When Is Possessing a Screwdriver a Crime?
Frequently, following a traffic stop and/or search of an individual, law enforcement will recover everyday household items such as screwdrivers, ski masks, gloves, etc. from the search. Depending on other circumstances, usually whether a burglary was recently committed in the area and the time of the search, a person possessing these items may get charged with Possession of Burglary Tools, which is a third-degree felony punishable by up to 5 years in prison. The Bantner Firm can help you when this happens! Call us at 813.397.3965 to set up your free consultation!
Fla. Stat. 810.06 (2018)
This crime is codified at Fla. Stat. 810.06: 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.
What Does the State Need to Prove?
To prove the crime of possession of burglary tools, the State is required to prove that the defendant (1) intended to commit a burglary or trespass, (2) had in his possession a tool or implement that he intended to use, or allow to be used, in the commission of the burglary or trespass, and (3) did some overt act toward the commission of a burglary or trespass. Sloan v. State, 43 Fla. L. Weekly D1420a (Fla. 5th DCA 2018).
If the State’s proof fails as to any single element, the charge is not proved and the charge must be dismissed or the jury should find you not guilty.
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Adam Bantner – Criminal Defense Attorney at Law
If you are in need of an expert criminal defense attorney specializing in legal defense against DUI, traffic, criminal, violent crime charges, or a personal injury – you’ll find it here.
Adam L. Bantner, II is a Board Certified Criminal Trial Attorney representing those accused of crimes in Hillsborough and Polk counties. He is the Past President of the Hillsborough County Association of Criminal Defense Attorneys., is a Super Lawyers Rising Star, and AVVO rated “Superb.” Adam is a member of Valrico Law Group.
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Adam Bantner, II is a Board Certified Criminal Trial Law Attorney representing those accused of crimes in Hillsborough and Polk Counties. When you are facing criminal charges, you want an expert in your corner. The Florida Bar has recognized Adam as an expert criminal defense attorney.
I have been defending the accused since 2006 and am Past President of the Hillsborough County Association of Criminal Defense Attorneys.
I have tried over 30 jury trials, on charges ranging from driving on a suspended license to murder.
In addition, I am a Brandon personal injury attorney. If you’ve been injured through no fault of your own, give me a call to see how we can help!
I approach each case on the principle that every client deserves zealous representation, with attention to detail and to their individualized needs. My mission is to get the best possible result for every client, in every case, every time. Give me a call to see how I can assist you to get the best results in your case. I are here to help.