Recently, a man in his twenties pulled over his car to avoid texting and driving. While stopped in front of a residential housing area, security guards approached his vehicle and asked the young man to move. After driving and parking his car near a strip mall that was under construction, the police were called. When they asked the man why he was there and he didn’t cooperate, they arrested him on charges of loitering and prowling in addition to obstruction. Facing jail time, probation, and other collateral consequences, the young man knew he needed the skilled legal help of a Sarasota criminal defense lawyer.
Attorney Erika Valcarcel immediately got to work on this man’s case, and started with an investigation of the location where her client was arrested. In Florida, multiple elements need to be present for a loitering and prowling conviction to be obtained, including:
- 1. The defendant loitered and prowled in a place, at a time, or in a manner not usual for law-abiding citizens.
- 2. Such loitering and prowling were under circumstances that warrant a justifiable and reasonable alarm or immediate concern for safety of persons or property in the area.
Upon concluding her investigation of the location, which was empty due to it being under construction, attorney Valcarcel prepared a letter that was sent to the prosecutor. In the letter, she stated that for a loitering and prowling charge to stick, there has to be a future crime that is going to occur. Since the strip mall was empty and there were no items of value that could have been stolen, attorney Valcarcel argued that her client’s actions didn’t rise to the level of a crime. The state agreed, and the young man’s charges were dropped.
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"Erika Valcarcel, Criminal Defense Lawyer, P.A. is the best you will find. Erika Valcarcel is completely honest and straightforward. She took a huge burden off my shoulders many times during difficult periods of my life knowing that she was doing everything that that could and should be done. Her knowledge is extensive and her advice has always been right on the mark. She is worth every penny of the fee she charges. You cannot go wrong securing her services."
Joni A. | Sarasota County
Domestic Violence Charges Dismissed in 10 Days
When a client was arrested for battery after an altercation with his girlfriend, he immediately contacted attorney Erika Valcarcel. The client was adamant that the entire situation was a misunderstanding, but nevertheless he was looking at a domestic violence conviction and potentially up to a year in jail. We acted fast on his behalf and discussed the situation with the State attorney’s office. We informed the prosecutor that our client's girlfriend did not want to proceed and highlighted the weaknesses in their case. Once they were aware of these developments, we successfully arranged to have the charges dismissed. This was all before our client's first court date and impressively all done within 10 days of the initial arrest.
