What To Do When Visitors Are Arrested in Fort Lauderdale and Miami Beach: A Legal Guide

"Welcome to Florida, where you come on vacation and leave on probation..." Each year, thousands of visitors flock to the Sunshine State, eager to explore the beaches of Fort Lauderdale, Miami, and Key West, experience the area's vibrant culture, and revel in the energetic nightlife. Just as there's no shortage of things to do in the 93-mile stretch spanning Palm Beach, Broward, and Miami-Dade counties, there's also plenty of ways to get into legal hot water.

Needless to say, getting arrested while on vacation can quickly turn an enjoyable trip into a traumatic and stressful experience. Drawing on our 30+ years of bail bonding in South Florida, we've compiled this guide to assist non-Floridians and visitors with bonding out of jail as a non-resident.

Who Can Get Arrested in Florida

It is entirely possible to find yourself sitting in a Broward or Miami-Dade jail cell without breaking any laws or committing any crimes in Florida. Like most U.S. states, Florida adheres to the Uniform Criminal Extradition Act (UCEA), which allows local law enforcement take individuals with an active arrest warrant into police custody and held for extradition to the jurisdiction in which the warrant originated. Whether or not you're a career criminal actively trying evade the law, or an accomplished professional who innocently forgot to go to court or pay a traffic ticket years ago, "a warrant is a warrant" in the eyes of the Florida law.

Our office routinely receives calls from panic-stricken families at the airport, Port Everglades or the Port of Miami because a friend or relative has been taken into custody. In these unsettling situations, knowledge and information are power, which is why our agents take the time to do extra research and communicate regularly with clients during this time.

If you or someone you're with are arrested in Fort Lauderdale, Palm Beach, or Miami, it's important to note the county in which the arrest occurs. Southeastern Florida is a very densely populated region with many municipalities and county lines in a relatively small geographic space. Knowing if you're being arrested in Broward or Dade county makes it much easier to locate inmates and speeds up the bail process.

The Arrest Process

After being arrested, one may be detained in a guarded holding area or taken to a nearby police substation where law enforcement officers (LEOs) may attempt to obtain information from you. Declining to speak to LEOs also keeps the arrest process moving forward, as inmates are then transported to a booking facility, such as the Broward County Main Jail or TGK in Miami. Here, standard procedures like fingerprinting, photographing, and documenting personal information take place. If the warrant is from another county or state, it may or may not have a preset bond amount. If no bail amount is attached to your warrant, you will have to go to a bond hearing (also called "magistrate court" in Florida) where a judge will determine if you're able to post bail and/or set the bail amount. Fortunately, bond hearings are conducted 7 days a week, 365 days a year in the counties of Palm Beach, Broward, and Miami-Dade.

In Florida, individuals have the right to remain silent and the right to an attorney. Exercising these rights is wise, especially if you are unfamiliar with the state’s legal framework. The faster you're processed and booked, the sooner a bail bondsman can post your bail and get you out of jail.

Bail Bonds Explained

In Florida, the cost to post a bail bond that's $1,000 or less is $100--regardless of the city or county in which you're arrested. For bail amounts greater than $1,000, the bondsman's fee will be 10%. This is the law in Florida, which means that no matter what bail agency you call, the premium fee(s) should be the same. It is important to note that some bail agents may require an additional amount of money as collateral to secure the bond, which can vary. However, any additional funds put up as bond collateral are refundable to the payee or gurantor once a defendant's case is disposed.

When dealing with bail bonding agencies as a non-Florida resident, always do your research and make sure you're dealing with a highly rated, ethical business. If you or anyone in your family receives an unsolicited phone call from someone claiming to be the jail or bondsman, this is most likely a scam and is illegal.

Once you've retained a local bail bondsman, he or she can help your family navigate the legal process, coordinate and communicate with your attorney, and notify you about court dates and locations, etc. Although prohibited by law from making specific attorney recommendations, an experienced bondsman can steer you in the right direction and provide your family with other helpful legal resources.

What Happens Next?

Following your arrest, a hearing known as the initial appearance occurs, typically within 24 hours. During this hearing, a judge assesses whether there is sufficient evidence for the arrest and determines the bail amount. Knowing what happens in this hearing can ease worries, particularly for out-of-state visitors.

When bail is set, it can vary significantly by charge severity. For instance, bail for a theft charge may be set around $5,000, while serious offenses, like DUI, could see bail exceeding $10,000. In some circumstances, the judge might deny bail entirely. Understanding these distinctions is key to managing expectations.

Bail Bonds Explained

Once the judge sets bail, understanding bail bonds becomes crucial in Florida. A bail bond functions as a contract between you and a bail bondsman, who guarantees the bail amount to the court. In exchange, the arrested individual is freed from custody.

Typically, bail bondsmen charge about 10% of the total bail amount, a fee that is non-refundable. For instance, if bail is set at $5,000, you would pay the bondsman $500. This fee compensates them for the service and the risk they take. It is common for bondsmen to request collateral, such as property or cash, to cover the bail amount in case of non-compliance.

For non-Florida residents, finding a reputable bail bondsman familiar with local laws is vital. Many sell bail bonds specifically tailored for out-of-state clients, addressing concerns that may arise in these situations.

Steps to Take After an Arrest

Stay Calm and Composed: If you witness an arrest, maintaining your composure can help prevent further escalation. Remaining calm can ease the tension in the situation, especially if you're the one about to be arrested.

Less is More: While you and fellow travelers may be baffled why you're being arrested, arguing your innocence or demanding answers from your arresting officer could be to your detriment. In fact, depending on the arresting officer and/or specific circumstances of your arrest, you could even be charged with "resisting [arrest] without violence." Florida operates under the general premise that LEOs make arrests and protect the public while the judges and courts sort out all the messy details.
Select a Bail Bondsman: Research licensed and trustworthy bail bondsmen in Fort Lauderdale, Miami Beach, or whatever area you're visiting. They'll guide you through the bond terms and payment process. While regular weekly checkins are typically required by most bondsmen, non-Florida residents should be hyper-vigilant about ensuring checking in and communicating with their bondsman or bail agency.

Contact a Local Attorney: Reach out to a criminal law attorney in the area (or request a Public Defender if cost is an issue). He/she will help you understand legal proceedings and act on your behalf when dealing with the court system, especially if you far away and cannot easily attend scheduled court appearances in-person.
Release and Next Steps: After posting bail, ensure the released individual understands the importance of complying with all judge-ordered conditions and court appearances.

Final Thoughts

Facing an arrest in a new location can be incredibly stressful for non-Florida residents and vacationers in Fort Lauderdale, Miami or wherever you happen to be visiting. However, being informed is your best tool when navigating unexpected situations while traveling. If you find yourself or someone you know in trouble, remember that support is available and local bail bondsmen may be an invaluable lifeline. Equipped with the right knowledge and guidance, you CAN manage legal challenges confidently, even when far from home. Safe travels!