Maryland Criminal Law Section 6-206, commonly referred to as the “rogue and vagabond” statute, establishes fourth-degree burglary as a serious misdemeanor offense carrying potential imprisonment up to three years. In theory, the statute serves as a preventative measure, enabling law enforcement intervention before the commission of more serious offenses.
Statutory Framework
The Maryland Criminal Code delineates two distinct categories of fourth degree burglary. Section 6-206(a) addresses possession of burglar’s tools with criminal intent, while Section 6-206(b) pertains to motor vehicle-related offenses. The statute requires the prosecution to establish specific elements beyond reasonable doubt.
Rogue and Vagabond: Possession of Burglar’s Tools
Maryland law provides precise definitions of burglar’s tools, including traditional implements such as picklocks, bolt cutters, hammers, screwdrivers, and crowbars, as well as sophisticated devices capable of breaching solid materials. The McCray v. State decision expanded this definition to include common tools when circumstances suggest criminal intent. In Martin v. State, the Court sustained a conviction for rogue and vagabond where the incriminating tools, suitable for breaking and entering, were a drill, three screw drivers, a wrench and a pair of pliers; it was immaterial that they were designed and made for lawful uses.
Prosecutorial Requirements
To secure a conviction under Section 6-206(a), the State must demonstrate both possession of qualifying implements and circumstances indicating intent for criminal use. The landmark Martin v. State decision established that mere possession proves insufficient without evidence of criminal purpose.
Rogue and Vagabond: Motor Vehicle Provisions
Section 6-206(b) specifically addresses unauthorized presence in or upon motor vehicles. The prosecution must establish both physical presence and demonstrable intent to commit theft of either the vehicle or its contents. This provision carries equivalent penalties to tool possession charges.
Evidentiary Standards
Maryland courts permit circumstantial evidence to establish possession of burglar’s tools, as demonstrated in McGhee v. State. However, the prosecution bears substantial burden in proving criminal intent through timing, location, and contextual circumstances.
Defending Against Rogue and Vagabond Charges
Effective defense strategy begins with rigorous statutory analysis. The prosecution’s burden under Section 6-206 presents multiple opportunities for strategic intervention. Defense counsel must scrutinize every element, from tool classification to circumstantial evidence interpretation.
Criminal intent challenges often provide the strongest defense foundation. The Martin precedent requires prosecution to demonstrate intent beyond mere possession. Defense strategy frequently focuses on establishing legitimate purposes for implement possession and presence at the location in question.
Constitutional considerations, particularly Fourth Amendment protections, frequently support evidence suppression motions. Each police encounter leading to tool discovery warrants examination for potential constitutional violations. Procedural compliance analysis often reveals opportunities for evidence exclusion or case dismissal.
Expert testimony regarding common implement usage and professional applications can effectively establish reasonable doubt. Technical analysis often demonstrates legitimate purposes for contested tools, particularly in cases involving dual-purpose implements commonly possessed for employment.
Experienced, Award-Winning Representation
Stephen P. Shepard of Shepard Law provides experienced criminal defense representation throughout Baltimore County, Maryland and surrounding jurisdictions. Our Towson office offers comprehensive case evaluation and strategic defense development for individuals facing fourth-degree burglary charges.
Early intervention frequently proves determinative in rogue and vagabond cases. Experienced criminal defense representation ensures protection of fundamental rights throughout criminal proceedings.
Contact Shepard Law now at (410) 648-4008 if you have been charged with the offense of rogue and vagabond to schedule a confidential, free consultation with our award-winning criminal defense attorney.
