The holiday season is usually synonymous with family, friends, and celebrations. Most don’t plan to spend this time of year behind bars. Being arrested during the holiday season can add unexpected delays, which means added stress and possibly less time at home with the ones you care about the most.
The attorneys at Stechschulte Nell Law are hoping everyone’s holiday season is filled with cheer rather than jail, bail, and calls to our office, so we have put together a list of everything you should know about being arrested during the holidays. Our hope is this article serves as a warning, but if you do find yourself under arrest, remember to call our defense team immediately!
Increased Arrest Rates
The likelihood of being arrested during the holidays is greater than at any other time. This increase is due to several factors that just happen to be more common an occurrence because of activities and celebrations associated with the spirit of the holidays.
These common factors increase during the holiday season and may put you at higher risk of being arrested, so as the holidays approach just be more mindful of your activities.
- Alcohol consumption
- Police presence on the roads looking for impaired drivers
- Higher risk of domestic violence > due to increased holiday stress, family schedules, and family disagreements
- Shoplifting and theft due to the holiday gift-giving season
- False arrests by overly suspicious law enforcement
- Airport arrests > contraband such as guns and drugs
If you have been caught in any of these predicaments, be mindful of these increased risks before making any holiday plans or misjudgments.
Expect Delays
In Florida, everyone is entitled to a hearing at least 48 hours after arrest, unless that time frame happens to fall over a weekend or during a state or federal holiday. That means if you are arrested during the holidays, it may be several days before your first appearance in front of a judge.
And that’s just for the first appearance—after that, you will still need to have multiple appearances in front of a judge, and if those dates are close to a holiday as well, you may be waiting in jail for quite some time. Combine the limited court hours with the increased number of arrests during the holiday season, and your delays will be much longer than normal.
While you are waiting in jail for your court hearings, you need to make sure you call Stechschulte Nell Law to set up your criminal defense attorney. Our attorneys do not stop working over the holidays and are your best line of defense to avoid excessive jail time around the holidays.
Expect Judicial Restrictions
Once you have been released from jail on bail, it is important to remember that you are not free to go and do what you want anymore. When released on bail, most defendants are released with conditions. If these conditions, or set of rules, are not followed there is a risk of being returned to jail.
A judge will decide which bail conditions are appropriate based on several factors. These might include:
- The criminal history of the defendant
- The physical and mental condition of the defendant
- The seriousness and nature of the crime
- The likelihood that the defendant may flee the jurisdiction
- Any history of substance abuse
Typical bail conditions may put a damper on holiday festivities, which may make it more difficult to visit family or friends during the holiday season. You will need to make sure you understand and comply with all court orders that the judge sets for you when you are released from jail. Examples of bail conditions include:
- Following a curfew
- Complying with travel restrictions > not being able to leave the county or state
- Staying away from certain people or places
- Refraining from drug or alcohol use
- Obeying all laws
Arrested During the Holidays?
Regardless of the time and season you are arrested, you need to make sure you contact an attorney at Stechschulte Nell Law to help you handle your case. Our attorneys will work with the court to ensure all your hearings are set up in a timely fashion and will work with you to make sure you understand all your possible restrictions and court-ordered rules once you are released.
Make the holidays one to remember, but not by being arrested! Set up a free consultation today by calling (813) 280-1244.
