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Legal Topics > Criminal Law and Police > General/Other - Criminal Law and Police > Misdemeanors

What is Loitering?

What is Loitering?
Loitering is defined as lingering or "hanging around" in a public place. The key to loitering is lingering with no purpose for being there. A common example is when high school students "hang out" in front of the local liquor store. Many states have local ordinances against loitering. As a result, the police have the power to arrest people for loitering.

Don¿t I Have the Right to " Hang Out" Wherever I Want to?
Loitering laws are often challenged as being a violation of people's rights. However, local laws often have time, place, or manner restrictions that only make some types of loitering illegal. For example, a person can loiter in a park but not in front of a hospital. Or a local law might make loitering by minors during school hours illegal. The more specific a loitering law, the less likely a challenge against it will work.

What are the Consequences of Being Charged with Loitering?
Loitering is somewhat an insignificant crime, although loitering does have the potential to incite more severe crimes. As a result, the consequences for loitering can be among the following:

  • Fines
  • Community service

Should I Get an Attorney if Accused of Loitering?
Even though loitering is often a very small violation, you may still want to consult an attorney. For example, you may feel unjustly harassed or were falsely arrested by the police. If this is the case, it is possible to be compensated. Consult with an attorney to learn more about your rights, defenses, and the complicated legal system.

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