Massachusetts Criminal Defense Attorney Blog
An undercover sting operation to catch a Lawrence man allegedly breaking into neighborhood cars paid off. According to The Lawrence Eagle Tribune, police officers went undercover to catch the person breaking into the vehicles. A citizen reported that a man was loitering in the area of Methuen Street in Lawrence. The police responded and saw twenty-five year old Jose Rivera walking away from a parked car with its alarm sounding. The officer, who was in an unmarked cruiser, saw that a nearby car had its window broken and Rivera had screwdrivers in his pocket and a GPS base and charge chord in his pants. Rivera was arrested and charged with breaking and entering a vehicle in the daytime with intent to commit a felony, larceny over $250.00, possession of burglarious tools and malicious destruction of property over $250.00.
In Massachusetts, if you are charged with any type of theft crime it is important to have an experienced defense attorney on your side. In order for the prosecution to secure a conviction, they must prove all of the elements of a crime beyond a reasonable doubt. It is important that your Massachusetts trial attorney knows the law and all of the elements of the crime with which you are charged.
For example, in order for the prosecution to secure a conviction for possession of burglarious instruments in violation of G.L.c. 266, ยง 49,the Commonwealth must prove that the defendant possessed “an engine, machine, tool or implement adapted and designed for cutting through, forcing or breaking open a building, room, vault, safe or other depository, in order to steal there from money or other property, or to commit any other crime, knowing the same to be adapted and designed for the purpose aforesaid, with intent to use or employ or allow the same to be used or employed for such purpose . . .”
In Massachusetts, many defendants are charged with possession of burglarious tools simply because they are found with pliers, wrenches and other tools in their possession. However, mere possession of these objects, even at what is believed to have been a crime scene, is not sufficient to prove that the items were “burglarious.” The trial judge must instruct and the Commonwealth must prove that the defendant possessed the item or tool with the intent to use it to break into a vehicle or residence. Mere possession of a tool is not enough for a conviction. The Commonwealth must also prove that the defendant had the specific intent to use the tool to enter the car or residence.
Our Attorney has over twenty years experience in criminal law. She has litigated cases all courts in Massachusetts including Superior Court, District Court, Appeals Court, Supreme Judicial Court and Federal Court. If you want an experienced, qualified and successful Boston defense attorney on your side contact Our Attorney online or and she will get to work on your case immediately.