence of being a silly person and starting a fire.
You can say it was responsible/mature/sensibly distanced etc, but it clearly wasn't because you're looking at fine/community service/jailrape.

Lesson for today - Fire Bad.
Tue 07/06/05 at 13:41
Regular
Posts: 14,117
Dringo wrote:
> Not to mention a fantastic girlfriend who says "If you go down on me
> I'll barricade myself in with you".


Going down is almost an attractive proposition I would have though....
Tue 07/06/05 at 13:39
Regular
Posts: 18,185
150 hours of community service? Ouch.

The issue is not the incident so much but the money destroy, £98,500 it is phenomonal. I had very little to do with the incident and I see it as a major accident and not acts of recklessness. But that might not count for a thing. After all they can simply go to Plan A and go "Did you not think it was slightly stupid to start a fire in a barn full of flammable material"... my response would simply be "I didn't start the fire and I had reason to believe the fire would be situated far away from anything flammable"... which it was, but I fear that is tenuous.

I am terrified, I really don't know what to do and if I am found guilty I can be sued by the insurance company and Neal's boss.

Although if they try anything I'll sue right back with the lack of fire fighting equipment, putting my and neal's life in danger.

I don't just have a fantastic family backing me all the way, but a collection of loyal friends who are behind me every step of the way. Not to mention a fantastic girlfriend who says "If you go down I'll barricade myself in with you".

It's touching, but right now I can't see past the fear. How a small mistake could go someway to destroying my life.
Tue 07/06/05 at 13:36
Regular
Posts: 14,117
What do you actually do in community service?

Servicing the community sound a little like what he'll be doing in prison...
Tue 07/06/05 at 13:31
Regular
Posts: 21,800
Have you even talked to your lawyer about the possible outcome if they find you guilty?

I don't think for a second you'll go down, it's a first time offence. The most you're gonna come out with is a suspended sentence, a fine and some community service. The fact that you're a student and have the possibility of a Cambridge education in front of you will also work in your favour, having a family who are clearly supporting you will help too.

I'd rather not go into details but I did some stupid things in past and came very close to jail. They took into account though that it was a first time offence and I came away with a suspended sentence, a fine and 150 hours of community service.
Tue 07/06/05 at 13:25
Regular
Posts: 18,185
They have to be able to repay it, they cannot charge someone who earns £2000 a year like me £50,000 because that would take me 25 years without eating, drinking or anything. It's not finacially possible.

Besides I'm not being sued for the money, I have been charged with Criminal Damge via arson. The money I am fined or what have you would be a punishment and nothing more.

Sadly after reading the criminal Damage act is it perfectly possible that Life Imprisonment maybe the outcome.
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