Believe it nor not, there’s a lot of different items that can be considered burglary tools, but of course, a built-in defense in possession of burglary tools is that the tools could also be used for innocent purposes as well.
So, in addition to having the burglary tools, a lot of times the police are going to need to show some sort of suspicious circumstances surrounding the possession of burglary tools.
I’ve had police arrest people for drug-related offenses then they find what they’re characterizing as burglary tools in the trunk of the car for example. That person is booked for possession of burglary tools under California Penal Code 466, some sort of narcotics-related offense and a lot of times the prosecutors get that case and don’t file the burglary tool possession charge because they realize sometimes that’s very difficult to prove.
Circumstances of the Case Are Critical
If on the other hand, you’re lurking outside a house and it looks like you may be interested in burglarizing the house and you’ve got a crowbar, you’ve got a match, you’ve got a bag, you’ve got some gloves, now we’re talking an argument for burglary tools. So, it really just depends on the circumstances of the case.
Another area where a see possession of burglary tools a lot has to do with burglaries of automobiles. 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 get in there and burglarize the car.
There’s other items that can be possessed related to burglarizing vehicles. So, that’s another area where you’re going to see burglary tools.
So again, when you’re evaluating whether it’s a good possession of burglary tools prosecution as a defense attorney and help your criminal defendant out, you want to make sure that there’s no sort of a defense for it.
Because if there’s a defense you’re going to use it obviously and explain to the prosecutors that these things are possessed innocently. Here’s why the person possessed them. Here’s the reason for it. You don’t really have any evidence prosecutor that the person was going to commit burglary of a store or vehicle.
So, these are the types of things you’re looking at when talking about possession of burglary tools. You’re looking at what would the person potentially burglarize? Once you assess that then you can assess whether it makes sense that the tools themselves are actually being possessed for purposes of some sort of a burglary.
And also, you have to remember, the person might have an innocent reason for possessing the tools or whatever it is they’re possessing. If they can explain that reason and if the circumstances make sense then they would obviously have a very strong argument that they are not possessing burglary tools for purposes of doing anything.
San Fernando Valley Criminal Lawyer
Again, most of the stuff that’s going to be possessed can have an innocent purpose, but if it’s possessed in combination with other tools and it’s possessed for purposes of attempting to do something where it’s clear you’re going to burglarize a house or 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 twenty-five years. We can talk about whether it really is a good possession of burglary tool case or if on the other hand, it’s a simple possession of innocent items.
Categorised in: Burglary