Out-of-State Charges

Out-of-State Arrests in Brevard County, Florida How Florida Prosecutes Crimes Committed by Visitors Criminal offenses committed in Brevard County are prosecuted by the State Attorney’s Office for the 18th Judicial Circuit, regardless of the defendant’s state of residence. Jurisdiction is determined by the location of the alleged conduct, meaning all court proceedings are handled in Florida courts even when the accused is a visitor. Arrests commonly arise from traffic stops, cruise terminal screenings, hotel incidents, or law enforcement encounters in beach and tourist areas. What the State Must Prove The State is required to prove each element of the charged offense beyond a reasonable doubt under Florida law, without regard to the defendant’s residency. The same evidentiary standards apply to visitors as to Florida residents, including proof of probable cause for arrest and lawful seizure of evidence. Out-of-state status does not alter the State’s burden or the elements of the offense. How Charges Escalate for Out-of-State Defendants Charges do not escalate solely because a defendant resides outside Florida, but practical consequences may increase if court appearances are missed. Failure to appear for a required hearing results in issuance of a bench warrant, which is entered into national databases and enforceable in other states. Additional charges or bond forfeiture may follow if a defendant does not comply with court orders. Procedural and Evidentiary Issues Out-of-state cases often involve motions addressing traffic stops, searches of vehicles or luggage, cruise ship security screenings, and warrantless searches. Florida courts permit waiver of appearance in many misdemeanor cases and certain non-evidentiary hearings when authorized in writing. Pretrial diversion eligibility, discovery compliance, and plea negotiations are handled under the same procedural rules as in resident cases. Penalty Exposure Under Florida Law Penalties depend on the classification of the charged offense, not the defendant’s home state. Misdemeanors may carry jail exposure of up to one year, while felonies range from five to thirty years depending on degree and enhancement statutes. Sentences imposed by Florida courts are enforceable regardless of where the defendant resides. Collateral Consequences A Florida conviction becomes part of the defendant’s criminal history and may be reported or recognized in the defendant’s home state. Probationary supervision, fines, and court conditions may be enforced across state lines, and violations can result in further Florida proceedings. Failure to properly resolve a Florida case may lead to arrest during routine encounters in another jurisdiction. Statutory Classification and Background Florida law applies uniformly to residents and nonresidents, with offenses defined under the Florida Statutes and prosecuted where the conduct occurred. Common charges involving visitors include DUI, drug offenses, theft, disorderly conduct, solicitation, and traffic-related crimes. The statutory framework provides mechanisms for waiver of appearance and negotiated resolution in appropriate cases, but compliance with Florida court orders remains mandatory.