Understanding Loitering Laws in St. Louis
Loitering is a criminal offense that involves the prolonged presence of a person or group of people at a location without an apparent purpose. It can also involve walking around aimlessly, sitting in a vehicle, or standing near one. In St. Louis, you are not allowed to loiter in any public area at a time or in a way that is not reasonable or usual.
Don't let these charges ruin your future. Call Combs Waterkotte's St. Louis loitering defense lawyers at (314) 900-HELP for an immediate consultation.
A police officer can command you to move if they believe you might breach the peace or if they think that you are disturbing any other person acting lawfully or causing them to fear for their safety. They can also tell you to move if they believe you are obstructing or attempting to obstruct the normal flow of vehicular or pedestrian traffic.
If you don’t comply with a law enforcement officer’s request to leave the area, you can face a charge of loitering, which is a misdemeanor and carries fines in St. Louis of no less than $25 and no more than $500.
Similar to loitering is the offense of peace disturbance. You can be charged with this crime if you are in a public or private space without consent and cause inconvenience to others by obstructing pedestrian or vehicular traffic or the free entrance to or exit from a public or private place.
A first conviction for peace disturbance is a Class B misdemeanor, but subsequent convictions can be Class A misdemeanors and carry fines up to $5,000 as well as up to a year in jail.
Those who have certain previous criminal convictions face further restrictions and heavier penalties. This applies to those convicted of:
- Endangering the welfare of a child
- Incest
- Using a child in a sexual performance
- Sexual exploitation of a minor
- Promoting a sexual performance by a child
- Promoting child pornography
- Providing pornographic materials to minors
If you’ve been convicted of any of these charges, you can’t be present or loiter within 500 feet of a public park, swimming pool, or museum if the location caters mainly to those under 18. A first conviction for this charge can be a Class E felony, while subsequent ones will be Class D felonies.
Another common charge associated with loitering involves prostitution, including patronizing and promoting it. Charges can range from Class B misdemeanors to Class B felonies.
Consequences of a Loitering Conviction in St. Louis, MO
Being charged with loitering can mean spending time behind bars and paying serious fines. The penalties are harsher if you have previous offenses or if other circumstances transform the charge into a higher misdemeanor or a felony.
Even if you don’t spend a significant amount of time in jail and the fines are manageable, there’s one consequence of a conviction that can linger for the rest of your life: a criminal record.
Limited Employment
One of the first things that a St. Louis loitering conviction can do is significantly impact your job opportunities. Many employers don’t hire people with criminal records of any kind, and you could be barred from entire professions, such as banking. Some government jobs would also not be available.
It’s possible to lose your professional license, too, which could prevent you from working at the vocation for which you’ve been trained.
Housing Problems
With a criminal history, it can be very challenging to find somewhere to live. Landlords often reject applications from those with criminal records. You could struggle to secure a loan to purchase a home, and you may not be able to live in public housing, either. All of this puts you in danger of homelessness, which further curbs your future opportunities.
Educational Limits
A criminal conviction can prevent you from pursuing further education. You might not be able to get loans and, depending on your charges, could not be allowed near people who are underage.
Effects on Civil Rights and Immigration
Your civil rights could also be affected by an arrest. A felony conviction for a loitering-related crime will prevent you from owning a gun. In Missouri, you won’t be able to vote until you finish serving your sentence, including probation.
If you’re not a citizen of the United States, a criminal conviction could put your immigration status in peril. You might face deportation.
Social Stigma
There’s no question that people look at those who have criminal records differently. You may lose friends and struggle to build lasting relationships with a conviction hanging over your head.
Loitering Defenses in St. Louis
Because of the serious consequences that you could face if you’re charged and convicted of a crime, you need a criminal defense attorney to help you. At Combs Waterkotte, our team will evaluate your case and decide on the most appropriate defense for your charges.
We will investigate how the arrest occurred and whether there was enough evidence to arrest you for loitering. Sometimes, law enforcement only has circumstantial evidence that could be argued away. Other times, police officers may have failed to follow protocol to the letter, which means that we can ask the judge to dismiss your charges.
Loitering charges can be highly subjective. What one officer views as suspicious behavior could be seen as completely normal by someone else. We can fight to prove that there was no probable cause for your arrest.
If there was a reason for you to have been at the location where you were charged with loitering, we will focus on demonstrating that you were, in fact, not breaking the law. We can call on witnesses and produce evidence that shows you were there legitimately.
