Out-of-State Arrest: What Happens When You Are Arrested on Vacation In Florida

Edwin P. Randolph • Dec 24, 2022

Picture this situation: you head down to the Sunshine State of Florida for a much-needed vacation. But due to some unfortunate circumstances, you find yourself under arrest.


How does the arrest process work this way? Who should you contact if you are arrested as an out-of-state visitor in Tampa Florida?


This guide will provide you all the critical information you need to make sure you’re taking the best possible steps.


Understanding Jurisdiction

Police and other law enforcement hold authority over what are known as "jurisdictions." A jurisdiction represents one particular, local area where police are authorized to serve.


For instance, Orlando or Tampa police are authorized to work within their respective city limits. Florida State Police, however, have jurisdiction across Florida.


That means that if a crime occurs, the law enforcement within the jurisdiction where the crime happened are authorized to handle it.


Long story short: if you are a resident of a different state, and you commit a crime in Florida, that area has jurisdiction to arrest and prosecute you – not your home city or state.


How Warrants Work Between States

Let’s say for another example that you commit a crime in Florida, but you go back to your home state before law enforcement catches up with you.


That means you’re in the clear from charges, right? Wrong.


An arrest warrant can be issued, and this can be enforced even if you are not physically in the state of the warrant.


You can still be apprehended and extradited to the state where the crime occurred. In this case, even if you were in a different state, you could be arrested in your home state and taken to Florida to face your charges.


How Out-Of-State DUIs Work

Part of the fun of coming down to Florida is to enjoy yourself, have fun, and relax! But relaxation does not mean that you should be drinking irresponsibly or getting behind the wheel.


Unfortunately, this will lead to an arrest with charges of driving under the influence.


In-state charges typically remain within their states for most misdemeanors. But things are somewhat more complicated for DUI charges.


There is a national database that keeps track of DUI charges. That means you cannot escape a DUI charge in Florida when you return to your home state (for the most part).


Initial DUI arrests and charges are usually handled by local police jurisdictions. But part of your processing includes adding your name to the national database.


What this means is that if you get another DUI in a different state, it will count as your 2nd DUI instead of 1st. Penalties for DUIs, such as suspension of a driver's license, also carry over from state to state.


For example, if you have a suspended license from a DUI charge in Florida, your license will be suspended in other states that you enter and drive in.


Some States Don’t Recognize Out-Of-State DUIs

It is also important to note that some states do not acknowledge out-of-state DUIs, so this information may not carry over.

Those states include the following:

  • Michigan
  • Georgia
  • Tennessee
  • Wisconsin
  • Massachusetts



Check how the laws work between states for a clearer understanding of your situation.



How Does Out-Of-State Legal Defense Work?
Misdemeanor Charges


If you are facing a misdemeanor charge, you may not have to appear in court. This is especially helpful if you are charged with a crime but cannot remain in the state.


Typically, the courts allow a Tampa local attorney to represent you if you are arrested and charged with a misdemeanor as an out-of-state offender. The local attorney will come to court on your behalf and represent you through the legal process.


Felony Charges

If you are facing felony charges, the process may be slightly different.


You can still secure a local attorney to represent you in court. However, you will still have to show up to court to face those charges next to your attorney.


For instance, if you are arrested and charged with a felony in Miami, you can hire a local Miami attorney to represent you (not a lawyer from your home state). But when the time comes for court, you must be present to face your charges.


Out-of-State Arrests and Posting Bail

If you are arrested for a felony and put into jail, you will likely have to post bail to be released.


Bail is the amount of money given to the court in exchange for release to ensure that the defendant returns to face charges. If you return on your scheduled court date, that amount is refunded. If you post bail and fail to appear, the courts keep that money and a bench warrant is usually issued.


A bench warrant applies no matter which state you live or are currently visiting. So, if you fail to appear in court and a bench warrant is issued to you in Florida, you can be arrested and extradited from other states and incarcerated until you face your charges in court.


Essential First Step: Get Legal Help

No matter what sort of legal situation you find yourself in as an out-of-state visitor to Florida, priority number one is to find legal help.


Like all states, the laws in Florida have specific components that can be confusing, scary, and overwhelming to a visitor. This is especially true if you’re facing these issues on a vacation or other trip.


Local attorneys know and understand how the law works in the area where you’re visiting. They can provide the legal counsel and guidance you need to make sure you are following the procedure of the law properly. Proper following of the law can help prevent further issues such as fines, surrendered bail, and even bench warrants issued.


If you need help with an out-of-state arrest in Florida, reach out today.


Are you an out-of-state visitor to Florida facing arrest? An arrest can occur for multiple reasons while you’re traveling. From a drunken disorderly charge to DUIs, these unfortunately can and do happen to travelers while visiting the Sunshine State.

Navigating Alimony in Florida

15 May, 2024
Going through a divorce can be a challenging and emotional time. One of the many issues that may arise during the divorce process is the topic of alimony. Alimony, also known as spousal support, is the financial support that one spouse may be required to pay to the other after a divorce. Navigating the complexities of alimony laws in Florida can be overwhelming, which is why seeking guidance from an experienced alimony attorney is essential. In this blog post, we will explore how an alimony attorney can help you understand your rights and obligations when it comes to alimony in Florida. Understanding Alimony Laws in Florida Alimony laws vary from state to state, and Florida has its own set of guidelines when it comes to determining alimony payments. In Florida, there are several types of alimony that may be awarded depending on the circumstances of the marriage and the financial needs of each spouse. These include temporary alimony, bridge-the-gap alimony, durational alimony, rehabilitative alimony, and permanent alimony. An experienced alimony attorney can help you understand which type of alimony may be appropriate in your situation. Negotiating Alimony Agreements During divorce proceedings, spouses may negotiate an agreement regarding alimony payments instead of leaving it up to a judge to decide. An alimony attorney can help you navigate these negotiations and ensure that your rights are protected throughout the process. They can also help you gather evidence to support your case for or against receiving alimony payments. Enforcing or Modifying Alimony Orders If you have already been awarded alimony but are facing difficulties with enforcement or if there has been a significant change in circumstances that warrants a modification of the original order, an alimony attorney can help you navigate these issues. They can assist with enforcing court orders for payment or petitioning for a modification based on changes in income or other relevant factors. Protecting Your Rights Whether you are seeking to receive or pay alimony, it is important to have legal representation to ensure that your rights are protected throughout the process. An experienced alimony attorney can advocate on your behalf and work towards achieving a fair resolution that takes into account both parties' financial situations. Seeking Legal Guidance Navigating the complexities of family law can be daunting without proper legal guidance. By enlisting the help of an experienced alimony attorney who specializes in family law cases in Florida, you can rest assured knowing that your best interests are being represented throughout the divorce process. Going through a divorce is never easy, but having Edwin P. Randolph, Attorney at Law, LLC by your side can make all the difference when it comes to navigating complex issues such as spousal support. If you are facing questions about alimony in Florida, don't hesitate to seek out legal guidance from us; who will work tirelessly to protect your rights and achieve a fair resolution for all parties involved.

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Role of a Domestic Violence Attorney in Florida

14 Mar, 2024
Domestic violence is a critical issue that affects families and individuals across Florida. It's a troubling reality that many residents may face, and having the right legal representation can be an important step towards finding protection and justice. In this blog post, we will explore the significant role that a domestic violence attorney plays, what you can expect from working with one, and how to seek help if you or someone you know is experiencing domestic violence. Domestic violence can take many forms – physical, emotional, sexual, financial, or psychological. Florida law provides certain protections and remedies for victims, but navigating the legal system and ensuring your rights are protected can be a complicated process. This is where a domestic violence attorney comes in. What is a Domestic Violence Attorney? A domestic violence attorney is a specialized legal professional who represents and advises clients who have been victims of domestic abuse. These attorneys are knowledgeable about the sensitive nature of domestic violence cases and are trained to handle them with the care and confidentiality they require. How Can a Domestic Violence Attorney Help You? Legal Protection Orders One of the primary ways an attorney can assist is by helping victims obtain protection orders, commonly referred to as restraining orders. These orders are legal documents issued by a court to help protect you from further harm. They can order your abuser to stay away from you, your home, your workplace, or other locations, and can also address issues such as custody and visitation if children are involved. Representation in Court Attorneys can also provide representation in court proceedings related to domestic violence, including divorce or child custody cases that are often intertwined with allegations of abuse. They can advocate on your behalf, presenting evidence to support your case and ensuring that your voice is heard and respected by the courts. Guidance and Support Besides legal assistance, domestic violence attorneys can provide invaluable emotional support and guidance through a very difficult time. They can connect you with other resources in Florida, such as shelters, counseling services, and support groups, which can offer additional help and support. What Should You Do If You Experience Domestic Violence? If you are a victim of domestic violence in Florida, it's crucial to seek help immediately. Here are some steps you can take: Call 911 if you are in immediate danger. Reach out to a local domestic violence hotline for advice and assistance. Contact a domestic violence attorney to learn about your rights and the next steps to take. Document everything. Keep records of all encounters with the abuser, including dates, times, and descriptions of what happened. Plan for safety. Prepare an emergency bag and a plan for where you can go in a crisis. Finding the Right Attorney When looking for a domestic violence attorney in Florida, consider the following: Look for an attorney who specializes in domestic violence cases. Check their experience and background in family law. Schedule a consultation to discuss your case and see if you feel comfortable with them. Make sure they are compassionate and understand the sensitivity of your situation. No one should have to endure the pain and fear of domestic violence alone. A domestic violence attorney can provide the knowledge, assistance, and support necessary to protect your rights and yourself. Remember, help is always available, and taking that first step towards protection is a vital one. For those residing in Florida, awareness, and understanding of your options in dealing with domestic violence are critical. Legal advocates are ready to stand by your side. Don't hesitate to reach out for the help you deserve. Remember, this blog post is for informational purposes only and does not substitute for legal advice. If you need assistance, seek the help of a professional domestic violence attorney in Florida.

What to Expect If You Get in a Motorcycle Accident Without Wearing a Helmet in Florida

07 Feb, 2024
Riding a motorcycle is one of the most exhilarating experiences you can have on the road. However, it's also one of the most dangerous. Florida has some of the highest rates of motorcycle fatalities in the country, and not wearing a helmet only increases your risk of severe injury or death. But what happens if you get into an accident without wearing a helmet? And what role does negligence play in Florida law? In this post, we'll explore these questions and discuss how an attorney can help you if you're involved in a motorcycle accident.  First things first: if you get into a motorcycle accident without wearing a helmet in Florida, your chances of suffering severe injuries are much higher than if you were wearing one. In fact, research shows that riders who don't wear helmets are 40% more likely to die from head injuries than those who do wear them. This is because helmets provide protection for your brain and skull, which are vital for survival in any crash. But let's say you do get into an accident and weren't wearing a helmet - what happens next? In Florida, not wearing a helmet doesn't necessarily prove negligence on your part. The state follows comparative negligence laws, which means that fault can be shared among all parties involved in the accident. This means that even if you weren't wearing a helmet and suffered injuries as a result, it may still be possible to recover compensation from other parties who were partially at fault. However, this doesn't mean that not wearing a helmet won't impact your case at all. Insurance companies often use this fact to argue that you were partially responsible for your injuries and therefore shouldn't receive full compensation. An experienced attorney can help counter these arguments by building a strong case based on other factors such as road conditions, weather, and driver behavior. Speaking of attorneys, having one on your side can be crucial if you're involved in a motorcycle accident. They can help you navigate the complex legal system and fight for the compensation you deserve. This includes medical expenses, lost wages, and pain and suffering. An attorney can also negotiate with insurance companies on your behalf to ensure that you receive fair compensation. In addition to legal assistance, an attorney can also provide emotional support during this difficult time. Motorcycle accidents can be traumatic experiences, and having someone to talk to who understands what you're going through can make all the difference. Your attorney will be there for you every step of the way, from filing paperwork to representing you in court if necessary. Getting into a motorcycle accident without wearing a helmet in Florida is never a good situation. However, it doesn't necessarily mean that you're automatically at fault or won't be able to recover compensation for your injuries. By understanding the laws surrounding comparative negligence and seeking the help of an experienced attorney, you can increase your chances of receiving fair compensation and moving forward with your life after an accident. Remember: safety should always come first when riding a motorcycle, but if the worst happens, don't hesitate to reach out for help.

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I Slipped and Fell at Work in Florida

By Edwin Randolph • 29 Sep, 2023
Slipping and falling at work can be a very scary and dangerous experience. It can cause injuries and leave you unable to work for an extended period of time. In Florida, there are certain steps you should take if you slip and fall at work, and this blog will guide you through those steps.  1. Report the Accident The first step you should take after slipping and falling at work in Florida is to report the accident to your supervisor or employer. Reporting the accident is important because it establishes a record of the incident which you can use later when filing a claim. Additionally, your employer may be required to report the accident to the Occupational Safety and Health Administration (OSHA) if it results in severe injuries. 2. Seek Medical Treatment The next step after reporting the accident is to seek medical attention immediately. Seeking medical treatment is important because some injuries may not be immediately apparent and can worsen over time. Additionally, medical records can be used later when filing a claim to support your injuries. 3. File a Claim After seeking medical treatment, you should file a claim with your employer's workers' compensation insurance carrier as soon as possible. Workers' compensation is a type of insurance that provides benefits to employees who are injured on the job. In Florida, employers are required to provide workers' compensation insurance to their employees. Filing a claim can help you obtain benefits to cover medical bills and lost wages. 4. Contact an Attorney If you are having difficulty with your employer's workers' compensation insurance carrier, it may be time to contact an attorney. An attorney can help you navigate the claims process and ensure that you receive the benefits you are entitled to. Additionally, an attorney can help you pursue legal action if necessary. 5. Know Your Rights It is important to know your rights as an employee in Florida. While workers' compensation benefits can help cover medical bills and lost wages, they may not cover all of your costs. Additionally, you may be entitled to more if your employer was negligent or if there was a third party involved in your accident. Understanding your rights can help you make informed decisions about pursuing legal action. Slipping and falling at work can be a scary experience, but taking the right steps immediately after the incident can help protect your rights and help you obtain the benefits you are entitled to. If you slip and fall at work in Florida, be sure to report the accident, seek medical treatment, file a claim, and contact an attorney if necessary. Additionally, understanding your rights can help you make informed decisions about pursuing legal action.

What Happens If I Am Unable to Pay Spousal Support?

By Edwin Randolph • 31 Aug, 2023
Spousal support is the financial assistance given by one spouse to the other after a divorce. The amount and duration of spousal support depend on several factors, such as the length of the marriage, the financial standing of both parties, and the earning capacity of each spouse. However, circumstances can change, and a spouse may find themselves unable to continue paying spousal support. In this blog post, we'll discuss what happens if you're unable to pay spousal support in Florida.  1. Talk to Your Ex-Spouse If you're unable to meet your spousal support obligations, the first thing you should do is speak with your ex-spouse. It's essential to keep the communication lines open and inform them of your situation. Be candid and share why you're unable to pay. If your financial distress is temporary, then you could discuss the possibility of a temporary reduction in payments or a payment plan. However, if your inability to pay is prolonged or permanent, then you and your ex-spouse could explore other options. 2. File for Modification Florida allows modifications to be made to spousal support payments if a significant change in circumstances arises. You can file a petition for modification in the court that granted your divorce. You'll need to present evidence that your financial situation has changed, such as job loss, a significant decrease in income, or health problems. If the court deems your reason valid, they may reduce, suspend or terminate spousal support payments temporarily or permanently. It's recommended that you seek legal representation to ensure that your rights are protected. 3. Face Legal Penalties If you miss spousal support payments without permission from the court or your ex-spouse and aren't able to pay, you could face legal penalties. The court could hold you in contempt, which could lead to heavy fines, wage garnishment, and even jail time. Ignoring your spousal support obligations could worsen your financial situation and cause further legal trouble. Therefore, it's crucial to take action at the earliest possible time if you're unable to pay spousal support. 4. Seek Assistance If your inability to pay spousal support is due to financial hardship, then you could seek assistance from government agencies or non-profit organizations that offer financial help. You could apply for unemployment benefits, food assistance, or housing assistance, depending on the need. Additionally, you could reach out to your family or friends for support if possible. 5. Sell Your Assets If you've got valuable assets such as property, stocks, or jewelry, you could consider selling them to meet your spousal support obligations. It's essential to speak with your attorney to review the legal implications of any asset sales. Therefore, it's crucial to keep your financial records accurate and up-to-date. In summary, being unable to pay spousal support doesn't mean you won't face legal and financial consequences. It's important to keep an open line of communication with your ex-spouse, file for a modification if necessary, face the legal penalties if you ignore your obligations, seek assistance if you're facing financial hardship, and sell your assets if possible. If you're uncertain about your rights or obligations regarding spousal support in Florida, it's recommended you seek legal advice. Remember, it's better to address the issue head-on and seek solutions than to ignore it.

Simple Assault and Aggravated Assault: Understanding the Differences and Consequences

By Edwin P. Randolph • 27 Apr, 2023
Assault is a serious crime that can result in severe legal consequences. However, not all assaults are equal, and they have different levels of severity. The law distinguishes between simple assault and aggravated assault, and each has its own definition, legal consequences, and punishments. In this post, we'll dive into the differences between simple and aggravated assault. We'll also discuss some examples of each, understand the legal consequences of both assaults, and shed some light on the legal assistance that is available to Florida residents facing these charges. What Is Simple Assault? Simple assault is a type of assault that is committed without any serious injury or a deadly weapon being used. Simple assault can be committed verbally, such as with the threat of physical violence, or physically, such as through pushing or punching. Examples of simple assault include a bar fight, a heated argument that escalates, or a schoolyard scuffle. The consequences of simple assault can vary depending on the severity of the crime, but they typically include fines, probation, or even jail time of up to six months. What Is Aggravated Assault? Aggravated assault is much more severe than simple assault as it involves an injury to the victim that is either significant, severe, or life-threatening. The use of a deadly weapon during the commission of the crime can also classify an assault as aggravated. Examples of aggravated assault include shooting, stabbing, or causing serious bodily harm to someone with a blunt object. The consequences of aggravated assault are much more severe than simple assault and can include fines, probation, or even decades in prison. Consequences Of Simple Assault The consequences of simple assault can range in severity, depending on the circumstances of the crime, state law, and the judge's decision. For instance, if you are convicted of simple assault in Florida, you may face up to six months in jail, fines of up to $1,000, or both. Additionally, a conviction may also result in a criminal record, making it difficult to obtain employment, housing, or financial aid. Consequences Of Aggravated Assault Aggravated assault is a severe crime that can cause significant harm to the victim. Therefore, the legal consequences of this crime are also severe and can result in extensive jail time, fines, and other legal punishments. If you are convicted of aggravated assault in Florida, you may face fines of up to $10,000 or more, up to 30 years in prison, and a lengthy probation period. Additionally, a conviction may also lead to a criminal record, limiting future employment and other opportunities. Legal Assistance In Florida If you are facing assault charges in Florida, it is essential to seek legal assistance as soon as possible. An experienced criminal defense attorney, such as Edwin P. Randolph, can help you understand the legal process, prepare a defense, negotiate plea agreements, or defend your case in court. Assault charges are serious and can have long-lasting consequences on your life. Therefore, it is important to understand the differences between simple and aggravated assault, the legal punishments, and seek legal assistance if you are facing these charges. By working with a reliable criminal defense attorney, you can protect your rights, prepare an effective defense, and potentially reduce or dismiss your charges. Don't wait until it's too late – contact Edwin P. Randolph Attorney at Law today for reliable legal assistance in Florida.

Understanding Liability in a Florida Truck Accident

By Edwin P. Randolph • 23 Mar, 2023
The aftermath of a truck accident is often traumatic for the involved parties, leaving many with injuries that require ongoing medical assistance. While many victims may feel frustrated and even daunted by the legal implications of a truck accident, understanding who is liable and what options are available can be of great help. In this post, we delve into these critical aspects to help you understand the legal implications of a truck accident. Who Is Liable In A Truck Accident? One of the critical questions that often arise after a truck accident is who is liable for the damages incurred? Generally, multiple parties may be liable, including the driver, the trucking company, or other third-parties. In some cases, multiple parties may share liability. That said, the truck driver and their employer are typically held liable for events caused by the driver's negligence or oversight. You can work with a personal injury attorney to determine who is liable in your particular situation. What Are My Options If I Was Injured In A Trucking Accident? If you sustained injuries as a result of a trucking accident, you have a few options to pursue compensation for your damages. Firstly, you can file a claim with the insurance company. Secondly, you can file a lawsuit. It’s critical to note, however, that the timeframe for filing a lawsuit is limited. It's, therefore, crucial to work with an experienced personal injury lawyer to help you navigate the legal process. How Is Compensation Calculated? In most truck accident cases, compensation is calculated based on the severity of the case. Some of the factors that are considered include medical bills, lost wages, pain, and suffering, loss of enjoyment of life, and future medical bills. Working with a personal injury attorney can ensure that you receive a fair and just amount for your damages. Who Pays The Compensation To The Victims? Typically, the trucking company's insurance will pay for the victims' damages. Working with a legal expert can help ensure that the right parties are held accountable and that you receive the compensation you deserve. Can I Still Receive Compensation If I Was Uninsured At The Time Of The Accident? Yes, you can still receive compensation if you are uninsured at the time of the accident. However, not having insurance may impact the payout amount. Working with an experienced personal injury attorney helps you to navigate the legal process and understand what compensation you may be entitled to receive. Truck accidents can have devastating effects on the involved parties, both physically and financially. Understanding who is liable and the options available to you is critical in receiving compensation for your damages. At Edwin P. Randolph Attorney at Law LLC, we help Tampa residents navigate the legal process and recover the compensation they deserve. Contact us today to speak with an experienced personal injury lawyer who can assist you in your case.
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