Possession of Burglarious Tools

Possession of Burglarious Tools is a felony in Massachusetts with a maximum punishment of 10 years in state prison. Possession of Burglarious Tools has 5 separate and distinct elements that must be proven beyond a reasonable doubt. M.G.L. ch. 266, sec. 49 tells us that the prosecutor must prove:

  1. the defendant knowingly possessed a specific tool or instrument;
  2. That such tool or instrument could reasonably be used to break into a (building) (room) (vault or safe) (place for keeping valuables);

  3. That the defendant knew that the tool or instrument could reasonably be used for that purpose;

  4. That the defendant intended to use the tool or instrument for that purpose; and

  5. That the defendant had the specific intention of (stealing from) or (committing a crime in) that place.

What are Burglarious Instruments?

A tool or instrument used for the purpose of breaking into someplace could be anything, even everyday items. A crowbar, a screwdriver, power drill, even a kitchen knife - practically any item that has a lawful purpose can be used to commit a burglary.

The real question is what was the intended use of the tool or instrument? Obviously there is nothing illegal with simply possessing a screw driver or kitchen knife, but to possess these items AND intend to use the item for an illegal purpose is what makes an ordinary household item into a burglarious tool.

The intent of the defendant is the hardest element for the prosecution to prove. Possessing the item by itself is not indicative of any illegal intent, so the police and prosecutors usually must rely on some admission that the person intended to use the tool or instrument to break in someplace.

Free Consultation on any Burglarious Tools Case

Due to the difficulty in proving the case, Possession of burglarious tools is a case you want to fight, and a competent trial attorney is what you will need. The attorneys at Equitas Law, LLP are accomplished litigators who can take your case all the way through trial. If you are facing a charge of possession of burglarious tools, we can help.

If you would like to speak about your case and get an expert opinion, please call or text us at any time at 617-723-4163, email at inquiry@equitas.law or use our contact form, above.  We will listen to the facts of your case, address your concerns and let you know what your options are.

The initial consultation is free and there is no pressure to hire.  If you choose to hire us, we will give you a reasonable fee agreement, including possible payment options.

Criminal Defense FAQ

We Hope This Helps!

NO, you shouldn't! At least not without a lawyer after careful consideration.

Think about it. The police have a job, which is to solve crimes and bring criminal charges. The onlyreason for them to call you is because they are looking for evidence and there is no better evidence than your statement. Very often, they are calling you because they don't have enough evidence to charge you yet and they're looking to make their case with your statements.

They are not your friends. They are not trying to help you. There is nothing to "clear up". They will not go away if you just admit it and take responsibility.

Seriously, don't speak to the police without consulting a criminal defense lawyer first.

First, unless you have committed a very serious crime, the chances of you going to jail are minimal (especially if you hire a good attorney). In any event, this is not something that typically would happen until many months down the road.

We're not going to lie to you, if the prosecution can meet the burden of proof on your case, there will be consequences, ranging from a slap on the wrist to jail time. Our job is to minimize the consequences and to eliminate them, if possible.

Of course, this depends on the charges, your criminal history and many other factors, so please feel free to reach out and we can give you a more specific answer.

No, no, no, no no! Even if you decide to eventually take responsibility, your lawyer should negotiate the best deal possible. What this means depends entirely the circumstances of your criminal charge, but very often you can take responsibility and still avoid a permanent criminal record. It may also involve:

  • Pre-Trial Probation or Pre-Trial Diversion
  • An outright Dismissal of your charges upon payment of court costs
  • A Continuation Without a Finding, including the length and terms of your probation (after which the case is dismissed)
  • A period of straight probation without a jail or state prison sentence
  • A suspended sentence, where a sentence is imposed, but not served unless probation is violated
  • A lesser sentence to jail or prison and less severe conditions upon release

This is to say nothing of the fact that your case may be winnable on a motion to dismiss or at trial!

In many cases, yes. Some cases have issues that may justify a Motion to Suppress or a Motion to Dismiss for lack of evidence.

Others can and should be taken to trial, or call for a plea as soon as possible so the client can move on with their life.

The decision on what to do really depends on the facts of the case and your individual goals.

This is why it is important to speak to an experienced Massachusetts criminal attorney who can quickly evaluate your specific case to see if there are any issues worth pursuing.

Related Content:

Strategy and Potential Issues in Massachusetts Criminal Cases

As a criminal defense lawyer, the fact that you clicked this accordion drives me crazy!

No, do NOT talk to the police without a lawyer. They are not your friends. They are not trying to help you. They will not go away if you just admit it and take responsibility.

Their job is to gather evidence of crimes and there is no better evidence than your statement.

It may be that we ultimately decide to give a statement, but only if it will help your case and after careful consideration!

It is very possible that you can avoid a criminal record, especially if you don't have a significant criminal history and and it is a relatively minor offense.

The answer to this question is very case-specific, depending on the facts of your case and what we decide to do with it.

A vast majority of our criminal cases cases are handled on a flat fee basis, ranging from a clerk-magistrate's hearing to superior court or federal court cases.

All we can tell you is that we are always up front and honest, and will treat you fairly. We're also willing to work with you on payments if we can, as this is not all about the money.

Of course, it is prefereable to have an attorney at the arraignment, but don't panic! First, you can call or text me at any time and I may be able to be there. If not, take a look at this link for all the information you need:

Arraignment in Massachusetts – What You Need to Know.

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