Legal Question in Criminal Law in California

Daytime Loitering

I was cited for daytime loitering and I am told to appear in court. I looked up Daytime Loitering and It says loitering is being in a public place while school is in attention/session. If I was at a friends home during the school session is that considered a public place? Could I argue with that? And that brings up another question I drove their in my vehicle. Is my vehicle considered being in public. The article i read said daytime loitering is between the hours of 8:30 am and 1:30 pm. If I got to my friends house at 7:15 am, and am at his privite home is that considered loitering or a public place? And if I try arguing and fail will the punishment be more severe then if I didn't.


Asked on 4/23/04, 6:58 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Daytime Loitering

'Argue' means plead not guilty and go to trial if you don't work out an acceptable deal with the DA beforehand. If you are prepared to do so, ok. If you need to hire counsel, contact me.

Read more
Answered on 4/26/04, 1:28 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Daytime Loitering

Thank you for your posting.

You didn't mention what code section you are alleged to have violated, but loitering is defined as "wandering ... from place to place without apparent reason or business and refusing to identify oneself and to account for one's presence when requested by any peace officer to do so, if the surrounding circumstances are such as to indicate to a reasonable person that the public safety demands such identification." (California Penal Code Section 647(e)).

There are also many municipal code sections that may cover your case if you were charged with a particular city code. I can't tell from your question.

If you did have a municipal code section you are accused of violating, your defenses may work to show that certain elements of the crime can't be proven in any prosecution of the case.

I hope that this information helps, but if you want more information, have further questions, or feel that you need legal representation, please feel free to email me directly at [email protected]. It's my pleasure to assist you in any way that I can.

Read more
Answered on 4/23/04, 7:39 pm


Related Questions & Answers

More Criminal Law questions and answers in California