Loitering In Los Angeles – California Penal Code 647
Loitering is not a Penal Code Section that is used that often, but when it is, the police use it because someone is lurking in an area where they're not supposed to be. A lot of times, to get hit with a loitering charge in Los Angeles and criminally prosecuted, they will have to warn you that you cannot loiter in a particular area.
You can't stay in a certain area, peek in a certain area or wander in a certain area. So, the loitering charge pursuant to Penal Code Section 647 really has to do with trying to protect a certain area so that people cannot go there and get themselves in a position where they can cause trouble to people.
I was just in one of the courthouses in Los Angeles—a civil courthouse—and it had a no loitering sign, and they were using Penal Code Section 647.
Basically, they're trying to keep people away from the courtroom doors because there is a lot of business and activity going on there, and they don't want people to be able to stand there and maybe intimidate other people.
I also see loitering issues that are prevalent, where people are actually getting prosecuted in the Los Angeles area when they're near a dark area.
Maybe the police are concerned that if they don't put a No Loitering sign, drug activity can go on in that location because it's out of view of the public. Other crimes they don't want can be committed there, so they'll put that No Loitering sign there.
They would put the No Loitering sign in place and prosecute and arrest people near businesses that don't want certain unsavory characters around their premises.
Avoiding a Conviction
So, if you're charged with loitering, it is an uncommon charge. A lot of times, if I've got a loitering charge in Los Angeles in one of the courts, I can try to work out some sort of resolution where either the case is dismissed outright, or there is some sort of diversionary tact taken on the case so that the person doesn't end up with any conviction.
Loitering is not the crime of the century, but nobody wants to be charged with any crime. So, if you're accused of violating Penal Code Section 647 or any other loitering or prowling-related offenses, you should get with an attorney immediately.
Let them handle it for you so you can end up with a result that doesn't stay on your criminal record and so that you're protected. When you try to get a job, or your background is read, you don't have this arrest or conviction for a loitering charge on your criminal record.
Now, suppose you have a loitering charge, and it relates to any sexual activity. In that case, if they believe you're loitering to do something about minors or anybody else, that's a lot more serious, and that's something that is going to be more challenging to deal with. You'll want to get an attorney who has successfully dealt with this loitering charge.
