Charged With Possessing Burglary Tools? A Minnesota Lawyer Breaks Down What You’re Facing Under Statute § 609.59
The moment you were stopped, the questions, the search, the discovery of certain items in your car or backpack—it all happened so fast. Now you’re staring at a criminal charge that sounds like something out of a movie: Possession of Burglary or Theft Tools. You might feel a sense of disbelief, especially if the items in question are common tools you use for work, hobbies, or everyday repairs. A crowbar, a set of screwdrivers, a slim jim, even a pair of heavy-duty gloves. The police report might make it sound like you were about to pull off a major heist, when the reality is far more innocent. Maybe you were simply in the wrong place at the wrong time, or perhaps a misunderstanding has spiraled completely out of control.
You didn’t ask for this. You didn’t plan to be navigating the complexities of the Minnesota criminal justice system. But here you are, and the charge is serious. A conviction could brand you a felon, stripping away your rights and casting a long shadow over your future. This isn’t just a slap on the wrist; it’s a charge that attacks your character by assuming the worst about your intentions. The prosecution’s entire case is built on proving what you were thinking.
You don’t have to face this assumption, this accusation, and this fight alone. I am a Minnesota criminal defense attorney who has stood beside people just like you, in courtrooms across this state, from the bustling halls of justice in Minneapolis and St. Paul to the local courts in Rochester, Duluth, and St. Cloud. I’ve worked with clients in Hennepin County, Ramsey County, Olmsted County, and beyond. I understand what you’re up against, and I know how to build a defense that protects your rights, your reputation, and your future. This is a fight you can win, but it starts with understanding the challenge ahead.
What “Possession of Burglary Tools” Actually Means in Minnesota
In Minnesota, a charge for Possession of Burglary or Theft Tools isn’t about the tools themselves. It’s about your alleged intent. The law focuses on what the prosecutor believes you were planning to do with otherwise legal items. You can legally own wrenches, hammers, lock picks, and flashlights. This charge only arises when law enforcement and the prosecution believe they can prove you possessed these items with the specific and sole intent to use them to commit a burglary or a theft. It’s one of the few crimes where the government is trying to punish you for a future, uncommitted act.
This makes the charge highly subjective and ripe for misinterpretation. Common scenarios often involve traffic stops where police find tools in a vehicle, or situations where you are near a commercial or residential property after hours. The context in which the tools are found becomes the entire basis for the case. Were you a locksmith locked out of your own van? A construction worker with tools in your truck after a late shift in Plymouth? Or a hobbyist who enjoys urban exploration? These are the stories that get twisted into accusations. If you’re facing a Minnesota possession of burglary tools accusation, you’re not just defending your actions; you’re defending your character and your state of mind.
Minnesota Law on Possession of Burglary Tools — Straight from the Statute
The law that governs this offense is specific and is the playbook the prosecution will use against you. Understanding the exact language is the first step in dismantling their case. The charge comes directly from Minnesota Statutes, which lays out the precise conduct that is prohibited.
The controlling statute is Minnesota Statute § 609.59, Possession of Burglary or Theft Tools. The full text of the law states:
“Whoever has in possession any device, explosive, or other instrumentality with intent to use or permit the use of the same to commit burglary or theft may be sentenced to imprisonment for not more than three years or to payment of a fine of not more than $5,000, or both.”
Breaking Down the Legal Elements of Possession of Burglary Tools in Minnesota
For the state to secure a conviction against you under Minnesota Statute § 609.59, the prosecutor must prove two critical elements beyond a reasonable doubt. It’s not enough to prove one; they must prove both. A failure to prove even a single element means the case against you collapses. This is where we begin to build your defense.
- PossessionThis is the first, and often the most straightforward, element for the prosecution to prove. Possession can mean you had the items on your person, such as in your pockets or a backpack you were carrying. It can also mean you had “constructive” possession of the tools. This legal concept applies if the tools were found in a place you exercise control over, like the trunk of your car, your glove compartment, or inside your home in Eagan or Maple Grove. However, just because you were near the tools doesn’t automatically mean you possessed them. If you were a passenger in a friend’s car in Bloomington, for example, the state cannot automatically pin possession of items found in that car on you. They must prove you had direct control or a right to control the items.
- IntentThis is the heart of every Possession of Burglary Tools case in Minnesota and is the most difficult element for the prosecution to prove. The state must prove, with concrete evidence, that you possessed the tools with the specific intent to use them to commit a burglary or a theft. Vague suspicions or your past criminal history are not enough. The prosecutor must show your state of mind at the exact moment you possessed the items. This is a massive hurdle for them. Your entire defense may hinge on challenging the state’s flimsy evidence of your supposed intent. Without a confession, the prosecutor is left to rely on circumstantial evidence—the time of day, your location, and the combination of items you had—to try and weave a narrative that simply may not be true.
Penalties for a Possession of Burglary Tools Conviction in Minnesota Can Be Severe
Do not make the mistake of underestimating this charge. While it may sound secondary to an actual burglary, the state of Minnesota classifies it as a serious felony offense. A conviction carries life-altering consequences, including the potential for a significant prison sentence and the permanent stigma of a felony record. The penalties for possession of burglary or theft tools in Minnesota are not to be taken lightly.
Felony Possession of Burglary or Theft Tools
Under Minnesota Statute § 609.59, this crime is always a felony. There are no lesser misdemeanor or gross misdemeanor versions of this specific offense. If you are convicted, you face:
- Up to three years in state prison.
- A fine of up to $5,000.
- A combination of both prison time and fines.
- Supervised probation or parole, which can last for several years and include strict conditions like random searches, geographic restrictions, and regular check-ins with a probation officer.
Understanding the Minnesota sentencing for possession of burglary tools is critical. The judge will consider factors like your criminal history and the specifics of your case, but the felony label itself triggers a host of other devastating consequences.
What Possession of Burglary Tools Looks Like in Real Life — Common Scenarios in Minnesota
This charge rarely happens in a vacuum. It’s often the result of a specific situation where law enforcement makes assumptions based on limited facts. Here are a few common scenarios that could lead to a charge under § 609.59 in Minnesota.
The Late-Night Traffic Stop
Imagine you’re driving home late from a friend’s house in a Minneapolis suburb like Brooklyn Park. A police officer pulls you over for a minor traffic violation, like a broken taillight. The officer seems suspicious and asks to search your car. You, wanting to be cooperative, agree. In your trunk, they find a duffel bag containing a crowbar, a pair of dark gloves, and a flashlight. You use them for home repairs, but the officer sees a “burglar’s kit.” You are arrested and charged based on nothing more than the time of day and a collection of common household items.
The Misunderstood Hobbyist
You’re a fan of “urban exploration” and enjoy exploring abandoned buildings in industrial areas around Duluth or the historic districts of St. Paul. You carry a backpack with a camera, a headlamp, a multi-tool, and a small pry bar to safely navigate decaying structures. Someone reports suspicious activity, and the police find you near a property. Despite your explanations and camera equipment, they see your tools and your presence in a non-public area as proof of intent to commit theft or property damage, leading to your arrest.
The Wrongful Association
You give a ride to an acquaintance in Rochester. Unbeknownst to you, that person has a criminal record and has placed a bag in your back seat. You’re pulled over, and a search reveals that the bag contains shaved keys, a slim jim, and other devices commonly associated with car theft. Even though the items are not yours and you had no knowledge of them, because they were found in your car, you could be charged with possession right alongside your passenger. The police may not care who the tools belong to; they may just charge everyone in the vehicle and let the courts sort it out.
The Locksmith or Tradesperson
You are a professional who relies on certain tools for your livelihood. Perhaps you’re a locksmith who was called out for an emergency job in a Plymouth commercial district, or a cable installer with a variety of tools in your van. If police encounter you under circumstances they deem “suspicious”—perhaps near a business after hours—they might disregard your legitimate reason for being there. Your professional tools, including lock picks, tension wrenches, or wire cutters, could suddenly be re-labeled as “burglary tools,” and you could find yourself having to defend your profession and your freedom.
Legal Defenses That Might Work Against Your Possession of Burglary Tools Charge
Just because you’ve been charged doesn’t mean you will be convicted. The prosecution’s case is often built on assumptions and circumstantial evidence, which can be challenged and dismantled by a strong legal defense. My approach is to scrutinize every piece of evidence, every police action, and every legal loophole to find the weaknesses in the state’s case. We will not let them paint a false picture of your intentions.
Fighting these charges requires a proactive and aggressive strategy. We will not sit back and wait for the prosecution to make its move. We will investigate the circumstances of your arrest, challenge the evidence, and assert your constitutional rights. Defenses to possession of burglary tools in Minnesota often focus on exposing the flaws in the two key elements the state must prove: possession and intent. We will force the prosecutor to answer the tough questions and create the reasonable doubt necessary to win your case.
Defense 1: Lack of Intent
This is the cornerstone defense in most § 609.59 cases. The state cannot read your mind. My job is to show that their interpretation of your intent is wrong, biased, or completely unsupported by the evidence.
- Legitimate Purpose for the Tools: We will gather evidence proving you had a valid, legal reason to possess the items in question. This could include employment records showing you are a contractor, receipts for the tools, photos of your workshop or hobby space, or testimony from employers, colleagues, or friends who can verify your legitimate use of the tools. We will present a compelling narrative that your possession was innocent.
- Inconsistent Circumstantial Evidence: We will pick apart the state’s story. Was the “suspicious” location actually on your way home from work? Were the tools stored neatly in a toolbox, not hastily stashed under a seat? We will highlight every fact that contradicts the prosecution’s theory of criminal intent and show the jury that their case is built on nothing more than speculation.
Defense 2: Illegal Search and Seizure
Your Fourth Amendment rights protect you from unreasonable searches and seizures by the government. If the police found the tools by violating your rights, the evidence they discovered may be thrown out of court, often causing the entire case to be dismissed.
- Lack of Probable Cause for the Stop: The police cannot pull you over on a hunch. They need a legitimate, articulable reason to initiate a traffic stop. If the initial stop was unlawful, any evidence found as a result of that stop is considered “fruit of the poisonous tree” and must be suppressed. We will meticulously review the police report and any available dashcam or bodycam footage to challenge the legality of the stop.
- Invalid Consent to Search: Did the police pressure or trick you into consenting to a search? Consent must be given freely and voluntarily. If you were intimidated or did not understand you had the right to refuse, your “consent” may be invalid. Furthermore, if police exceeded the scope of the search you consented to, any evidence found may be inadmissible.
Defense 3: You Did Not “Possess” the Tools
The prosecutor must prove that you knowingly exercised control over the tools. If the tools belonged to someone else or were in a location you didn’t control, you cannot be convicted.
- No Knowledge of the Tools’ Presence: If you were a passenger in someone else’s car or had borrowed a friend’s truck, you may not have even known the tools were there. The state must prove you were aware of their presence. We can use witness testimony and other evidence to show the tools were not yours and you had no idea they were in the vehicle.
- Lack of Control Over the Location: If the tools were found in a shared space, like the trunk of a car with multiple occupants or a common area of a home, the prosecution cannot simply assign possession to you. They must provide specific evidence linking you directly to the items. We will argue that the state has failed to meet its burden of proving you, and only you, were in possession.
Defense 4: The Items Are Not Burglary Tools
While the statute uses broad language like “device… or other instrumentality,” we can argue that the items you possessed do not fit the definition of burglary or theft tools in the context of your case.
- Common Household or Professional Items: We will emphasize the everyday nature of the objects. A screwdriver is just a screwdriver. A hammer is just a hammer. We will argue that labeling these common items as criminal tools without irrefutable proof of intent is a gross overreach by the prosecution. The jury needs to see the items for what they are, not what the prosecutor wants them to be.
- No Customization for Criminal Use: Often, tools used for burglary are altered or modified—for example, a screwdriver might be sharpened to a point. If your tools are standard, unmodified items in good working order, we can use this to demonstrate their legitimate purpose and your lack of criminal intent.
Minnesota Possession of Burglary Tools FAQs — What You Need to Know Now
Will I definitely go to jail for possessing burglary tools in Minnesota?
Not necessarily. While the maximum penalty includes up to three years in prison, it is not a mandatory sentence. An aggressive defense can lead to a dismissal, an acquittal at trial, or a plea agreement to a lesser charge that avoids prison and possibly even a felony conviction. Your outcome depends heavily on the facts of your case and the quality of your legal representation.
Can a charge for possessing burglary tools be dismissed?
Yes, absolutely. A dismissal is one of the best possible outcomes. This can happen if we successfully argue that the police conducted an illegal search, if there is insufficient evidence to prove your intent, or if we can negotiate a favorable resolution with the prosecutor. My primary goal is always to seek a full dismissal of the charges against you.
Do I need a lawyer for a possession of burglary tools charge in Minneapolis or St. Paul?
Yes. This is a felony charge. Attempting to navigate the complex legal systems of Hennepin or Ramsey County alone is a massive risk. The prosecutors in these jurisdictions are experienced and will use every available resource to secure a conviction. You need a dedicated attorney who understands the local courts, judges, and prosecutors to protect your rights and build a powerful defense.
How long does a possession of burglary tools charge stay on my record in Minnesota?
If you are convicted of this felony, it will stay on your criminal record permanently unless you can get it expunged. The Minnesota expungement process is complex and not guaranteed. The best way to protect your record is to fight the charge aggressively from the very beginning to avoid a conviction in the first place.
What is the difference between possession of burglary tools and burglary?
Possession of burglary tools is an offense that criminalizes the intent to commit a future crime. Burglary, on the other hand, is the act of unlawfully entering a building with the intent to commit a crime inside. You can be charged with possessing the tools even if no burglary ever took place.
Can I be charged if the tools were just regular household items?
Yes. This is the most dangerous aspect of this law. The charge isn’t about the items themselves, but about your alleged intent. A prosecutor can take a collection of perfectly legal items like a hammer, duct tape, and a flashlight and call them a “burglary kit.” Defending your case requires showing the legitimate context for possessing these items.
What if the tools belonged to someone else in the car?
This can be a strong defense. The state must prove you possessed the tools. This is called “constructive possession,” and it’s a legal concept we can fight. If the tools weren’t yours and you didn’t know they were there, you are not guilty of this crime.
Is “intent” hard for the prosecution to prove?
Yes, it is the most subjective and difficult element for the state. They have to prove what was in your mind beyond a reasonable doubt. They will use circumstantial evidence to try and build a case, but this evidence is often weak and open to interpretation. My job is to provide the alternative, innocent interpretation.
What if I have a prior criminal record?
A prior record can make your case more challenging, as the prosecutor and judge may be less inclined to believe your side of the story. However, your past convictions are often not admissible as evidence of your guilt in this new case. It is crucial to have an attorney who can file motions to prevent the jury from hearing about your past.
Can a hobby like lock-picking get me into trouble?
It can. While owning lock picks is not illegal in Minnesota, possessing them outside your home without a legitimate locksmithing purpose can be used as evidence of intent to commit burglary. If you are a hobbyist, it is critical to be discreet and understand the risks involved.
What should I do if the police want to search my car?
You have the right to refuse a search. You can calmly and politely say, “Officer, I do not consent to any searches of my property.” Giving consent makes it much harder for your attorney to challenge the legality of the search later on.
Will this charge affect my immigration status?
Yes. A felony conviction, especially one that could be interpreted as a “crime involving moral turpitude,” can have devastating consequences for non-citizens, including deportation, denial of re-entry, or inability to obtain a green card or citizenship. It is vital to have a defense attorney who understands these immigration-related stakes.
What is a “stay of adjudication”?
In some cases, it may be possible to negotiate a “stay of adjudication.” This means you plead guilty, but the judge does not accept your plea and instead places you on probation. If you successfully complete probation, the charge is dismissed and no conviction is entered on your public record. This is a very favorable outcome that we can sometimes achieve.
How much does it cost to hire a lawyer for this charge?
The cost will vary, but you should view it as an investment in your future. A felony conviction can cost you your job, your housing, and your freedom. I offer a clear fee structure and will work with you to make a strong defense affordable. The cost of not hiring a skilled attorney is almost always higher.
Should I talk to the police and explain my side of the story?
No. You have the right to remain silent. Use it. The police are trained to gather evidence to use against you. Your innocent explanations can be twisted and used to prove your “intent.” Politely decline to answer any questions and state that you wish to speak with an attorney immediately.
What a Possession of Burglary Tools Conviction Could Mean for the Rest of Your Life
A felony conviction under § 609.59 is a brand that follows you forever. The consequences extend far beyond the courtroom and can permanently alter the course of your life. This is not just about avoiding jail; it’s about protecting your entire future. The collateral consequences for possession of burglary tools are severe and long-lasting.
The Loss of Your Civil Rights
As a convicted felon in Minnesota, you will be stripped of fundamental rights. You will lose your right to vote until you have completed your sentence, including any probation or parole. More critically, you will be permanently banned from possessing firearms or ammunition under both state and federal law. This lifetime ban on your Second Amendment rights is an automatic consequence of a felony conviction.
A Permanent Criminal Record and The End of Your Career
In today’s digital world, a background check is a standard part of almost every job application. A felony conviction for Possession of Burglary or Theft Tools can be a death sentence for your career aspirations. Employers will see the charge and may assume you are untrustworthy or dishonest. It can prevent you from obtaining professional licenses in fields like real estate, nursing, or education, and can make it nearly impossible to find stable, meaningful employment.
Barriers to Housing and Education
Your criminal record will follow you when you try to rent an apartment or apply for housing assistance. Landlords frequently run background checks and are often hesitant to rent to individuals with felony convictions, especially for a crime that sounds related to property offenses. Similarly, many colleges and universities ask about criminal history on their applications, and a felony can be a significant barrier to pursuing higher education and improving your life.
Immigration Consequences: Deportation and Inadmissibility
For non-U.S. citizens, the stakes are even higher. A conviction for a crime like this can be classified as a “crime involving moral turpitude” (CIMT) or an “aggravated felony” under federal immigration law. This can trigger deportation proceedings, even if you are here legally with a green card. It can also make you inadmissible, meaning if you leave the country, you may not be allowed to return. This single charge could result in you being permanently separated from your family and your life in the United States.
Why You Need a Tough, Experienced Minnesota Possession of Burglary Tools Attorney
When the state has you in its sights, you cannot afford to be passive. You need a defense attorney who will meet the prosecution’s aggression with strength, strategy, and an unwavering commitment to your case. The difference between freedom and a felony conviction often comes down to the skill and dedication of the lawyer standing beside you.
The Critical Advantage of a Private Defense Attorney
Public defenders are often overworked and saddled with impossibly high caseloads. They simply may not have the time or resources to give your case the individual attention it deserves. As your private attorney, my focus is solely on you and your defense. I have the ability to dedicate the time necessary to investigate every lead, scrutinize every piece of evidence, and build the strongest possible case. I will be the one answering your calls, appearing in court, and fighting for you every step of the way. You are not just another file on my desk; you are my client, and your future is my priority.
How Acting Fast Can Change Everything
The most critical window in a criminal case is the very beginning. By hiring an attorney immediately, you give me the chance to get involved before charges are formally filed, or to begin negotiating with the prosecutor from a position of strength. We can preserve evidence, interview witnesses while their memories are fresh, and identify weaknesses in the state’s case before it gains momentum. The sooner you have a powerful advocate on your side, the better your chances are of achieving a positive outcome like a dismissal or a significant reduction in charges.
Mastering the Local Minnesota Court Systems
Every courthouse in Minnesota has its own way of doing things. The prosecutors in Hennepin County may have different priorities and tendencies than those in Ramsey County or in greater Minnesota cities like Duluth and Rochester. I have navigated these local legal landscapes. I know the players—the judges, the clerks, and the prosecutors. This local knowledge is an invaluable asset, allowing me to tailor a defense strategy that is most effective for the specific court and jurisdiction where your case is being heard. This isn’t just about knowing the law; it’s about knowing the system.
Building a Case That Is Built to Win
My approach is proactive and relentless. I don’t wait to see what the prosecutor does; I build a case designed to get results. This means conducting my own investigation, filing aggressive pre-trial motions to suppress illegal evidence, challenging the state’s narrative at every turn, and preparing for trial from day one. Whether the best path forward is negotiating a dismissal, securing a favorable diversion program, or taking your case to a jury and winning a “not guilty” verdict, every action I take is aimed at achieving the best possible resolution for you. You are presumed innocent, and I will fight to make sure the court sees it that way.