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Joseph
Joseph, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 7280
Experience:  I have 15 years experience in criminal litigation including several years as a felony prosecutor
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Even though Im on probation i have not been in any trouble

Customer Question

Even though I'm on probation i have not been in any trouble or had any police contact for now over a year. Then I'm on my way back from getting an application for employment and I stop at a friends for a little bit on my way home,when I'm pulled over by 3 Union City police officers who ran sacked my car and called in every electronic even down to a portable CD player and nothing came back stolen then they find a center punch in an eye glass case witch I used for my kitchen when I put in new floors less then 1 month ago and only put it in the case cause my girlfriends son handed it to me when he was in the backseat one day and I forgot about it .so now here's the thing please keep in mind I have never had any burglary cases, But they're giving me one week to either snitch on somebody or give up a stolen car which I have no affiliation with at all anymore or else they are going to file charges against me for that center punch. And violate my probation. Please help I feel like I'm stuck between a rock and hard place you know trying to get my life back on track and stay out of trouble Look for job and take care my family. CAN THEY REALLY DO THIS?????
Submitted: 4 years ago.
Category: Criminal Law
Expert:  Joseph replied 4 years ago.

Good evening. I'm a criminal defense attorney and I believe I can provide assistance in this matter. One question, what condition of probation are they alleging you violated by possessing the center punch? Thank you.

Customer: replied 4 years ago.
My felony probation for position of stolen vehicle , and my other felony probation is for stolen property.
Customer: replied 4 years ago.
Relist: Incomplete answer.
Expert:  Joseph replied 4 years ago.
I apologize for the delay, I went offline before your response and, as I'm a practicing attorney, my time during normal business hours is limited. I thank you in advance for your patience. However, as to my info request, I was asking what CONDITION of probation you had allegedly violated, not what the original CHARGE was. So, can you tell me what condition it was that they are saying was violated?
Customer: replied 4 years ago.

just having the center punch period, they were saying its a burglary tool so being that he said he could take me to jail right now and violate my probation

Customer: replied 4 years ago.
Relist: Incomplete answer.
Expert:  Joseph replied 4 years ago.
I apologize for the delay. As I tried to express earlier, as a practicing attorney, it can be difficult for me to respond quickly during normal business hours. On the flip side, my information is based on my current, real-world, experience as opposed to a retired attorney that is no longer actively engaged in the practice of law. Regardless...
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My opinion is that the officers are bluffing and/or don't really know what they are talking about. While "burglary tools" can encompass a great many things, this would commonly be considered glass cutting tools, a lock pick, a pry bar and the like. While it could be more innocuous things, such as a screw driver or a center punch, there would need to be something more in such a situation.
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As to "something more", I mean some additional information or evidence to suggest criminal activity. This could include driving slowly around a neighborhood late at night, wearing gloves or having items in your possession that were from a recent burglary.
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In short, if there was nothing more to this than you have a single legitimate tool in your possession, I cannot see this actually being considered a violation of probation.
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