Q: My son was recovering a trash item in front of a residence.( set on the street). He was picked up for loitering. Why?
A:
This is a very good question.
The Georgia code §16-11-36 states that a person commits the offense of loitering or prowling when he is in a place at a time or in a manner not usual for law-abiding individuals under circumstances that warrant a justifiable and reasonable alarm or immediate concern for the safety of persons or property in the vicinity.
I would advise that you request and secure the arrest report from the Police Department which will probably tell you the police officer's perspective on why he believed that your son's conduct amounted to loitering.
Based on the limited information that you provided, it is my legal opinion that your son potentially does have a strong defense to the case but myself or any other attorney who gets involved in the case will need more information about the facts to form a complete opinion about the case and defense!
I am a criminal defense attorney with 24 years experience. Please do not hesitate to call me should you need to discuss my case evaluation and fee quote further.
Good luck and stay safe!
Sean McIlhinney, Esq.
Cell: 404-932-3099
sean@ms-firm.com
A:
I agree with my colleague. More information is needed before a more definitive answer can be provided. It is best to contact an attorney as soon as possible who can assist you with the specifics of your son’s case.
We are glad to assist. Contact us whenever you are ready.
We wish you well.
-The Upshaw Law Firm, (770) 240-0922.
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