In order to prevent Burglaries and thefts from occurring, the Florida Legislator has outlawed the possession of burglary tools in certain very specific and narrowly tailored circumstances. Years as a Miami Prosecutor and specifically the experience in training other prosecutors as a division chief, has further sharpened Criminal Defense Lawyer Bijan Sebastian Parwaresch’s remarkable performance in the defense of these types of cases.
The State Attorney has to prove the following four elements to successfully prosecute the offense of Possession of Burglary Tools. First, the accused must be in possession of such tools. Second, the accused must have intended to use these tools in a burglary or trespass. Third, the accused must have had the intent to commit a burglary or trespass and as a fourth element the State must proof some kind of act towards the furtherance of the burglary or trespass.
Because there are two elements of intent that the prosecutor has to prove, these cases have a high rate of not guilty verdicts at trial and a thorough pretrial and discovery preparation is essential. Attorney Parwaresch’s skillful taking of the depositions, sworn pretrial statements from the prosecutor’s witnesses, often times resolves these cases as a lack of intent becomes clear. This accusation is abused many times by law enforcement when an individual has a prior record for trespass or burglary.
These cases often have similar fact patterns in that law enforcement runs a registration of a vehicle and conducts a traffic stop because of a prior trespass of burglary record. If they have no other crime at hand, this charge is frequently thrown at them although there is not a sherd of evidence in regards to criminal intent. After having been arrested for this offense, you want to get the best legal defense possible to handle your case. Call or email attorney Bijan Sebastian Parwaresch to discuss the facts of your case.
