What should I do if the fire marshal asks me to come in for an interview?

Politely decline until you speak with a Rhode Island arson lawyer . The fire marshal's office is law enforcement. Any interview they schedule - whether called "voluntary," "informal," or "just a few questions" - is a criminal investigation, and everything you say goes in a report that the prosecutor will read. Many arson cases are built entirely around the target's own statements. Even innocent, accurate statements can sound guilty when quoted back to a jury without context. Even admitting to minor things - "I was smoking on the porch that night" or "I had a candle going" - can be spun into negligent-plus-something conduct that prosecutors try to pass off as intent. Do not lie, do not flee, do not destroy anything. Just decline politely, get your lawyer's name and number to the investigator, and let the lawyer handle the communication. Bank & Munns takes over that communication immediately on every case.

How do I fight a cause-and-origin report I disagree with?

Cause-and-origin (C&O) reports are opinions, not facts. They can be challenged, and they often are. A modern defense to an arson C&O starts by testing the report against NFPA 921, the national standard for fire investigation. We look for outdated indicators ("alligatoring," "crazed glass," low burn patterns read as pour patterns, V-patterns read without ventilation analysis), gaps in ventilation analysis, failures to rule out electrical and smoking-materials causes, chain-of-custody issues on debris samples, and lab calibration problems. We then retain our own certified fire investigator - often a retired state fire marshal or a CFI - to reexamine the scene, the photographs, and the samples and write a rebuttal report. At trial, the jury hears both experts, and in a well-prepared defense, the state's expert often cannot survive cross-examination on the science. Bank & Munns has built arson defenses around C&O challenges many times.

Can federal prosecutors charge me with arson in Rhode Island?

Yes, in certain situations. The federal arson statute, 18 U.S.C. § 844, criminalizes fires involving property used in interstate or foreign commerce or used in an activity affecting interstate commerce. In practice, this reaches rental properties, commercial buildings, restaurants, retail stores, warehouses, any business that ships or receives across state lines, and federal property. ATF frequently investigates these fires alongside the Rhode Island State Fire Marshal. Federal arson charges carry serious mandatory minimums - five years for arson alone, longer if injury or death results. Federal cases move in U.S. District Court in Providence, not state Superior Court, and federal sentencing guidelines drive the outcome more than state sentencing ranges. If ATF has contacted you or served a federal subpoena, you need a Rhode Island arson lawyer with federal court experience immediately - do not treat a federal investigation the same as a state one.

What is insurance arson and how is it prosecuted?

"Insurance arson" is the informal term for a fire allegedly set by the owner of insured property to collect on a policy. In Rhode Island these cases are aggressively prosecuted by both the Attorney General's office and, in some cases, federal prosecutors. Evidence typically includes financial records showing the owner was in trouble, policy records showing recent changes or increases in coverage, scene evidence suggesting multiple points of origin or accelerants, and witness statements from neighbors, tenants, family, or employees. Insurance-company Special Investigations Units (SIUs) partner directly with the state fire marshal and feed their findings into the criminal investigation. If convicted, you face the arson penalties plus stacked insurance-fraud felonies plus full restitution to the insurer. These are winnable cases with the right defense - we have successfully attacked insurance-fire allegations by exposing alternate causes, challenging junk-science fire opinions, and showing innocent explanations for the financial "motive."

Can I be charged with arson if the fire was an accident?

No. Rhode Island arson requires the state to prove that you willfully and maliciously caused the fire. Willfulness is the legal heart of every arson case. Accidental fires - a grease fire, a dropped cigarette, a knocked-over candle, an unattended stove, a faulty appliance, an electrical short - are not arson, even when they cause massive damage or even deaths. Negligent conduct, careless conduct, or reckless conduct alone is not enough. That said, prosecutors and fire marshals sometimes reinterpret accidents as intentional acts based on circumstantial red flags like financial stress, insurance policy timing, or suspicious witness statements. If you believe the fire was accidental, do not try to argue it yourself with investigators - every word you give them can be twisted. Call a Rhode Island arson lawyer and let the defense investigation do the talking through an independent fire expert and a motion practice that forces the state to prove intent beyond a reasonable doubt.

What is the difference between 1st, 2nd, and 3rd degree arson in Rhode Island?

Rhode Island grades arson by what was burned and who was inside. First degree arson covers fires set to occupied dwellings, occupied buildings, places of worship, public buildings, and certain vessels - any structure where people were present or likely to be present. This is the most serious arson charge. Second degree arson applies to unoccupied dwellings and unoccupied buildings where no person was present and no person was likely to be inside at the time. Many insurance-motivated house fires land here because the home was intentionally emptied. Third degree arson covers other property - motor vehicles, boats, equipment, sheds, the property of another person - and is the least severe of the three. All three are felonies. The degree drives both the maximum sentence and the plea leverage your Rhode Island arson lawyer will have in negotiations with the Attorney General's office.

FAQs Archive - Page 29 of 55

What should I do if the fire marshal asks me to come in for an interview?
April 21st, 2026· Arson·
Politely decline until you speak with a Rhode Island arson lawyer. The fire marshal's office is law enforcement. Any interview they schedule - whether called "voluntary," "informal," [...]
How do I fight a cause-and-origin report I disagree with?
April 21st, 2026· Arson·
Cause-and-origin (C&O) reports are opinions, not facts. They can be challenged, and they often are. A modern defense to an arson C&O starts by testing the report [...]
Can federal prosecutors charge me with arson in Rhode Island?
April 21st, 2026· Arson·
Yes, in certain situations. The federal arson statute, 18 U.S.C. § 844, criminalizes fires involving property used in interstate or foreign commerce or used in an activity [...]
What is insurance arson and how is it prosecuted?
April 21st, 2026· Arson·
"Insurance arson" is the informal term for a fire allegedly set by the owner of insured property to collect on a policy. In Rhode Island these cases [...]
Can I be charged with arson if the fire was an accident?
April 21st, 2026· Arson·
No. Rhode Island arson requires the state to prove that you willfully and maliciously caused the fire. Willfulness is the legal heart of every arson case. Accidental [...]
What is the difference between 1st, 2nd, and 3rd degree arson in Rhode Island?
April 21st, 2026· Arson·
Rhode Island grades arson by what was burned and who was inside. First degree arson covers fires set to occupied dwellings, occupied buildings, places of worship, public [...]

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FAQs

What should I do if the fire marshal asks me to come in for an interview?

How do I fight a cause-and-origin report I disagree with?

Can federal prosecutors charge me with arson in Rhode Island?

What is insurance arson and how is it prosecuted?

Can I be charged with arson if the fire was an accident?

What is the difference between 1st, 2nd, and 3rd degree arson in Rhode Island?

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