Florida is one of the most popular tourist destinations in the world, which is why it receives millions of tourists every year for its beautiful beaches, vibrant nightlife, and world-famous attractions. But what happens if your relaxing getaway takes an unexpected turn and you find yourself underarrest?
The Arrest Process in Florida
If you’re on vacation in Florida and get arrested for committing a crime, law enforcement will follow a specific procedure:
1. Detainment and Booking
After an arrest, you will typically be taken to the local police department or county jail for booking. This process involves taking your fingerprints, photographing you, and recording your personal information. Depending on the severity of the charge, you may be held in jail until your first court appearance.
2. First Appearance in Court
Within 24 hours of your arrest, you will appear before a judge for your first hearing. The judge will:
- Inform you of the charges against you
- Determine if there is probable cause for your arrest
- Decide whether you are eligible for bail and set an amount
For minor offenses, you may be released on your own recognizance, meaning you don’t have topost bail but must promise to return for future court dates. However, if you are charged with a more serious crime, you might be required to pay bail or remain in custody.
3. Bail and Release Options
If the judge grants bail, you (or someone on your behalf) can pay the required amount to secure your release. Many people use a bail bondsman, who typically charges a non-refundable fee (around 10% of the total bail amount).If you are released on bail, you must follow specific conditions, such as avoiding further legal trouble and attending all court hearings.
Common Reasons Tourists Get Arrested in Florida
There are several reasons why you could be arrested in Florida, but some stand out more than others:
Driving Under the Influence (DUI)
Florida has strictDUI laws, and law enforcement heavily patrols nightlife areas like Miami Beach, Orlando, and Key West. If you are caught driving with a blood alcohol concentration (BAC) of 0.08% or higher, you can be arrested, fined, and even face a license suspension—potentially impacting your driving privileges in your home state.
Public Intoxication and Disorderly Conduct
A night out can quickly take a turn for the worse if law enforcement believes you are too intoxicated in public. Disorderly conduct, public intoxication, or disturbing the peace can all lead to an arrest.
Drug Possession
Even small amounts of illegal substances can result in serious felony charges. Florida has some of the toughestdrug laws in the country, and possession of controlled substances—like cocaine, MDMA, or unauthorized prescription drugs—can carry severe penalties.
Battery and Assault
Altercations at bars, clubs, or even arguments with security personnel can lead toassault or battery charges. Even if you didn’t start the fight, you could still be arrested if law enforcement believes you were involved.
Theft and Shoplifting
Tourist-heavy areas are full of stores, and sometimes a misunderstanding at a checkout counter can lead to an arrest. Even minor theft charges can have lasting consequences, including fines, community service, or even jail time.
Can You Leave Florida After an Arrest?
Many tourists arrested in Florida wonder if they can return home while their case is pending. The answer depends on the nature of the charges:
- For Minor Offenses: If you are released on bail, you may be allowed to leave the state, but you must return for all required court appearances. Failing to show up can result in a warrant for your arrest.
- For Serious Crimes: If you are charged with a felony or a violent crime, the judge may require you to remain in Florida until your case is resolved. In some cases, your lawyer can appear in court on your behalf to minimize the need for you to travel back.
Ignoring your legal obligations can have serious consequences, including additional charges and extradition (being forcibly returned to Florida to face trial).
What Should You Do If You’re Arrested in Florida?
If you’re arrested while on vacation, stay calm andremain silent. Anything you say can be used against you, so don’t argue or explain—just state, “I want to remain silent.”
- Ask for a lawyer immediately. Do not answer questions withoutlegal representation, no matter how friendly the police seem.
- Don’t sign anything without legal advice. Law enforcement may pressure you, but signing documents without an attorney can hurt your case.
- Contact a Florida criminal defense attorney as soon as possible. A local lawyer can represent you, negotiate charges, and help you avoid serious penalties—even without you returning to Florida.
Contact a Criminal Defense Attorney Today
Facing criminal charges is never easy, but understanding these essential tips can help you navigate the process with more confidence. Whether you’re dealing with a criminal record in Florida, Miami-Dade County, or Broward County, getting the right help is crucial.
Criminal defense lawyer Russell A. Spatz of the Spatz Law Firm, PL, in Miami, Florida, has decades of experience handling serious criminal cases.Contact him at 305-442-0200 to discuss your case and ensure you have the protection and vigorous representation you need.
