Believe it or not, the law on burglary tools is complex and nuanced. There are numerous items that can be considered burglary tools, but they could also be used for innocent purposes. This built-in defense underscores the need for professional guidance, as the police must also demonstrate suspicious circumstances surrounding their possession.

I've had police arrest people for drug-related offenses; then they find what they're characterizing as burglary tools in the car's trunk, for example.  That person is booked for possession of burglary tools under California Penal Code 466 and some narcotics-related offenses, and a lot of times, the prosecutors get that case. They don't file the burglary tool possession charge because they realize sometimes that's very difficult to prove.

If, on the other hand, you're lurking outside a house and it appears you may be interested in burglarizing the home, and you've a crowbar, a match, a bag, and some gloves, now we're talking about an argument for burglary tools. Therefore, it depends on the specific circumstances of the case. Our Los Angeles criminal defense lawyers will review it in more detail below.

Another area where possession of burglary tools is a concern is in relation to automobile burglaries. Some people will possess spark plugs, for example, and they just touch the window of a vehicle with the spark plug. It will shatter the window, and they can then burglarize the car.

Other items may be related to vehicle burglary.  So, that's another area where you'll see burglary tools. So, again, when evaluating whether it's a good possession of burglary tools prosecution as a defense attorney and helping your criminal defendant, you want to ensure that there is no defense for it.

As a defense attorney, your role is to present a strong defense for your client. Because if there's a defense, you're going to use it obviously and explain to the prosecutors that these things were possessed innocently.  Here's why the person kept them.  Here's the reason for it.  You don't have any evidence, prosecutor, that the person would commit a burglary of a store or vehicle. Your job is to ensure that the prosecution cannot prove beyond a reasonable doubt that your client intended to use the items for burglary.

The Circumstances of the Case Are Critical.

So, these are the types of things you're looking at when talking about possession of burglary tools.  You're looking at what the person could potentially burglarize.  Once you assess that, you can determine whether it makes sense that the devices themselves are being possessed for some sort of burglary. This assessment involves a thorough review of the circumstances, the items in question, and the individual's intent.

It's important to remember that the person may have a legitimate reason for possessing the tools or whatever they're keeping. If they can explain that reason and the circumstances make sense, they would strongly argue that they do not possess burglary tools for any purpose. This reassures individuals of their rights and the potential for innocent possession.

Again, most of the items that are going to be possessed can have a clear purpose. Still, if it's owned in combination with other tools, it's included to attempt to do something where it's clear you're going to burglarize a house, a car, or a store; then obviously, you're not going to be able to get away with that.

So, come and sit down with someone like me who's been doing it for twenty-five years.  We can discuss whether it constitutes a good possession of a burglary tool case or if, on the other hand, it's simply possession of innocent items. Your case deserves professional advice and I'm here to provide it.