I read that because socks are items of personal apparel and not burglary tools
Divorce / Separation Lawyer
My initial response to your question would be "no", That being said, you would need to look to the police report to see how the police are suggesting that the socks were used as "burglarious tools." I strongly suggest that you contact local counsel to review the police report. He/she can advise you as to defenses you might have. Good luck.
Legal disclaimer: The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Massachusetts. Responses are based solely on Massachusetts law unless stated otherwise.
8 found this helpful
5 lawyers agree
Not inherently so, but then nothing really is except perhaps the combination of clay dams and nitroglycerin. But almost anything can be a burglary tool if it is used as such. But that is a practical definition, not a legal one.
5 lawyers agree
Criminal Defense Attorney
Here's the statute:
810.06 Possession of burglary tools.
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, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
Perhaps if the socks were worn on a person's hands to conceal fingerprints in furtherance of the crime the socks could be considered burglary tools. I guess you have to ask yourself how were the socks used and were they used to help commit the crime.
This does not form an attorney-client relationship. This is for informational purposes only.
3 lawyers agree