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By Brice Van Elswyk
Founding Attorney

Getting arrested on spring break can derail your trip in minutes. What you do next matters, especially if you are far from home and unfamiliar with Florida’s criminal process. The decisions you make in the hours after an arrest can affect whether this is a short-term problem or something that follows you long after the vacation ends.

Stay Calm, Stay Silent, and Ask for a Lawyer

After an arrest, emotions run high, but your first priority is protecting yourself legally. Anything you say to police can be used against you, even casual explanations or apologies.

You should:

  • Clearly state that you are choosing to remain silent
  • Ask to speak with an attorney before answering questions
  • Avoid explaining the situation to officers or trying to “clear things up”
  • Refrain from discussing the arrest with friends, cellmates, or on social media

Once you ask for a lawyer, questioning should stop. We often see cases made harder because someone tried to talk their way out of trouble before understanding the charges.

Understand the Charges You May Be Facing

Spring break arrests in Florida often involve misdemeanor offenses, but that does not mean they are minor or easy to resolve. Even a first arrest can create a criminal record.

Common spring break charges include:

  • Disorderly conduct or disorderly intoxication
  • Underage possession or use of alcohol
  • Drug possession, including marijuana or controlled substances
  • Trespassing or resisting without violence
  • DUI or boating under the influence

Some of these charges carry mandatory court appearances and fines. Others can escalate based on location, prior history, or whether law enforcement alleges aggravating behavior.

Bail and Release for Out-of-State Defendants

If you were arrested while visiting Florida, release conditions can be confusing. Bail may be set quickly, but posting it is only part of the process.

Out-of-state defendants often face:

  • Higher bond amounts
  • Restrictions on leaving Florida until release conditions are met
  • A requirement to return for court dates unless waived

In some cases, we may be able to request modifications that reduce travel burdens or allow your case to move forward without repeated trips back to Florida. Acting early gives us more options.

Do Not Ignore the Arrest After You Leave Florida

Leaving the state does not make the case disappear. Missing a court date can lead to a warrant, added charges, and serious problems the next time you travel, apply for jobs, or housing.

You should:

  • Confirm your court date before leaving
  • Keep copies of all paperwork from the jail or court
  • Stay in contact with your attorney about deadlines and next steps

We can help clients resolve Florida charges while they are back home, but that only works if the case is handled proactively.

How a Spring Break Arrest Can Affect Students

If you are a college or graduate student, an arrest can extend beyond the criminal court system. Many schools require disclosure of arrests, not just convictions.

A spring break arrest may impact:

  • Student conduct or disciplinary proceedings
  • Scholarships, grants, or financial aid
  • Internship, study abroad, or professional licensing opportunities

Addressing the criminal case promptly can reduce the risk of lasting academic or professional fallout. We look at the full picture, not just the courtroom.

What Happens Next in a Florida Criminal Case

Most spring break arrests follow a similar path. After release, the case moves through arraignment, pretrial proceedings, and potential resolution by dismissal, diversion, plea, or trial.

Early representation helps us:

  • Review the legality of the arrest
  • Challenge weak evidence or improper searches
  • Seek dismissal or reduced charges when appropriate

Waiting limits these opportunities. Timing matters.

Take Control Before One Night Becomes a Long-Term Problem

A spring break arrest does not have to define you. The choices you make in the days after the arrest can shape how the case ends. At Van Elswyk Law, we represent people charged in Florida who need clear guidance and decisive action, especially when they are far from home. If you or your child was arrested during spring break, contact Van Elswyk Law to discuss next steps and how we can help protect your future.

About the Author
Brice Van Elswyk started his professional career as an investment banker in 1998. Over the next 14 years, Brice worked for several international investment banks, eventually specializing in structured products with complex tax, accounting, and regulatory capital constraints.While at the State Attorney’s Office, Brice prosecuted crimes ranging from misdemeanors such as DUI’s and domestic batteries, all the way to homicide, drug trafficking and sex crimes. Most recently, Brice was a specialty prosecutor focusing on capital sex crimes and crimes against children. Now, Brice combines his vast knowledge of finance, and his extensive experience as a trial attorney to serve clients in both criminal defense and civil matters.