Attorney’s Guide to Loitering and Prowling Charges in Florida
Understanding the elements of Loitering and Prowling charges in Florida is crucial when faced with such allegations. Under Sec. 856.021 of the Florida Statutes, the key elements are:
- A person loitered or prowled in a place, at a time, or in a manner not usual for law-abiding individuals, and
- The circumstances warrant reasonable alarm or concern for the safety of persons or property in the vicinity.
Penalties for Loitering and Prowling in Florida
Loitering and Prowling is considered a second-degree misdemeanor in Florida. It can carry hefty penalties, including up to 60 days in jail or 6 months of probation, and a $500 fine.
|Loitering and Prowling
||Up to 60 days in jail, 6 months probation, $500 fine
Fighting a Charge of Loitering and Prowling
At Leppard Law, our experienced criminal defense attorneys use a variety of strategies to challenge the State’s case or prove your innocence, such as:
- Motion to suppress evidence that was obtained in violation of your constitutional rights
- Presenting evidence that undermines the charge
- Developing an effective alibi defense
Expanding on Defense Strategies
When defending against a loitering and prowling charge, it’s essential to understand the different strategies that can be used. Here are three common defenses:
Motion to Suppress: This legal move challenges the legality of how the evidence against you was obtained. If the court agrees that your constitutional rights were violated during the collection of evidence, the disputed evidence can be deemed inadmissible in court. This could significantly weaken the prosecution’s case against you.
Insufficient Evidence: Another strategy is to show that there is insufficient evidence to support the charge. The prosecution must prove beyond a reasonable doubt that you committed every element of the crime of loitering and prowling. If there are gaps in the evidence, or if the evidence is unreliable or inconclusive, it might be possible to argue that the case against you is not strong enough.
Alibi Defense: An alibi defense involves providing evidence that you were somewhere else when the alleged crime occurred. This could include witness statements, surveillance footage, or other proof that you were not at the scene of the alleged crime at the relevant time. Each case is unique and the specific defenses that are available will depend on the circumstances. At Leppard Law, our experienced attorneys will thoroughly analyze the details of your case and develop the most effective“`html
defense strategy for you.
Frequently Asked Questions (FAQs)
What constitutes loitering and prowling?
Loitering and prowling involve being in a place, at a time, or behaving in a manner that is unusual for law-abiding individuals, causing reasonable alarm or concern for the safety of people or property nearby.
What are the penalties for loitering and prowling in Florida?
Loitering and prowling is a second-degree misdemeanor in Florida. Penalties can include up to 60 days in jail, six months probation, and a fine of up to $500.
What defenses are available for loitering and prowling charges?
Some possible defenses include a motion to suppress evidence, showing insufficient evidence to support the charge, or providing an alibi proving you were elsewhere at the time of the alleged offense.
How can an attorney help with a loitering and prowling charge?
An experienced criminal defense attorney can evaluate your case, identify potential defenses, negotiate with prosecutors, and represent you in court. They can also guide you through the complex legal process and protect your rights.
Why should I choose Leppard Law to represent me?
Leppard Law has years of experience in criminal law, and our attorneys have defended thousands of Central Florida residents. We’re committed to fighting for our clients’ rights and providing the best possible defense.
Leppard Law understands the frightening situation you face when accused of committing a loitering and prowling crime. Our knowledgeable criminal defense attorneys are here to fight for your rights and ensure you’re not alone in this tough time. Your initial consultation is always free. We are available 24/7, contact us via text or phone at 407-476-4111.
If you or someone you know have been accused of or arrested for Loitering and Prowling, it’s time to hire an experienced criminal defense attorney. Leppard Law is ready to fight for your rights and offer the best defense possible. Don’t wait – reach out to us today and let’s start building your defense.