Possession of Burglary Tools Charge for Selling Keys

My question involves criminal law for the state of: California
I wss selling old keys that had belonged to exhusband on online app. Was unaware that I could not do that by law and also was unaware that person that wanted to meet up to by them was a cop. When showed up to meet person I was citited for driving on suspend lic cop took the keys I was selling and impounded my car then sent me on my way. When I showed to traffic court I was then told DA charged me for possession of burglary tools. I have refused plea because I didnt not nor was I trying to break law. Go to trial end of month and scared Im going to end up in jail. Any feedback would be great.
Thank you

Consult an attorney. If you are being charged with a misdemeanor offense, you have the right to have court-appointed counsel.

And ... really ... WHY would someone want to buy old keys? How were you marketing them? As keys that might still fit locks somewhere? You should probably speak to that attorney ASAP.

What kind of keys were these? Master keys of some sort? I'm not sure how a DA could make an argument for possession of burglary tools if these are just random old keys.

It is possible though to be convicted of possession of burglary tools without actually having committed a burglary as it is the possession itself that is a crime and not the use.

Quote:

---

Quoting Fweakinmowon13

---

My question involves criminal law for the state of: California
I wss selling old keys that had belonged to exhusband on online app. Was unaware that I could not do that by law and also was unaware that person that wanted to meet up to by them was a cop. When showed up to meet person I was citited for driving on suspend lic cop took the keys I was selling and impounded my car then sent me on my way. When I showed to traffic court I was then told DA charged me for possession of burglary tools. I have refused plea because I didnt not nor was I trying to break law. Go to trial end of month and scared Im going to end up in jail. Any feedback would be great.
Thank you

---

Get a lawyer. Plead not guilty.

Why would you even try to sell old keys? Old keys to what? Whose going to buy keys that they can't use? Is there a big demographic of people who collect keys that I'm unaware of?

Quote:

---

Quoting Guntile22

---

It's every person basic rights.

---

That's why that post was stated as such...everyone can request a public defender. Doesn't mean they qualify for it.

Something is rotten in the state of Denmark. I can understand impounding the car for driving on the suspended list and getting a ticket. But Possession of Burglary Tools because you have keys on your possession does not compute. That would make just about everyone guilty of possession of burglary tools. I'm sure everyone carries at least one key on them.

The only keys that are illegal to have in one's possession are government issued keys like postal key if you are not authorized to have them. But that is a federal offence.

Quote:

---

Penal Code - PEN

PART 1. OF CRIMES AND PUNISHMENTS [25 - 680] ( Part 1 enacted 1872. )


TITLE 13. OF CRIMES AGAINST PROPERTY [450 - 593g] ( Title 13 enacted 1872. )


CHAPTER 3. Burglarious and Larcenous Instruments and Deadly Weapons [466 - 469] ( Heading of Chapter 3 amended by Stats. 1977, Ch. 1147. )



466.

Every person having upon him or her in his or her possession a picklock, crow, keybit, crowbar, screwdriver, vise grip pliers, water-pump pliers, slidehammer, slim jim, tension bar, lock pick gun, tubular lock pick, bump key, floor-safe door puller, master key, ceramic or porcelain spark plug chips or pieces, or other instrument or tool with intent feloniously to break or enter into any building, railroad car, aircraft, or vessel, trailer coach, or vehicle as defined in the Vehicle Code, or who shall knowingly make or alter, or shall attempt to make or alter, any key or other instrument named above so that the same will fit or open the lock of a building, railroad car, aircraft, vessel, trailer coach, or vehicle as defined in the Vehicle Code, without being requested to do so by some person having the right to open the same, or who shall make, alter, or repair any instrument or thing, knowing or having reason to believe that it is intended to be used in committing a misdemeanor or felony, is guilty of a misdemeanor. Any of the structures mentioned in Section 459 shall be deemed to be a building within the meaning of this section.
(Amended by Stats. 2008, Ch. 119, Sec. 1. Effective January 1, 2009.)

---

The cop know she was selling the key. There is no intent to commit a crime.

Quote:

---

Quoting Rock Knocker

---

I don't know about that, intent is the crux of the crime. If the OP intended to sell collector items no crime was committed

466.1

---

In OP's case, I would agree which is why I said what I said about the DA. Depending on the full facts, which we don't have, they may have done something that could get them convicted.

But yes, it is possible to be convicted of the possession of burglary tools without having committed a burglary. Get caught lurking around businesses as 2am with a crowbar or lock pick while wearing a ski mask, intent can be established and a conviction obtained.

Quote:

---

Quoting Guntile22

---

It's every person basic rights.

---

Not ... really ... It's a right in the American judicial system for certain offenses, but not all types of offenses. And, as mentioned, if one meets the court's requirements to receive court-appointed counsel.

If the DA has decided to charge the offense of possession of burglary tools, then I suspect there are conversations on line, via text, or by phone that indicate that the keys could or should be used for nefarious purposes. The DA did not simply pull that out of their ass for no reason.

And a burglary does not HAVE to be convicted. I have made many of these cases without a burglary having been committed ... though, most have occurred when they were in the possession of someone with a past involving burglaries or thefts involving an MO utilizing that particular tool, or loitering/prowling about a home or business with said tools and no good explanation, etc.

The point here is, the DA did not charge the offense without thinking they had the elements addressed. The OP says she was selling the keys online and that she got into a negotiation with a person who ended up being a cop. Clearly, something about the conversation or advertizing lead them to believe that something was up or they would not have wasted their time. Someone selling old time novelty steamer trunk keys is NOT going to be on the receiving end of a police sting. But, someone selling keys that might be able to get them into her exes house, business, vehicles, or something else, would be. Only the OP knows what she said, wrote, or transmitted. And she should relate that to her attorney.

Fortunately for her (and unfortunately for the citizens of this state), misdemeanor property crimes in CA are pretty much a free pass these days, so the odds of her spending any real time in jail even without a significant plea is minimal. Fines and probation - and MAYBE a short stay of a few days or weeks - are the most likely end result.

Quote:

---

Quoting Rock Knocker

---

Yes, intent is established. Which is why that individual could be charged, and not Joe at Ace Hardware

---

What is your point? I already stated that intent was established in that case. No where did I say poor Joe at Ace Hardware could be charged.

Quote:

---

Quoting Rock Knocker

---

I was trying to point out that you were off topic. Nowhere did the OP mention that she was lurking around outside a building at 2am with a satchel of slim jims and water pumppliers

---

Actually, I wasn't. I never said she was, did I? I was just explaining how you were wrong.

I still do not understand how old keys can be burglary tools.

Quote:

---

Quoting llworking

---

I still do not understand how old keys can be burglary tools.

---

Either there are facts in play that we don't have (which isn't unheard of when people come here) or the DA and police are stretching (which is also not unheard of).

Quote:

---

Quoting Rock Knocker

---

Thank you, but I wasn't wrong. Intent is still the operative. Lurking around the shadows at 2am with hammers and tools and no work order, a reasonable person could assume that there was reason to believe that the lurker was intending to commit a burglary, hence the tools were burglary tools.

---

You were not wrong in stating that intent is necessary. You were wrong in inferring that my statement was wrong. I stated:

Quote:

---

Quoting free9man

---

It is possible though to be convicted of possession of burglary tools without actually having committed a burglary as it is the possession itself that is a crime and not the use.

---

You then stated:

Quote:

---

Quoting Rock Knocker

---

I don't know about that, intent is the crux of the crime. If the OP intended to sell collector items no crime was committed

---

I know that intent is necessary. I've never argued that. Nowhere in my post do I even mention intent. I simply stated that someone can be convicted without an actual burglary occurring.

Quote:

---

Quoting llworking

---

I still do not understand how old keys can be burglary tools.

---

By themselves they are not. But, I suspect there is more to this tale than meets the eye. Are you aware of a market for old keys? I'm not. Unless they have some historic significance, or they are sold in a dollar jar at some antique village store, there's no market for them - and no reason to be selling them online such that it would be worthwhile to meet up with someone for the exchange.

There is definitely more to the tale or no one would be wasting their time.