Charged With The Possession Of Criminal Tools? Learn More About What This Means

Did you know that ordinary objects can sometimes take on extraordinary meaning in the courts? If you're charged with a crime, the things that the police find in your possession can sometimes lead to additional charges. Learn more about what the police and prosecutors consider "criminal tools" and how it can affect you if you're charged with their possession.

What is the possession of criminal tools?

Theoretically, anything that can be used to commit a crime could be considered a criminal tool, although there are some tools that are more likely to be considered "criminal' than others. For example, just having a set of lock picks on you (unless you're a licensed locksmith) is illegal in some states, like New York and New Jersey. For the most part, however, the charge of possession of criminal tools is used as an "add-on" charge—based on items in your possession that are associated with the other crimes you are accused of committing.

For example, four Ohio residents were arrested on charges that included heroin trafficking. They were found with digital scales in their possession. Since the scales are presumed to aid them in their heroin trafficking, they become "criminal tools" under the law, which is an additional charge that the prosecutor can bring. Had their crime been something like burglary, it's unlikely that the digital scale (which could be used for something as benign as tracking a diet) would have been labeled criminal tools.

Things like drug pipes, baggies, crowbars, hammers, and face masks, all of which are commonly used in drug crimes or crimes of theft, are often labeled criminal tools, but there's the possibility that just about anything can be tagged that way by the prosecution. For example, in one notable case, an iPod was called a criminal tool after being used to store sensitive personal information that was stolen from a school's personnel files. Electronics always have the potential for being considered a criminal tool under the right circumstances. For example, an Ohio man's clock radio, complete with a spy camera, is considered a criminal tool because he used it to record illicit videos of unknowing subjects.

What happens if you're charged with the possession of criminal tools?

Except in those cases where it may be the only charge, like owning a set of lock picks in the wrong state, the possession of criminal tools is usually used to enhance the potential penalties you face. The prosecution may be seeking to add more time to your sentence or increase the fines you face. It's also possible that the prosecutor is using the charge as a potential bargaining chip—something that could be removed if you agree to a plea deal. In other cases, if the evidence against you on the other charges is very weak, the prosecutor may be hoping that the possession charge will stick even if all of the other charges fall through.

The exact penalty for the possession of criminal tools varies from state to state, but it's a fairly serious charge. In Ohio, for example, the possession charge alone is a first-degree misdemeanor, which can net up to 6 months in jail and $1,000 fine. If the charge is pressed in addition to a related crime, you can be charged with a fifth-degree felony. That can result in up to a year in jail and a $2,500 fine.

Talk to your attorney, like Putnam Lieb, about the possibility of having the charges reduced with a plea or about the possibility of showing that you had possession of the items for some other purpose. You may also be able to challenge the evidence if there are any issues with the search and seizure of those items—there's always the possibility that a warrant wasn't properly obtained or that the police acted without probably cause.