If you've been arrested for possession of burglary tools in Florida, you may face serious felony criminal charges. It is unlawful for any person to possess any lock pick, skeleton key or key to be used with a bit or bits, sledge hammer, pry bar, dynamite, blasting caps, or any other burglary instrument or instruments commonly used by burglars, unless the individual possesses these items for a legal purpose. Often, when someone is arrested for a burglary in Northeast Florida, the Jacksonville Sheriff's Office, the Clay County Sheriff's Office, or St. John's County Sheriff's Office will also charge possession of burglary tools if any object that is believed to have aided in the burglary was used and found on the person.
A person may also get arrested with such a crime if he or she has silver utensils, flashlights, gloves or masks at the time of arrest for burglary. However, it is difficult for a prosecutor to prove that the item was used in a burglary, or even that there was intent to use the item in a burglary. Therefore, it is important to contact an experienced criminal defense attorney. We stay up-to-date in Florida's criminal case law, so we are well aware that there are numerous cases that limit the ability of the State of Florida to prosecute. Often, prosecutors who do file these charges have little experience with these laws.
At Arnold Law Firm, we often use our experience to educate the prosecutors on current laws. We practice not just the science of lawyering but the art of being a lawyer. We don't just tell, but make the prosecutor, judge or jury feel and experience the client's story.
Below is Florida's Possession of Burglary Tools statute.
FLORIDA'S POSSESSION OF BURGLARY TOOLS LAWS
810.06 Possession of burglary tools.
Whoever has in his or her possession any tool, machine, or implement with intent to use the same, or allow the same to be used, to commit any burglary or trespass shall be guilty of a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
History.--s. 30, sub-ch. 4, ch. 1637, 1868; RS 2439; GS 3286; RGS 5120; CGL 7221; s. 804, ch. 71-136; s. 32, ch. 74-383; s. 22, ch. 75-298; s. 1232, ch. 97-102.