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Loitering falls under the Chapter
containing public drunkenness and house parties. It is a
misdemeanor of the second degree with a maximum penalty of 60 days in
jail and up to 6 months probation. Often times the arrest is made
on mere suspicion and does not hold up in court where the standard is
beyond a reasonable doubt. However, many people take the offer of
a fine and court costs at their first appearance and think they have
gotten off well. Accepting a plea to a criminal offense is never a
"good" thing. It usually has a crippling effect on a person years
down the road when they are trying to get a decent job or apartment.
A minor offense such as loitering and prowling, disturbing the peace,
resisting arrest without violence, can have a serious impact without an
experienced attorney defending you.
If you would like to contact Eric J. Dirga
for more information regarding your situation please call (407) 841-5555
or email your information HERE. |
§856.021, Fla. Stat.
(2005): Loitering or prowling; penalty.--
(1) It is unlawful for any person to loiter or prowl in a place, at a
time or in a manner not usual for law-abiding individuals, under
circumstances that warrant a justifiable and reasonable alarm or
immediate concern for the safety of persons or property in the vicinity.
(2) Among the circumstances which may be considered in determining
whether such alarm or immediate concern is warranted is the fact that
the person takes flight upon appearance of a law enforcement officer,
refuses to identify himself or herself, or manifestly endeavors to
conceal himself or herself or any object. Unless flight by the person or
other circumstance makes it impracticable, a law enforcement officer
shall, prior to any arrest for an offense under this section, afford the
person an opportunity to dispel any alarm or immediate concern which
would otherwise be warranted by requesting the person to identify
himself or herself and explain his or her presence and conduct. No
person shall be convicted of an offense under this section if the law
enforcement officer did not comply with this procedure or if it appears
at trial that the explanation given by the person is true and, if
believed by the officer at the time, would have dispelled the alarm or
immediate concern.
(3) Any person violating the provisions of this section shall be guilty
of a misdemeanor of the second degree, punishable as provided in s.
775.082 or s. 775.083.
History.--s. 1, ch. 72-133; s. 1384, ch. 97-102.
§856.031,
Fla. Stat. (2005): Arrest without warrant.--Any sheriff, police officer,
or other law enforcement officer may arrest any suspected loiterer or
prowler without a warrant in case delay in procuring one would probably
enable such suspected loiterer or prowler to escape arrest. |
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