All About Loitering

Almost every person has teenage memories of hanging out with their friends outside their favorite store or restaurant just for the fun of it. Everyone has at least one story of a cranky store manager or fellow shopper who told them that they couldn’t hang out on store property and asked them to leave. However, it may not be common knowledge that a person can be arrested for hanging out on public property under certain circumstances. If a person was arrested for spending time on public property, then they have been arrested for loitering.

What Is Loitering?

Loitering is simply the act of remaining in a public space for an extended period of time seemingly without any specific purpose of being there. However, the law does distinguish between people who mean no harm and those who are clearly a nuisance or potential danger. Obviously, those who are acting suspiciously or seem to want to commit some other type of crime will be more likely to hang out when asked to leave and arrested for sticking around. Loitering does not have to be an illegal act, and most of the time it can be resolved without police or legal actions taking place.

Most of the time, if a person (or group of people) that is loitering is asked to leave public premises and complies, the authorities will not be involved. However, if an individual refuses to leave or returns to the public location within a certain amount of time, then they can be arrested for failure to disperse. In Utah, failing to move or returning to the location within 8 hours of being asked to leave may result in an arrest.

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Loitering Examples

There are many different kinds of loitering instances. However, some of the most common types of loitering that lead to arrests include:

Obstructing the entrance to a public place.
Hanging out in an area with a posted “No Loitering” sign.
Spending time on a street corner with no apparent reason for being there.
Standing or sitting outside a business for a long period of time.

Penalties

The penalties for loitering are typically minor if the person who has been arrested was not committing other crimes simultaneously. Loitering is typically charged as a misdemeanor, which has less severe consequences than a felony charge. There are many different types and classes of misdemeanors with a wide variety of different types of penalties, which are further varied by state laws. In Utah, loitering is typically punishable by community service or fines.

Do You Need A Criminal Defense Attorney?

If you have been arrested for loitering or another crime, you may want to consider reaching out to me, Zachary Holbrook, for criminal defense actions. I can help you better understand the specifics of your case and find the most suitable way to resolve the case. Loitering penalties and consequences can vary by state, which is why you need an attorney to explain Utah’s unique loitering laws. I can offer legal services including case reviews, representation in court, and help reading legal documents. For more information or to get in contact with me, feel free to reach out today.

DUI Arrests

The holidays are here and with them come many different types of emotions and experiences for different individuals. For some, the holidays are happy and joyful and for others, they are painful and lonely. These polarized sets of emotions can lead to drinking alcohol and lots of it. When a person who has been drinking gets behind the wheel, it can be dangerous for them and for others and can lead to a DUI arrest. But does the number of DUI arrests increase during the holidays? Continue reading to find out.

What Is A DUI?

Firstly, what is a DUI? DUI is an abbreviation of the phrase “driving under the influence.” Driving under the influence simply means driving a vehicle while intoxicated by alcohol or other drugs. This behavior is sometimes referred to as “drunk driving” and is very dangerous, which is why DUI arrests occur. A DUI arrest happens when an individual is taken into custody after being caught driving under the influence. Driving under the influence is never a good idea, for more than one reason. However, there are nuances to every DUI case, which is why it is important to contact a qualified attorney if you have been arrested due to driving under the influence.

Do DUI Arrests Happen More Frequently During The Holidays?

Do DUI Arrests Occur More Frequently During The Holidays

The quick answer to the question of whether DUI arrests occur more frequently during the holidays is yes. The time from Thanksgiving to New Year’s sees an increase in the amount of drinking due to the raised and lowered emotions, as previously mentioned. However, heightened emotions during the holidays are not the only reason why people drink more. More parties and more opportunities to drink may also be to blame.

Due to the increased drinking, car accidents and DUI arrests happen at a much higher rate during the holidays. New Year’s Day averages out to have the highest number of drunk driving-related deaths with 116% more deaths than the average. It is the most dangerous day for drunk driving. The third most dangerous day for DUIs is Thanksgiving. So yes, more DUI arrests occur during the holiday season than in other parts of the year.

What To Do If You Have Been Arrested For Driving Under The Influence

If you have been arrested for driving under the influence, it is crucial that you reach out to a DUI defense attorney. Being arrested for a DUI is not the same thing as being convicted of a DUI. An experienced and skilled attorney will be able to build an effective defense. I, Zachary Holbrook, am a qualified DUI defense attorney who is passionate about making sure that each and every one of my clients is protected during this time of uncertainty. It is my job to analyze the evidence, find the truth, and give my client a fighting chance. I work to ensure my clients’ constitutional rights are upheld.

Do You Need A DUI Defense Attorney?

If you have been arrested due to driving under the influence, it is important to have an attorney who has your back. Picking a DUI attorney can be a difficult task. Everywhere you look there are different lawyers advertising their services, how can you know which one you should pick? Well, I, Zachary Holbrook, am going to make it easy on you. I am able to provide my clients with criminal defense and DUI defense services that are based on vast experience. I will do my best to reach a result that is favorable for you in your situation. For more information, feel free to contact me or check out my website.

The legal system in the United States is typically broken down into two different types of legal cases, civil offenses, and criminal offenses. It is key to understand the differences between them as they have separate consequences and are perceived differently by society. If you are interested in learning more about civil and criminal offenses, continue reading this article.

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Civil Offenses Vs. Criminal Offenses

Firstly, it is important to understand what civil law and criminal law are. Civil law applies to disputes between members of a community (whether they are individuals or businesses) that do not amount to violations of the law. Criminal law addresses crimes and the punishments that accompany them. The consequences that go along with criminal convictions are typically much more severe than those for civil offenses.

Types Of Actions That Are Involved

Civil cases are brought by filing a lawsuit and include defamation, breach of contract, property damage, personal injury, and divorce disputes. Criminal cases result from a government entity filing charges against an individual; these include homicide, assault, DUI, theft, robbery, and possession and/or distribution of an illegal substance, as well as traffic violations.

The Kinds Of Punishments That Are Levied

A defendant in a civil case can be found liable or not liable. If found liable, the punishment is typically monetary, resulting in an order to pay compensatory or punitive damages. Generally, by being civilly liable, an individual does not face incarceration.

A defendant in a criminal case can be found guilty or not guilty. Being found guilty often results in a fine, community service, and/or court-ordered education. Convictions do not always result in a jail or prison sentence, but it is a possibility on more serious charges.

Standard Of Proof

To prove a civil offense occurred, the party bringing the lawsuit needs to meet one of two standards, depending on the type of case. The first one is Preponderance of the Evidence, meaning that it is more likely than not that a person is liable. The second one, Clear and Convincing Evidence, is a higher standard that requires the judge or jury to determine that it is highly probable that the allegations occurred.

Criminal offenses are held to a higher standard, which is Beyond a Reasonable Doubt. The prosecution must prove to the judge or jury that there is no other reasonable explanation that can come from the evidence presented at trial.

Do You Need Legal Representation?

Whether you have been charged with a civil or criminal offense, it is important to reach out to legal professionals to represent you should your case go to court. Even if your case is settled outside of the courtroom, you would likely benefit from legal assistance. I, Zachary C. Holbrook, am a knowledgeable criminal defense attorney with extensive experience with cases in a variety of practice areas including criminal defense, family law, and estate planning. If you are in need of legal assistance, or representation, or would simply like a case review, feel free to reach out to my law office today.