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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.

1. The accused must loiter or prowl in a manner unusual for a law-abiding citizen.
2. The factual circumstances must establish that the accused's behavior is alarming in nature, creating an imminent threat to public safety.

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.

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.

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The material on this page represents general legal advice. Since the law is continually changing, some of the provisions contained here may be out of date. It is always best to consult a criminal defense attorney about your legal rights and responsibilities regarding your particular case.

The hiring of a Florida criminal lawyer is an important decision that should not be based solely upon advertisements. Before you decide, ask us to send you free written information about our qualifications and experience. This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice or the formation of a criminal defense lawyer / client relationship.

Contact Criminal Defense Lawyer Charley Demosthenous

If you have been arrested or charged with a crime, please contact Tampa Criminal Defense Attorney Charley Demosthenous today. The sooner you contact me, the sooner I can establish a defense on your behalf.

The initial consultation is free of charge and I will inform you of possible defense strategies and/or remedies. I am available 24 hours a day, 7 days a week. (813) 857-8237

Serving all of the Tampa Bay Area and Throughout Florida.

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William S. Foley, P.A.
Divorce and Family Law

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