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Florida has 3 classes of felony burglary with maximum punishments ranging from five years to life in prison. The laws are harsh because burglary is almost always a crime that involves a victim. Victims usually come to court to request a stiffer sentence from the judge, which is why burglary cases must be taken seriously and handled by a skilled and experienced lawyer. But a defendant does not necessarily have to be arrested for burglary in order to be charged with a crime related to burglary. Possession of burglary tools is classified as a third-felony under Florida law, and due to its broad definition is one of the most overcharged crimes in the state. Benjamin Herbst is a South Florida criminal lawyer who specializes in defending clients charged with possession of burglary tools. He has successfully represented hundreds of defendants in Miami-Dade, Broward, and Palm Beach County, and also provides vigorous representation to his Treasure Coast clients in Martin and St. Lucie County. If you have been charged with possession of burglary tools do not speak to the police or anyone else about the allegations without an attorney present. Unrepresented defendants can incriminate themselves without even knowing they are saying something damaging, and police have a history of taking statements out of context or twisting words around. Protect yourself and consult with a South Florida criminal defense lawyer right away.
Police officers have a wide discretion to arrest a person for possession of burglary tools, but with the help of a South Florida criminal defense lawyer like Benjamin Herbst many of cases have little chance of holding up in front of a jury. Under Florida law any person who possesses a tool, machine or other object with the intent to use the object to commit a burglary or trespass could be charged with possession of burglary tools. While common tools include crow bars, slim jims, lock picks, screwdrivers, hammers and pliers there is no limitation on the type of tool under the law, and possession of totally legal and innocent objects could lead to a felony arrest. Even rope could be considered a burglary tool if a police officer has reason to believe it was used to break into a building. The problem with the law is that it is totally up for interpretation by a police officer, and when police officers have that much discretion people end up being wrongfully arrested. Burglary tool defense attorney Benjamin Herbst will not let a wrongful arrest stand without a fight. He does whatever is necessary to have his clients name and reputation cleared, and is never afraid to take the state on at jury trial. Benjamin is available 7 days a week at (954) 543-0305 to discuss your case, and can meet anytime at his Fort Lauderdale and West Palm Beach offices. He is also happy to travel anywhere from Miami to Port St. Lucie to consult in person.
There are a variety of defenses that may be available to anyone charged with possession of burglary tools, and Benjamin is standing by to explain which of these may apply to your case. Remember that the state must prove intent to use the tools in the near future or else they are just objects. A police officer cannot simply arrest a suspicious person for possession of crowbar or other tool without specific articulable facts that the person intended to use the use the object for an illegal purpose. Police officers often misinterpret the law, and believe they have the authority to arrest without the necessary evidence. In this scenario Benjamin will fight to have these charges thrown out before they are filed in court. There is no need to gamble by going to court without an experienced South Florida burglary lawyer. Contact Benjamin anytime and start fighting back against the state.