The Florida Keys have historically been a place where people let loose, but crossing the line can turn a fun vacation into a trip to Monroe County court. Whether you’re involved in a traffic stop, a public dispute, or a boating incident, what you do in the first 24 hours can make or break your case.
An experienced Florida criminal defense attorney can explain your rights and responsibilities if law enforcement officers arrest you in Monroe County. Understanding what to do and what not to say may prevent a simple arrest from escalating.
Start By Asking for a Lawyer
The Fifth Amendment to the Constitution and the U.S. Supreme Court’s landmark Miranda v. Arizona decision outline your right to remain silent and to have an attorney present during questioning.
You must clearly state when you invoke these rights. Simply say, “I am exercising my right to remain silent, and I want a lawyer.” Then stop talking. Anything you say can be held against you.
First Appearance and Florida’s 24-Hour Rule
Florida’s Rule of Criminal Procedure requires that every arrested person be brought before a judge, in person or on video, within 24 hours of arrest. This can happen any day of the week, year-round. The process is:
- The judge reviews the arrest affidavit for probable cause
- The arrested person is advised of their charges
- Conditions are set for the person’s release
- If you want your own attorney present for First Appearance, the judge must give you reasonable time to contact one
Getting Out of Detention
The judge may release you after your first appearance, a situation that can take one of several forms, with conditions you must follow. These typically include:
- Personal recognizance. This means you’re free to go home but must appear in court when summoned, to answer to the charges against you.
- Monetary bond. You (or a member of your family) must post a sum of money with the court (or contract with a bail bondsman) as a guarantee that you will return to answer to the charges against you.
- Non-monetary conditions. The judge may release you with the requirement that you do not contact other people involved in the case, that you abstain from alcohol and drugs, and that you submit to regular drug testing.
Violating any condition can result in immediate jail time without the possibility of bond. Find out if you’re allowed to return home, and whether an attorney can appear in court on your behalf.
Florida’s Public Defender Process
If the court finds you indigent, or too poor to hire an attorney, the court will appoint a public defender for assistance with your felony, misdemeanor, or criminal traffic offense. A $50 application fee is required.
Changes to Florida’s Speedy Trial Rule
The U.S. Constitution guarantees a speedy trial, and Florida Rules of Criminal Procedure apply specific deadlines, but your attorney is responsible for tracking and assert your rights to trial within these deadlines (timelines start when charges are filed, not at arrest):
- Trial within 90 days for a misdemeanor
- Trial within 175 days for a felony
- If you’re in custody, formal charges must be filed within 30 days
- If you’re on pretrial release, you must be charged within 60 days
In the past, cases were dismissed when prosecutors missed a deadline. In 2025 the law changed so dismissed cases could be refiled. If a judge finds the defendant’s right to a speedy trial was denied the case may be dismissed permanently.
Legal Knowledge Matters
Florida appears to be a fun-loving state, but its legal system doesn’t distinguish between residents and visitors. If you’re arrested in the Keys, contact Brian Casey Law for a knowledgeable and professional defense. Having an experienced attorney can be a critical step in your legal journey. Contacting an experienced Florida criminal defense attorney immediately is the single most important step you can take.