Thank you for asking me “What’s the Deal with Possession of Burglary Tools in FL?”
You don’t have to have lock picks and a bolt cutter to be charged with possession of burglary tools. What is and what is not a “burglary tool” depends upon the facts and circumstances of each unique case.
Even common household items can be classified as burglary tools if they are either possessed or used with the intent to commit a burglary, and, just like with burglary, the intent to use burglary tools can be inferred circumstantially, from the surrounding circumstances.
In order to be convicted of possession of burglary tools the State will have to prove that you 1) Intended to commit either a burglary or a trespass; 2) at the time that you possessed items you intended to use them (or allow them to be used by another) in the commission of a burglary or a trespass; and 3) that you did some overt act toward the commission of a burglary or a trespass.
So if you are found inside of a structure that has a broken window or a kicked in door and you have a bolt cutter, a screwdriver and a vice grip on your person, then you ARE gonna be charged with burglary and possession of burglary tools.
On the other hand, if you are stopped while simply walking down the street and a pat down results in a cop finding the same items (a bolt cutter, a screwdriver and a vice grip) all hidden on your person, absent any proof of a burglary or a trespass you have not committed a crime.
At Michael A. Haber, PA “it’s all about reasonable doubt”!
Please note that no attorney-client relationship with either Michael A. Haber, PA or Michael A. Haber, Esq. exists as a result of your watching this Webisode series. Further any and all information which is both contained in and may be construed from this Webisode series is generic in nature and should only be considered as informational and not as actual legal advise in any specific case. Should you wish to seek actual legal advise then please feel free to contact Michael A. Haber, Esq. as follows:
Office Phone: 305-381-8686
Toll Free Phone: 1-888-SHARK-8-1
Cellular Phone / Text: 305-798-2220
https://criminallaw.miami
E-Mail: [email protected] / [email protected]
Facebook: www.facebook.com/HaberPA
Twitter: @Sharky910
Blog: http://habercriminallaw.blogspot.com/
Miami Criminal Lawyer Attorney Miami Criminal Lawyer Attorney Miami Criminal Lawyer Attorney Miami Criminal Lawyer Attorney Miami Criminal Lawyer Attorney Miami Criminal Lawyer Attorney Miami Criminal Lawyer Attorney Miami Criminal Lawyer Attorney