Loitering or prowling essentially means that a person is lurking or skulking about under circumstances warranting alarm for the safety of others in the vicinity. You are acting like a suspicious creep in a place where you don’t belong. For example, assume that you are going to rob a bank on a Sunday night. The plan is that you are going to get on the roof and cut a hole above the vault, drop down into said vault and make off with millions. In preparation for the heist, you scope out the bank. You take measurements, pictures, and whatever else bank robbers do. Unfortunately for you, a police officer drives by and sees you acting suspiciously; its Sunday and the bank is closed.
Defense To Loitering:
One defense to Loitering is that you had a right to be where you were discovered. You provide a rational explanation. Assume in the above hypothetical that you explain to the officer that you are simply examining the bank because you are a landscaping contractor who is going to start work first thing Monday morning. Sounds legit. Having a rational, reasonable explanation for your presence is a defense to loitering.
Take Action!
Although loitering isn’t the crime of the century, it is still a crime that is reflected on your record. In addition to exposing, you to potential incarceration and high fines, a Loitering conviction carries additional consequences, such as not being able to get the job you want or the security clearance you need.
Hayes offers free consultations. Unlike other Main Street firms, we believe that our clients deserve access to an aggressive defense at an affordable price. Call today.