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Home  >  Theft Crimes  >  Possession of Burglarious Tools

Cape Cod Possession of Burglarious Tools Lawyers

If you have been arrested for an alleged possession burglarious instruments crime in the greater Cape Cod area, be sure that you act quickly to retain legal counsel. Contact James Powderly as soon as possible. We can help you fight these serious allegations and help you get the charges against you reduced or dropped altogether.

It can be far easier for a person to be charged with possession of burglarious tools than it is to convict them. Possession burglarious instruments is what is considered a mens rea offense, with mens rea being short for the Latin phrase “actus reus non facit reum nisi mens sit rea,” which means “the act is not culpable unless the mind is guilty,” and proving criminal intent is incredibly difficult for any prosecutor.

Our firm will fight for your rights, your freedom, and your livelihood. Call (508) 343-0676 or contact us online to schedule a confidential consultation.

Burglarious Tools: What Are The Laws?

Section 49 of Chapter 266 in Title I and Part IV of the Massachusetts General Laws is dedicated to the making, possession, and use of burglarious instruments. Burglarious instruments or tools are not necessarily defined or limited to a certain group of objects or items.

As the Appeals Court of Massachusetts in Essex stated in Commonwealth v. Dellinger, 10 Mass. App. Ct. 549 (1980), S.C., 383 Mass. 780 (1981), “A burglarious intention can doubtless be inferred from mere possession of tools uniquely or very highly adapted to burglarious purposes …. but an intention to use ordinary tools for unlawful purposes must appear clearly from the circumstances in which they are found.” In Commonwealth v. Squires, 476 Mass. 703, the Supreme Judicial Court of Massachusetts in Norfolk ruled that the evidence of two defendants’ suspicious conduct (walking on railroad tracks late at night in freezing weather and possessing a map not connected to any particular or nearby area), without additional evidence, was not enough to prove an intent to use the tools in their possession (a long screwdriver or pry bar, a crowbar, and work tools suitable for breaking into a building) for burglarious purposes.

Do I Need A Possession of Burglarious Tools Lawyer?

You are going to want to make sure that you have legal representation for dealing with any prosecutor because an attorney is going to be able to review a prosecutor’s evidence and determine the best possible defense. You do not want to be trying to negotiate your own plea deal, as prosecutors are rarely willing to offer people representing themselves much of a deal.

A lawyer is going to be able to challenge what the state is arguing was a burglarious instrument. Furthermore, the attorney will know how to make it more difficult to prove that you had criminal intent.

You should not voluntarily provide any statement to law enforcement without legal representation, regardless of how confident you are in your innocence. Even an honest misstatement can still lead to possible criminal liability.

Try not to say anything to police officers until you have an attorney. Your lawyer can advise you on the best responses to give to the questions you are asked.

Why Choose James Powderly To Handle My Case?

James Powderly was named one of the Top 40 Under 40 by the National Trial Lawyers. He was also named one of Massachusetts’ “Ten Best” by the American Institute of Criminal Defense Attorneys.

Mr. Powderly has more than a decade of legal experience and has tried nearly 100 cases to verdict throughout the district and superior courts. He has successfully defended more than 1,000 clients charged with various crimes.

The National Association of Distinguished Counsel named Mr. Powderly one of the Nation’s Top 1%. He was also named a Massachusetts Rising Star from 2013 through 2015 by Superlawyers Magazine.

Mr. Powderly has also been named one of Massachusetts’ “Ten Best” by the American Institute of Criminal Defense Attorneys. He is a Board Member of the Bristol County Bar Advocates and member of the National Association of Criminal Defense Attorneys and Massachusetts Association of Criminal Defense Attorneys.

Types of Possession of Burglarious Tools Cases We Handle

Burglarious instruments can include everything from screwdrivers to kitchen knives to simple gloves. The alleged tools will always depend on the case, but Massachusetts Model Jury Instruction 8.180 establishes that the prosecutor must prove all five of the following things beyond a reasonable doubt (the highest burden of proof):

  • The alleged offender knowingly possessed a tool or implement
  • The tool or implement could reasonably be used to break into a building, room, vault, safe, or another place for storing valuables
  • The alleged offender knew that the tool or implement could reasonably be used for that purpose
  • The alleged offender intended to use the tool or implement for that purpose
  • The alleged offender had the specific intention of stealing from an alleged victim or committing a crime in the location

Possession of burglarious tools and breaking and entering are separate offenses. Neither is a lesser included offense of the other.

Many possession of burglarious tools charges are filed in connection to underlying armed burglary or unarmed burglary crimes. Some people can be charged with this crime, however, as the result of certain searches conducted in some areas.

Contact a Cape Cod Possession of Burglarious Tools Defense Attorney Today

Possession of burglarious instruments can be a frightening crime to be charged with because a conviction carries the possibility of a sentence to as many as 10 years in state prison or two and a half years in jail and a fine of up to $1,000. Convictions can also lead to damaging criminal records that create significant hardships when it comes to applications for employment, housing, or professional licensing.

Were you arrested for an alleged possession burglarious instruments offense in Cape Cod or a surrounding area of Massachusetts? You are going to want to speak to a lawyer before you speak to the police.

James Powderly represents both residents of and visitors to Cape Cod. We can review your case and discuss all of your legal options as soon as you call (508) 343-0676 or contact us online to receive a free consultation.