Charlotte Criminal Lawyer Blog
Loitering Charges in North Carolina
When someone stays in a public space for too long without any reason, they may be accused of loitering. Generally, when someone is loitering, the police will ask them to leave. When a person remains in an area that does not allow loitering, they could be charged with a crime. It is most often charged in areas of high crime rates, where gang activity happens, or places where drug transactions are known to occur. A knowledgeable criminal defense attorney will help you protect your rights and resolve the matter.
What is Loitering?
Loitering is unlawfully staying in a public area where no trespassing or loitering is allowed. Loitering is similar to trespassing but occurs in a public place. The law defines a public place as “any street, sidewalk, bridge, alley or alleyway, plaza, park, driveway, parking lot or transportation facility, or the doorways and entranceways to any building which fronts on any of those places, or a motor vehicle in any of those places, or any property owned by the town.”
Generally, loitering may take place in any public area. There may be signs that specifically indicate “no loitering” allowed. However, loitering can occur in spaces where there is no signage. In many cases, law enforcement will give people the opportunity to disperse or leave on their own. If you don’t obey, you could be charged with loitering. Sometimes, loitering is charged in conjunction with other charges, such as drug possession or other drug-related charges.
Trespassing
Trespassing and loitering are similar crimes. Loitering is being in a place for an extended period of time with no real reason for being there. Trespassing is staying on a property when you aren’t allowed to be there. You may be trespassing when you don’t have permission to be somewhere. In some cases, a store or other private property may choose to “trespass” someone from their premises. The police may issue a trespassing warning stating that you are no longer allowed on the property. If you return, you could be arrested.
Loitering for Drug-Related Activity
Loitering for drug-related activity is a crime that occurs particularly in areas where there is a high crime rate. If an area is known to be a place where drug transactions commonly occur, the police may be less tolerant of loitering. Loitering for drug-related activity means that you are likely also charged with a drug crime. Often, these types of charges include possession or possession with intent to distribute. These can be quite significant charges and, if convicted, may carry a substantial sentence. You will want to vigorously fight any type of loitering charges to protect your record and prevent further consequences.
If you are charged with a crime, you will want to speak to an experienced criminal defense attorney as soon as possible. Do not delay because your attorney will need to collect and evaluate evidence in the case to defend the matter. Contact us at Arnold & Smith, PLLC, at (704) 370-2828 to talk to our legal team as soon as possible.
PLLC, at (704) 370-2828 to discuss your legal needs today.
The criminal defense attorneys at Arnold & Smith, PLLC make it their mission to zealously defend their clients on a wide range of criminal matters at both the state and federal levels. These matters may include any charge from traffic offenses; DWI/DUI; drug charges (from simple possession to possession with intent to distribute and trafficking); gun permit denials; weapons offenses; and property crimes (larceny, breaking and entering, robbery, fraud, embezzlement, white collar offenses); to sexually related offenses (indecent exposure; sexual assault, crimes against nature, removal from sex offender registry); and violent crimes (domestic violence; assault; manslaughter; homicide, murder). Other legal issues that Arnold & Smith, PLLC criminal clients may be facing include restraining orders, restraining order and probation violations, expungements; appeals; and immigration issues related to criminal charges. Our criminal defense attorneys are passionate about ensuring that individuals empower themselves by being informed about their constitutional rights and stand at the ready to fight in the defense of those facing criminal charges.
Source:
https://www.law.cornell.edu/wex/trespass
https://www.law.cornell.edu/wex/loitering
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https://www.freeimages.com/photo/philadelphia-street-1226097
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