DEMANDING IDENTIFICATION FROM LOITERERS
In many states, loitering is illegal. Loitering is typically the action of wandering from place to place without any apparent business. Normally, the court must prove that the accused posed some sort of threat to society or public safety in order to charge that person with the crime. If a police officer sees a person that is loitering, normally that officer can demand identification and an explanation of the persons’ personal activities. If the person fails to comply, then the officer can arrest him or her. Laws are very specific that an officer must have observed that an individual was loitering before asking for identification.
Many people argue that officers use loitering laws to clear neighborhoods of homeless or undesirable people who tend to congregate on the streets. Some courts believe that these laws are unconstitutional on the grounds that they are discriminatory against the poor people. The safest place to challenge the validity of a loitering law or loitering arrest is in the court room. You will want a hardworking Houston criminal defense attorney to assist you if you believe that you mistreated on the grounds of loitering and want to set the record straight.
With a Houston criminal defense lawyer from The Martinez Law Firm on your side, you may be able to show that your arrest was discriminatory, unconstitutional, or unwarranted. You may also be able to show that you were in a specific place for a specific reason. If you were not granted the right to remain silent during your arrest, and were taken into custody because you failed to answer an officer’s questions, then you can also argue that this is a violation of you Miranda Rights. Contact an attorney at The Martinez Law Firm to discuss your specific case in detail with a trusted professional!