Key West is one of the most popular port calls in the Caribbean cruise circuit, and most passengers survive with nothing worse than a sunburn. But arrests happen during port stops, for things like public intoxication, disorderly conduct, or an assault.
Finding a defense attorney experienced in Florida criminal law is critical to understanding how to manage the process, potentially return to the ship, and avoid a lasting legal problem.
Which Jurisdiction Applies
Once your ship is docked in Key West, you are legally on Florida soil, and Florida law, not the ship’s onboard rules, controls what happens next. A shipboard incident that continues or culminates in port typically falls under the jurisdiction of the state and county where the ship is docked. Key West is part of Monroe County, so an arrest made on the pier or in town is handled by the Key West Police Department or the Monroe County Sheriff’s Office, not by ship security or the cruise line.
Florida has a statute unique to its cruise ports: Section 910.006 of Florida Statutes is the state’s “special maritime criminal jurisdiction” law. It allows Florida to prosecute certain offenses connected to a cruise ship even when the underlying act occurred outside Florida’s physical boundaries. For example, if the suspect or victim is a Florida resident, if most passengers embarked or plan to disembark in Florida, or if the ship’s master turns a suspect over to Florida authorities, Florida usually has jurisdiction over an incident.
The Ship Will Not Wait
Don’t be caught off-guard: cruise lines on strict schedules will depart on time whether or not every passenger has reboarded. If you’re in custody in Key West, you should assume the ship will leave without you. That means posting bond, resolving any immediate court appearance, and arranging your own transportation to rejoin the ship at another port of call, or simply returning home from Key West if reboarding is not practical.
Because the ship’s next port may be in another country, you will also need your passport and identification. If either was held by the ship or confiscated during booking, you’ll need to coordinate with the cruise line’s guest services or port agent to get it back before you can travel independently.
Booking, Bond, and Court
An arrest in Key West follows the same basic process as any Florida arrest:
- Booking at the county jail
- An initial appearance before a judge
- A determination of bond
Monroe County allows most misdemeanor and many felony defendants to post bond through a bail bond agent or, sometimes, release on personal recognizance. If the matter cannot be solved the same day, you will likely be required to return to Monroe County for future court dates, adding costs and complications for visitors who live out of state or out of the country.
Contact a Local Attorney Quickly
Retaining a Florida-licensed criminal defense attorney as quickly as possible can make a significant difference. A local attorney can appear on your behalf for certain hearings, negotiate reduced charges, and in some circumstances, help you avoid returning to Florida for every court date.
Practical Takeaways for Cruisers
Cruisers should understand that shipboard rules and onboard security do not control the outcome of incidents that take place in port, that the ship will not wait for you, and that local counsel from Brian Casey Law Firm can prevent you from returning for every subsequent court appearance. A single lapse in judgment on Duval Street could derail your entire vacation, but if you act quickly in securing legal counsel, it may be resolved without irreparable harm to your record. Call for a consultation today.