Rossi, Michael J. Hudson, David L. Alex Aichinger. Loitering Laws [electronic resource]. Other articles in Categories of Laws and Proposed Laws. Want to support the Free Speech Center? Donate Now. Morales Coates v. About the Encyclopedia. Interested in First Amendment current events? Consequences for criminal misdemeanor charges could also depend on the exact type of violation involved.
Alternatively, the consequences for drunk driving can involve mandatory DUI classes and other measures. Something else to consider is what class of misdemeanor has been assigned to the crime. Classes of misdemeanors are usually associated with set penalties. An example of a typical penal code may prescribe the following penalties for each misdemeanor class:. Per usual, each state could have different names for the misdemeanor classes.
Additionally, punishments are dependent on state laws, as well as the circumstances surrounding each case. An example of this would be that repeat offenders generally face higher misdemeanor penalties than a first-time offender would for the same type of crime. States may specifically list a distinct punishment for a certain crime, even if it is classified in a set misdemeanor category. As mentioned above, many jurisdictions enforce prohibitions against loitering by minors, i.
Such prohibitions are generally enforced during certain hours, such as between the hours of p. Alternatively, minors may be prohibited from loitering in specific areas. The most common examples of this would be vacant lots, roads, or alleys. As always, local laws could vary in how they define what constitutes loitering by a minor. Violations could result in a small fine. Additionally, the parents of the minor could be found liable, if they knowingly allow their child to loiter illegally.
City ordinances that address loitering by minors claim to protect minors from dangers such as exposure to high-crime areas. It is important to note that the way in which these ordinances are enforced is generally racist. Such laws often heavily overlap with gang loitering ordinances. A gang loitering ordinance is a specific type of gang injunction.
Such injunctions are aimed at preventing gang members from congregating or loitering in designated areas. Generally speaking, gang ordinances are instituted in areas with high crime rates as an attempt to curb the level of illegal activities in the city.
If a city gang loitering ordinance is in effect, the local police have the authority to order a group of people to disperse from the public place. This remains true even if they have not yet engaged in any particular illegal activity. Furthermore, the police usually need only the minimum amount of suspicion or reasonable belief that the loiterers are members of a particular gang, which they have identified beforehand.
Police often make an arrest based on the injunction if they feel it is necessary. Additionally, once an arrest is made, the arresting officers may then conduct a search incident to a lawful arrest.
This means that the police would be able to search the arrested person for illegal items, such as drugs. There are many benefits to hiring a lawyer for help with loitering charges.
An experienced and local criminal lawyer can help you determine whether there are any legal defenses available to you based on the specifics of your case. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship. Contact St. Contact Us Now. Firm Practice Areas. Jacksonville Criminal Defense Lawyers. Criminal Offenses. Loitering or Prowling.
Loitering or Prowling is defined in Florida Statute Section To prove Loitering or Prowling, the State must prove that the person loitered or prowled in a place, at a time, or in a manner that isn't usual for individuals who are engaged in law abiding conduct and the State must prove that the circumstances warrant justifiable and reasonable alarm or immediate concern of the safety of property or people within the area. What circumstances would cause alarm or immediate concern?
Can a police officer arrest me for Loitering or Prowling just because I'm somewhere they think is unusual? Fields v.
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