Florida is one of the most popular tourist destinations, not just in the United States but across the entire planet, and that means it is crowded year-round with visitors from Britain and many other countries. Unfortunately, not every trip to America’s tropical paradise goes off without a hitch, and it is not unheard of for British visitors or tourists to end up embroiled in a personal injury claim or even facing criminal charges.
When you or a family member have run into legal trouble or suffered a serious injury while abroad in the Sunshine State, you need to seek help from a Florida lawyer representing British citizens. Both civil and criminal law in the U.S. differ substantially from the rules in Britain in several ways, and guidance from an international citizens attorney will be essential to resolving your unique situation.
Even if they are not a U.S. citizen or permanent resident, a British citizen accused of violating state or federal law while in Florida will very likely be booked, processed, and detained in Florida before being allowed to return to Britain. (In some cases, they may not be allowed to return.) Typically, booking for alleged criminal offenses in Florida occurs at a local jail or processing center, where the accused party will be searched, have their mug shot and fingerprints taken, and have their personal property catalogued and confiscated. They will then be transferred to a local or county jail to wait for their trial or to be released on bond.
Since the United Kingdom is a “mandatory notification country,” the nearest British Consulate Office—which in Florida would be the office in Miami—will be notified whenever a British citizen is detained in the United States for a suspected criminal offense. After that, the Consulate will provide additional information about the criminal process, connect them with the Prisoners Abroad charity, and inform the detained person’s family and friends about their status, if requested.
As soon as possible after being arrested, it is vital for British citizens accused of crimes in Florida to contact a local defense attorney who can serve as their advocate throughout their criminal proceedings.
The U.S. Constitution guarantees “due process” to everyone in the United States regardless of their citizenship status. Thus, it is absolutely possible for a British citizen in Florida to take legal action against a U.S. citizen who caused them to get hurt through an avoidable accident. There are various ways to establish “personal jurisdiction” over such a case for a court in Florida, but in general, any accident which occurs in the state or involves a Florida resident falls within the purview of the Florida civil court system.
That said, it may be difficult for British citizens to pursue this claim without remaining in Florida for the duration of the legal process. At the very least, they must have a local legal representative here to act on their behalf.
The same complexities may apply to situations where a British citizen is accused of being at fault for injuring a U.S. citizen while they were abroad in Florida.
United States law can be applied equally to British citizens here on holiday or for work as it would be to native-born or naturalized U.S. citizenship. That said, U.S. law also works very differently from British law in numerous ways. Handling any kind of criminal allegation or civil claim while thousands of miles from home is never going to be easy.
Fortunately, you have help available to you from experienced Florida lawyers who know how to handle all the unique challenges involved in representing British citizens. Call us today to discuss your options.
The Umansky Law Firm Criminal Defense & Injury Attorneys
