I had no burglary tools it was 5 am... I was helping my friend cause he ran out of gas...they towed my car that they are holding and I have to pay 190 dollars to get it back... do they have a right to do so
Criminal Defense Attorney
It appears that your vehicle may have fit the description of a vehicle recently used in a burglary in that vicinity. So you have bigger problems then the $190. In fact, residential burglary is a strike and taken very seriously in any county. Lawyer up.
The response above is not intended as legal advice since it’s impracticable to provide thorough, accurate advice based upon the query without additional details. It is highly recommended that one should seek advice from a criminal defense attorney licensed in your jurisdiction by setting up a confidential meeting. Moreover, this response does not constitute the creation of an attorney-client relationship since this message is not a confidential communication because it was posted on a public website, thereby publicly disclosing the information, which is another reason to setup a confidential meeting with an attorney.
Criminal Defense Attorney
Any tool or object could be considered a burglary tool, but the prosecution has to prove that you had the specific intent to use those tools to commit a burglary. Everybody has a screwdriver and there isn't a law against carrying one in your car or even in your pocket. They'd have to prove that you intended to use that screwdriver to break into something.
Without knowing more details of why they towed your car, I can't comment whether it was proper or not. If you were arrested (not just cited and released), they could [potentially] tow your car for "safekeeping" rather than leave it on the side of the road.
The attorney that represents you can review the reports and discuss this with you further.
The above answer is for general information only and is based on the information you posted. Every case is fact dependent, so to get a thorough analysis of your situation, you will need to consult face to face with an attorney licensed to practice in the jurisdiction where the incident took place. Do not conclusively rely on any information posted online when deciding what to do about your case.
1 found this helpful
4 lawyers agree
If sounds like you have a good defense, particularly if your friend will back you up. However, this is nothing to be casual about. You will need the assistance of counsel to prove that there was an innocent explanation for your possession of tools at 5:00 am and that there was no nexus between you and some other crime that I assume was recently committed in the area.