Loitering and Prowling in Florida
If accused of Loitering and Prowling, you need to know the:
- Definition of Loitering and Prowling
- Penalties for Loitering and Prowling
- Defenses to Loitering and Prowling
Definition of Loitering and Prowling
The crime of Loitering and Prowling consists of two elements.
- The accused must loiter or prowl in a manner unusual for a law-abiding citizen. [1]
- The factual circumstances must establish that the accused's behavior is alarming in nature, creating an imminent threat to public safety. [2]
Under the statute, alarm is presumed "if the defendant flees, conceals himself or any object, or refuses to identify himself when a law officer appears. [3]
Penalties for Loitering and Prowling
The crime of Loitering and Prowling is a second degree misdemeanor punishable by any combination of:
- Up to six months of probation,
- Up to sixty days in jail, or
- Up to a $500 fine.
Defenses to Loitering and Prowling
In addition to the general pretrial and trial defenses that can be raised in any criminal case, some specific defenses to the crime of Criminal Mischief include:
Incomplete Offense
The crime of loitering and prowling must be complete before any police action occurs. Consequently, post-arrest actions by a defendant or evidence discovered incident to the arrest cannot be used, after the fact, to justify an arrest for Loitering and Prowling. [4]
Contact Criminal Defense Lawyer Richard Hornsby
If you have been arrested or charged with the crime of Loitering and Prowling in Orlando or the Central Florida area, please contact Criminal Defense Lawyer Richard Hornsby today.
The initial consultation is free and I am always available to advise you of the proper course of action that can be taken.
