Legal Question in Criminal Law in Florida

This is in Florida. My son has found a set of bump keys (burglar tools for opening cars) in a bagpack a few days after he was caught by security at his school trying to see if the keys will open a car. My son told the cops in a statement that he had no knowledge of what kind of keys they were ( He doesn't know too much about cars either ). He said he saw a Chevrolet car symbol on one of the keys (there was no other symbols on the keys) and wanted to go up to a car and see if it will open the lock, he told the police he had no intent of going into the car, or opening the door. He told them he was simply curious to see what kind of keys they were and if they could really open the car.

His charges are

1) 810.06 BURGL TOOLS-POSSESS- With intent to use

2) 810.02 4b BURGL UNOCCUPIED CONVEYANCE UNARMED

He never entered the car, so what I am trying to see is the second charge can be dropped

and if the first charge can be turned into a misdemeanor instead of a felony.

Thank you,

Lana B.


Asked on 6/14/10, 7:59 pm

2 Answers from Attorneys
Craig Epifanio Craig Epifanio, P.A.

He's facing two third degree felonies which are punishable by up to 5 years each. Each charge does require an intent element and it may be hard but not impossible to prove that. It is a possible that through negotiations by your attorney that a charge could be amended to a misdemeanor. You should talk to your attorney or hire an attorney so that you can explain the facts in more detail and see what his options are.

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Answered on 6/15/10, 9:09 am
Thomas Rosenblum Rosenblum Law Offices

Hello;

I just read your question about your son. I work in Jax. and have handled numerous criminal cases over the years, including juvenile cases, if this one remained in Juvenile court. If my office can be of any assistance, please give us a call.

You may have already been advised about the Court procedures and potential outcomes, but I'll mention...if he has no prior record, that is a huge benefit to him...he should have an attorney that can negotiate with the Assistant State Atty. I'm not sure what stage the case is in, but we pass cases for pre-trial hearings (which are basically status updates for the Court) where we go to Court, advise the Judge what has been going on (such as depositions of witnesses or legal research for preparation of some type of Motion). We can pass the case for a while until the Court deems neither side is giving in for a settlement and sets the case for a jury trial. Keep in mind, 96% of criminal cases in Fla. are settled by plea agreements. Let me know if you need any help. Tom Rosenblum

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Answered on 6/15/10, 1:23 pm


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