Vagrancy is a crime that makes it illegal for a person to wander from place to place without a means of support. Oftentimes homeless people can be considered vagrants because they are constantly moving from one place to another without any occupation or means of payment. States normally used vagrancy laws in the past to arrest and prosecute homeless and poor people who were cluttering city streets. In some cases, police have used vagrancy laws as a way to criminalize unemployment, alcohol or drug addiction, prostitution, or homelessness.
It is easy to abuse vagrancy laws, which is why the United States Constitution must be held up as a mirror in all vagrancy cases. Oftentimes vagrancy laws can be termed cruel and unusual punishment because in some case vagrancy is beyond the person's control. For example, if an individual lost his or her job and has no place to stay, he or she has no choice but to wander the streets looking for a place to sleep. To be arrested and tried for vagrancy would be cruel and unusual because this individual was left with no other choice.
Courts have declared that it violates tenets of fairness to jail someone because of a medical problem, mental illness, addiction or financial catastrophe that landed them on the street. On the other hand, police are permitted to arrest homeless people who have possession of controlled substances. They can charge them under drug laws and give them just penalties for these law violations.
Many individuals also dispute vagrancy laws because of their vagueness. The laws of the United States must be written so that any ordinary person could determine exactly what acts are prohibited under the umbrella term of the law and what people must do to avoid criminal prosecution. Vagrancy laws often lack clear guidelines for conduct.
This uncertainty violates a person's rights to the due process of the law. Vagrancy laws can involve loitering and are often challenged in court based on the premise that they are too vague. In many cases, individuals are able to successfully prosecute these ideas. Vagrancy laws can sometimes also involve disorderly conduct or public intoxication. Also, laws against sleeping outside or begging can often be under the umbrella term vagrancy.
Generally, vagrancy laws are considered misdemeanors, and disorderly conduct and public intoxication are also prosecuted as misdemeanors. This means that offenders can be punished in a public or local jail or be forced to pay a fine. They can also be required to serve probation as a result of the offense.
If you are charged with vagrancy, disorderly conduct, public intoxication, or another crime affecting the public of this nature, then you need to talk to a local criminal defense attorney promptly. You may be able to argue your way out of your charges, especially if you were arrested primarily on the basis of being homeless. Attorneys often successfully challenge these laws on the basis that they are unfair. You may be able to use these same arguments in your vagrancy if you have the right criminal defense attorney there to assist you.
You have the right to an attorney, and it is always wise to maximize these laws to the fullest by hiring a reliable and hardworking attorney today. With the right lawyer on your side, you will be able to seek justice in your case and avoid unfair penalties for crimes you didn't intend to commit. Hire a lawyer near you today if you have been charged with a vagrancy crime and want representation in your local court!
