If you were arrested or cited during Fantasy Fest or spring break, start here. Read every piece of paper they gave you. Find your court date. And don’t talk about what happened with anyone but a lawyer.
Some event charges, like open container or disorderly conduct, are minor charges or may be ordinance violations. Others, like DUI, battery, or indecent exposure, are more serious. Any of them can show up on a background check if it’s handled badly.
Call (305) 417-9378. We handle event weekend arrests in Key West for visitors and locals.
What are the most common arrests at Fantasy Fest and spring break?
I’m not going to quote numbers. What I can do is walk you through the charges that tend to come up during big Key West events.
Open Container
This means carrying an open drink where it isn’t allowed, or in the wrong kind of container. In Key West, it may be a city ordinance violation. It’s usually minor. Don’t ignore it anyway.
Disorderly Conduct
The legal name is breach of the peace, under Florida Statute Sec. 877.03, and it’s a second-degree misdemeanor. It usually covers loud, fighting, or disruptive behavior in public or public brawling. It tends to get tacked on to other charges, like battery, but it can stand alone.
Disorderly Intoxication
This is being intoxicated in public in a way that puts someone in danger or causes a disturbance. It’s a second-degree misdemeanor under Florida Statute Sec. 856.011. It’s not the same as just being drunk.
Public Nudity and Indecent Exposure
Fantasy Fest is known for costumes and body paint. But, the City of Key West Public Nudity Ordinance still applies. Silly as it may sound, our law firm has represented many people who were arrested for public nudity, because they did not adhere to the Fantasy Fest Zone’s exclusion to the Public Nudity Ordinance.
The state charge is more serious. It’s called exposure of sexual organs (often called indecent exposure), under Florida Statute Sec. 800.03, and it’s a first-degree misdemeanor. It also covers being naked in public in a vulgar or indecent manner, which is how some body paint cases can be charged. A second exposure offense is a third-degree felony. If you were charged with anything involving exposure, call a lawyer before you do anything else. That includes paying a ticket.
DUI
This covers driving, or being in actual physical control of the vehicle, while impaired after a night on Duval Street, under Florida Statute Sec. 316.193. A DUI arrest triggers a host of issues, including a driver’s license suspension and court hearings.
Other charges
Resisting An Officer Without Violence is more serious than most people expect. It’s a first-degree misdemeanor under Florida Statute Sec.843.02. Trespass and Vattery after a bar argument come up too.
Was I arrested or just cited?
There’s a difference. Some people get taken to jail and booked. Others get a written citation or a notice to appear and are let go on the spot. Either one can lead to a court date. Either one can create a record. A citation isn’t “nothing” just because you didn’t go to jail.
What should I do in the first 24 hours after release?
- Get your property back from the jail: ID, phone, wallet.
- Collect every piece of paper: citations, notice to appear, bond paperwork, release conditions. Take photos of all of it.
- Find your court date and write it down.
- Read your release conditions before you book or change travel.
- Don’t post about it. No photos, no stories, no jokes. Posts can end up as evidence.
- Don’t talk about the facts with the people you were out with. They may remember it differently, and their interests may not match yours.
- Call a lawyer before you pay anything or plead to anything.
Can I just pay the ticket?
Sometimes paying is an option. But it may count as admitting the violation, and for some charges it could mean a conviction on your record. That can matter later for jobs, licenses, travel, or immigration. Before you pay, ask a lawyer what paying actually means for your charge.
Will it go on my record?
It can. An arrest can show up on background checks even if the case is dropped later. A conviction is more likely to matter. Whether it sticks depends on the charge and how the case ends.
Here’s the good news. We have represented thousands of clients in minor criminal charges, and we have a track record of resolving them in ways that soften the impact. If your case is dismissed or ends in certain other ways, you may be able to seal or expunge the record later.
Can I handle it without coming back to Key West?
Often, yes, for misdemeanors and ordinance violations. We can often appear for you and file the paperwork that excuses you from court. More serious charges may require you to show up for some hearings.
I’m a student. Will my school find out?
Maybe. Some schools have conduct rules that apply off campus, and some ask about arrests on applications. Talk to a lawyer before you report anything to your school, and before you answer questions on a form.
What should I do now?
- Gather your paperwork and find the court date.
- Don’t pay or plead until you understand what it means.
- Call a lawyer while there’s still time before court.
Frequently asked questions
What are the most common arrests at Fantasy Fest or spring break?
Open Container, Disorderly Conduct, Disorderly Intoxication, Public Nudity or Indecent Exposure, Resisting Without Violence, and DUI are the most common. We don’t publish numbers here.
Will it go on my record?
It can, even for a minor charge, depending on how the case ends. A dismissal may let you seal or expunge it later.
Can I handle it without coming back?
Often, we can handle all your court hearings for misdemeanors and ordinance violations. For felonies, we can handle all your court hearings, except for one possible hearing at the very end – which we can schedule at a date and time that works for you.
Can I just pay the ticket?
Sometimes. But paying may count as a conviction or an admission. Ask first.
I was only cited, not arrested. Do I still need to do anything?
Yes. A citation can still come with a court date, because it’s not a civil matter (like a traffic ticket) but a criminal matter. And, if you don’t attend the court hearing, you could get a warrant for your arrest. Read it carefully, and don’t miss the date. And, call our office for assistance.
A bad night doesn’t have to become a bad record
Fantasy Fest and other popular Key West events bring in a lot of people, and some of them end up with a citation or an arrest they never saw coming. Call (305) 417-9378 for a free consultation.
This post is attorney advertising and general information, not legal advice. Reading it does not create an attorney-client relationship. Every case is different, and past results do not guarantee future outcomes.