Whether in the Phoenix area, or anywhere in Arizona, per A.R.S. §13-1505 "Possession of Burglary Tools" occurs when the person possesses any explosive, tool, instrument, or other article adapted or commonly used for committing any form of Burglary, and they intend to use or permit the use of such item in the commission of the Burglary. In addition, buying, selling, transferring or possessing or using a motor vehicle manipulation key or master key (unless you are a licensed business) also qualifies as Possession of Burglary Tools. This can be charged when a person simply has a screwdriver in their pocket and they have been caught trespassing onto a residential or commercial yard.
Possession of Burglary Tools is a class six (6) felony. For a first offense a class six (6) felony, punishment can be probation with zero (0) days in jail up to one (1) year in jail; or prison of four (4) months to two (2) years of incarceration. If the person has one (1) allegeable historical prior conviction, then the "prison only" range is nine (9) months to two and three quarters (2.75) years in prison. If the person has two (2) allegeable historical prior convictions, then the "prison only" range is two and one quarter (2.25) to five and three quarters (5.75) years of incarceration.
The key defense to Possession of Burglary Tools is "Lack of Intent." This defense is accomplished by demonstrating that although a person may have been in a place where they did not have permission to be, they were not there with the intent to commit a felony. This shifts the serious charge of Burglary down to the less serious charge of Trespass. Another defense is demonstrating "Mistake of Fact". This sometimes occurs when a person has been drinking, or they are unfamiliar with an area, and they accidentally walk into the wrong apartment or household. Another defense is demonstrating that the Defendant was merely on another person's property in order to seek permission to use the telephone or garner some other type of assistance, but the owner of the property called the police before the Defendant had a chance to explain himself. It is important to interview all witnesses involved and produce documentation of the Defendant's good character in order to demonstrate that the case does not warrant being charged as a Burglary. The mere fact that the Defendant has a screw driver, pocket knife, or some other item in his pocket should not be construed as "Possession of Burglary Tools". Many of these items are common items that have nothing to do with committing crimes (such as using a screw driver to actually insert or remove screws).
The "Common Defenses", which may apply in any criminal case are numerous and diverse. One of the most common defenses we encounter is a "Miranda Rights Violation". In Arizona, the standard of whether any inculpatory statement (i.e., a statement which tends to admit guilt) is admissible into evidence is based upon a "Voluntariness" standard. If we can demonstrate that the police coerced you (i.e., intimidated or tricked you) into making a confession or inculpatory statement, or that they did not properly read you your Miranda Rights, then we can suppress those statements and any evidence gathered as a direct result of those statements. In addition, "Denial of Right to Counsel" is another common defense which is often raised. This occurs when a suspect is in custody and requests to speak to their lawyer, but is denied and questioning continues. In certain cases (such as DUI) it is mandatory that you speak to an attorney as soon as possible in order to determine your rights before your body burns away the evidence of your presumably low alcohol content. Other defenses include challenging the validity of any search warrant, or whether there were any "forensic flaws" during the investigation of your case. This could include exposing flawed procedures regarding blood, breath, and urine testing; fingerprints analysis; DNA testing; ballistics; gunshot residue testing; computer analysis / "cloning hard drive" procedures; forensic financial accounting reviews; etc. Lastly, one of the most common defenses is exposing sloppy or misleading police reports which include everything from misstatements, false statements, flawed photo line-ups and inaccurate crime scene reconstruction.
It is important to hire an AV® rated law firm (the highest possible rating by Martindale Hubbell®), with the most Certified Criminal Law Specialists of any AV® rated Arizona Law Firm, per the Arizona Board of Legal Specialization. In addition, the Firm and all of it's lawyers are listed in the Bar Register of Preeminent Lawyers®. At the Law Offices of David Michael Cantor, P.C., the majority of our Attorneys are ex-Prosecutors, and all of our Attorneys know the system well. For a free initial consultation, call us at 1-888-822-6867, or click here to contact us now.
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Aggravated DUI, Aggravated DWI |
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Not Guilty |
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