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NA Century of Service to Miami-Dade County
Programs and Services That
Help You GROW Your Practice,
GAIN Experience &
GIVE Back
IN THIS ISSUE:
Discussion on Judicial Selection
Page 2
Ethical and Professional
Considerations in Appellate
Proceedings
Page 3
Attachment and Garnishment in
Admiralty Matters
Page 4
The Dischargeability of Debts
to a Former Spouse
Page 5
Patently Impossible
Raises $20,000
Page 6
Immigration Consequences
of Criminal Convictions in State Court
Page 7
All of us would relish having a
crystal ball to peer into the future and
know what lies ahead. Since we dont
actually live in the Wizarding World of
Harry Potter, we typically have to satisfy
ourselves with information gleaned from
our own experiences and perceptions
of how the practice of law is changing.
Fortunately, to better predict the needs
and demands of our clients, colleagues
and the generations of attorneys who
will follow us, Florida Bar President,
Eugene Pettis has undertaken a bold
initiative, the appointment of the Vision
2016 Commission. The Vision 2016
Commission has been tasked with
examining four areas that impact how
we will practice law in the future: Legal
Education; Technology; Bar Admissions;
and Delivery of Legal Services/Pro Bono.
As its goal, this comprehensive study
intends to lay a foundation to prepare
todays lawyer for tomorrows practice.
Lets face it; we are all experiencing
the dynamic environments forcing
change in the law and in our own legal
practice. Unless we understand the
structural changes taking place in legal
services industry, such as the changing
law frm models, alternative and fat
fee structures, the rise in online services
and the growth of outsourcing, we risk
being left behind in the race to actively
participate in and take advantage of these
changes. Without a willingness to gain
familiarity with established and emerging
legal technologies such as e-discovery,
routinized compliance software, data
aggregation and analysis, we are likely to
fnd ourselves losing our competitive edge
in the legal marketplace. Yet if we are
ready to explore these new kinds of legal
services our clients are demanding such as
legal process management, legal knowledge
management and legal risk management,
we can help ensure our continued success
within the profession. In anticipating the
future of law and acquiring the skills it will
require of us, we can identify and develop
future practice opportunities to sustain
and enrich our careers, while also fnding
new ways to assist the less fortunate in our
communities who continue to need our
advice and counsel. All of these changes
are sure to impact existing legal doctrine
and potentially revolutionize the ways in
which we educate and prepare the next
generation of law students.
Yes, the times are achangin in the legal
profession, but we should embrace it and
ready ourselves for what is to come. With
that goal in mind, lets all do our part to
ensure the success of the work of the Vision
2016 Commission. Please share your
ideas, thoughts, suggestions and concerns
with any of the Commissions Sub-Group
Chairs listed below:
Legal Education Sub-Group, Ramn A.
Abadin, Chair, Miami: ramon.abadin@
sedgwicklaw.com
Technology Sub-Group, Gregory William
Coleman, Chair, West Palm Beach:
gcoleman@bclclaw.com
Bar Admissions, Lansing C. Scriven, Chair,
Tampa: lscriven@trenam.com
Delivery of Legal Services/Pro Bono,
Adele I. Stone, Chair, Fort Lauderdale:
adele.stone@fowlerwhite.com
BULLETIN
DECEMBER 2013
Leslie Smith
For the
times, they are
achangin:
What the future
holds for the
practice of law
PRESIDENTS MESSAGE
2 DCBA BULLETIN | DECEMBER 2013
The DCBA recently held an extremely successful General Membership
Luncheon at the Hyatt. After registration, guests were seated, while Treasurer
Jordan Dresnick made introductory remarks. President Leslie Smith presented
the Sookie Williams Award to Richard Baron, Esq., of Baron, Breslin &
Sarmiento P.A., for his tireless commitment to aiding members of the legal
community facing substance abuse and alcohol recovery. Following the
presentation, Melanie Damian moderated a panel discussion, featuring Hon.
Robert Scola, Kendall Coffey, Vivian de la Cuevas, Paul Huck, Jr., Peter Prieto,
Raquel Rodriguez, Mark Romance and Marva Wiley, on the subject of Judicial
Selection from application to investiture, and how to become a member of the
judicial nominating commission.
DADE COUNTY
BAR ASSOCIATION
Board of Directors 2013-2014
Ofcers
Mary Leslie Smith, President*
Herman J. Russomanno, III,
President-Elect*
Jason M. Murray, Vice President*
Jeffrey A. Rynor, Secretary*
Jordan A. Dresnick, Treasurer*
Matthew J. Ridgely, Executive Director
Johnnie M. Ridgely, Executive Director
(1965-2006)
Group One
Pedro M. Allende
Kayla Riera-Gomez
Eric P. Hockman
Jonathan Kaskel
Natalie Rico
Caitlin M. Trowbridge
Group Two
Zascha Blanco Abbott
Gilbert K. Squires
Monica F. Rossbach
Adam J. Shapiro
Elizabeth Ferry
Efe D. Silva
Group Three
Tiffani G. Lee
Sabrina Puglisi
Stephanie L. Carman
Katie S. Phang
Jeff P. Cynamon
Eric A. Hernandez
Group Four
Lisa Berlowe-Lehner
D. Andrew Byrne
Steven E. Eisenberg
Robert B. Boyers
David Alschuler
Gregory P. Sreenan
Group Five
Richard M. Leslie
Flora E. Seff
Antonio Martinez, Jr.
Jerome J. Kavulich
Glenn B. Kritzer
Jacquelyn P. Needelman
Timothy M. Ravich,
ABA Delegate 2012-2014
Young Lawyers Section
Board of Directors 2013-2014
Ofcers
Ethan Wall, President
Geri Satin, President-Elect
Joshua L. Wintle, Secretary
Jacqueline C. Ledon, Treasurer
2012-2014 Directors
Eric Bluestein
Zachariah Evangelista
Samir Ghia
Stephanie Grosman
Daniela Gordon
Schuyler A. Smith
Evian White
2013-2015 Directors
Daryl A. Bloomberg
Gregory dIncelli
Jenna Fischman
Berit Grifn
Lacey Hofmeyer
Mandy Mills
Stuart J. Weissman
The Bulletin Committee
Jane Muir, Chair
Mihai Vrasmasu, Vice-Chair
123 NW First Avenue #214
Miami, Florida 33128
305-371-2220
Ex Ofcio
Sookie Williams
General Membership
Luncheon Discusses
Judicial Selection
Richard Baron was congratulated by Leslie Smith,
DCBA President, as he received the award.
Judge Lisa Walsh and
Steven W. Davis, DCBA
Past-President
Vivian de la Cuevas
Attorneys had the opportunity to accept a pro bono case with Dade Legal Aids Put Something Back
program.
Melanie Damian moderated the panel discussion. Also pictured,
Hon. Robert Scola, Jr.
The audience was engaged as the panel discussed pressing issues affecting process of
judicial selection in Florida.
Guests had the opportunity to mingle with one another during the registration period.
Judge Darrin P. Gayles, Judge Israel Reyes,
Vivian de la Cuevas, and Judge Victoria Brennan
Ayana Harris, Hon. Rosa Rodriguez
and Sowmya Bharathi
Guests gave Richard Baron a standing ovation for his
commendable services to the Miami-Dade legal community.
Marva Wiley and Mark Romance
www.dadecountybar.org 3
Simply visit facebook.com/
DadeCountyBarAssociation
and select the like button to
immediately begin receiving updates
about our events.
View and Upload Event Photos
on the DCBA YLS Instagram
Instagram is mobile application
that provides a fast and fun way
to share photographs with other
bar members. You can download
the Instagram application free
on your iPhone, Android, or any
other mobile device. You can fnd
the DCBA YLS on Instagram
by searching for DCBA YLS
and immediately begin viewing
photographs from past bar
programs. You may also upload
photographs to the DCBA YLS
Instagram account by tagging your
photo @DCBAYLS or using the
#DCBAgetconnected hash tag.
If you have any questions
about how to connect with the bar
Get Connected to the
Young Lawyers Section
on Social Media
BY: ETHAN WALL
Lets face it:
the amount
of e-mails we
receive on a
daily basis is
overwhelming.
On any
given day, a
young lawyer
can receive
dozens of
e-mails inviting them to networking
events, judicial receptions, or CLE
programs from dozens of different
organizations. Most of the time
we have never heard of these
organizations or how they got our
e-mail address in the frst place (we
certainly did not willingly hand it
over). As a result of this continuous
onslaught of unwanted e-mails, it
becomes a challenge to stay updated
on programs that we are actually
interested in attending such as
those from our bar associations. To
that I say Challenge Accepted!
By getting connected to the
young lawyers section on social
media, you can learn about
through these technologies, or if you
still have no idea what the heck an
Instagram is, do not hesitate to
contact me at ewall@richmangreer.
com (or just message me on
facebook). So what are you waiting
for? Shut down your Gmail and lets
get connected!
Ethan Wall practices social media,
Internet, and intellectual property law at
Richman Greer, P.A. in Miami and may be
reached at ewall@richmangreer.com.
upcoming bar programs without
sifting through an overfowing
inbox. You can connect with the
bar on your terms deciding when
and how often to learn about
upcoming events. You can also
connect with fellow bar members
and see which of your friends are
attending our intuitive programs.
Heres how you can get started:
Get Connected to the DCBA
Facebook Page
Becoming a fan of the Dade
County Bar Associations Facebook
page is a quick and easy way to
learn about upcoming programs,
connect with bar members,
and share your experiences.
Panel members discuss ethics
Keith Rizzardi, professor at St. Thomas University
School of Law presents a hypothetical question
Dade County Bar Association
Third District Court of Appeal
31st Annual Fall Seminar
and Reception
The DCBA Appellate Court Committee hosted a seminar titled
Ethical and Professional Considerations in Appellate Proceedings on
October 18, 2013. The panel included Judge Leslie Rothenberg and Judge
Ivan Fernandez, Third District Court of Appeal and law professors Jan
Jacobowitz, Anthony Musto and moderated by professor Keith Rizzardi.
Grand Benefactors
Carlton Fields, P.A.
Cole, Scott & Kissane, P.A.
Demahy Labrador
Drake Victor & Cabeza
Greenberg Traurig, P.A.
Hightower, Stratton, Wilhelm
Ross & Girten
Benefactors
Adams Adams Baca & McMillen
A.J. Barranco, Jr.
Astigarraga Davis Mullins &
Grossman, P.A.
Benedict P. Kuehne, P.A.
Berk Merchant & Sims, PLC
Clarke Silvergate, P.A.
Diaz, Reus & Targ, LLP
Falk, Waas, Hernandez, Cortina,
Solomon & Bonner P. A.
Grossman Roth, P.A.
Hicks Porter Ebenfeld & Stein, P.A.
Klein Glasser Park Lowe &
Pelstring P.L.
Kozyak, Tropin, Throckmorton, P.A.
La Ley Con John H. Ruiz
Lash & Goldberg LLP
Mase Lara Eversole
Philip D. Parrish, P.A.
Podhurst Orseck, P.A.
Rothman & Associates, P.A.
Shutts & Bowen LLP
Stanley M. Rosenblatt PA
Timothy Carl Blake, P.A.
Ver Ploeg & Lumpkin, P.A.
Weiss Serota Helfman Pastoriza
Cole & Boniske PL
White & Case LLP
4 DCBA BULLETIN | DECEMBER 2013
Attachment and Garnishment in Admiralty Matters in the
Southern District of Florida
BY MICHELLE OTERO VALDS
Locating the Defendant
Next, the plaintiff must show
that the defendant cannot be
found within the District by fling
an affdavit so stating and identifying
with particularity the facts, which
have led the affant to make this
claim. In the SDFL, a defendant
is considered not found in the
District if the defendant cannot
be served within the SDFL with the
summons and complaint as provided
by Federal Rule of Civil Procedure
4(d)(1), (2), (3), or (6). In addition,
a process of maritime attachment
and garnishment (PMAG) will
only be issued after one of the
following conditions has been met:
(1) there has been judicial review of
the complaint; (2) the plaintiff has
certifed that exigent circumstances
exists making judicial review
impracticable; (3) the plaintiff has
prepared the summons and PMAG
and delivered the documents to the
Clerk of the Court for fling and
issuance; or (4) the U.S. Marshals
service has fled a return of service
indicating that service was perfected
upon a garnishee
Interested Parties
After any property has been
In an matter
involving
admiralty
subject-matter
jurisdiction,
federal
Supplemental
Admiralty
Rule B(1)
allows the
attachment and garnishment of a
defendants property located within
the judicial district, up to the amount
sued for, if the defendant is not
found within the district. In order
to maintain the attachment, the
plaintiff is required to follow strict
procedural requirements outlined
by the local rules in the Southern
District of Florida (SDFL). This
often utilized rule is convenient when
the defendant cannot be found in the
district, but his putative property (for
example, a vessel, account receivable,
funds in a bank account, cargo) can
be so found. The usual concepts of
due process of law and minimum
contacts with the United States to
support personal jurisdiction do not
apply to attachment of a defendants
property under Rule B, as it is a
quasi in rem attachment.
Requirements
The SDFL requires that the
complaint fled with the Clerk of the
Court be verifed by either a party
or corporate offcer. If the party
or corporate offcer is located not
within the District, verifcation of
the complaint may be made by an
agent, attorney-in-fact or attorney of
record provided that this individual
identifes the source of his or her
knowledge of the underlying facts
and declares that the documents are
true to the best of their knowledge.
attached pursuant to Supplemental
Rule B, any person claiming an
interest in the property seized must
fle an answer and claim against
the property with the Clerk of the
Court. The claimant may then be
heard before a judicial offcer not less
than seven (7) days after the answer
and claim has been fled and service
has been perfected upon the plaintiff
pursuant to Supplemental Admiralty
Rule E(4)(f). At the Supplemental
Rule E(4)(f) hearing, the plaintiff
bears the burden of proving that
there were reasonable grounds or
probable cause for issuance of the
writ of garnishment. A warningif,
after a hearing, the court vacates the
attachment, the judicial offcer may
award attorneys fees, costs and other
expenses incurred by any party as a
result of the seizure.
If you have a case involving a
claim within admiralty and maritime
jurisdiction, the remedy of maritime
attachment is a powerful tool.
Michelle Otero Valdes is an
attorney, board certifed in Admiralty &
Maritime Law since 2007. She practices
with the frm of Chalos & Co., P.C. and
may be reached at mov@chaloslaw.com.
Federal
Supplemental
Admiralty Rule B(1)
allows the attachment
and garnishment of
a defendants property
located within the
judicial district.
Judge Yvonne Colodny, Karen Ruiz and Judge Monica Gordo
Jude M. Faccidomo, Francis A. Faccidomo and David Alschuler
The DCBA Criminal Courts Committee recently hosted a mixer at
Tobacco Road. Members of the committee, judges and attorneys were
able to enjoy complimentary appetizers and drink specials throughout
the evening.
William Aaron, DCBA Past President, Marlene Schwartz and Warren Schwartz
Eduardo Pereira and Judge Rodney Smith
Criminal Courts
Committee Hosts Mixer
at Tobacco Road
www.dadecountybar.org 5
The Dischargeability of
Debts to a Former Spouse
Richard Baron was present
the 2013 Sookie Williams
Award recognizing his
exemplary service to the
Miami-Dade legal community
of alimony, maintenance, and
support, it is generally not
dischargeable. If the obligation
is in the nature of property
settlement, the obligation may be
dischargeable. One thing that is
worth mentioning here is that, a
bankruptcy court cannot rely
solely on the label used by the
parties [in the Final Judgment
of Dissolution or in the parties
Settlement Agreement]. Rather,
a court must look beyond the
label the parties have given to a
particular debt and determine
whether the debt is actually in the
nature of alimony, maintenance,
or support. Thus, a debt is a
domestic support obligation if
the parties intended it to function
as alimony, maintenance, or
support, even if the parties called
or labeled it something else. The
proper inquiry is whether the
payment obligation derived from a
duty to provide for the well-being
of the spouse, former spouse or
child. (Mortgage Payments as
BY DOROTA TRZECIECKA
Obligations
to a former
spouse
that are not
dischargeable
in Chapter
7, may be
dischargeable
in Chapter
13. As
lawyers, we have an obligation
to maintain basic knowledge of
areas of law outside of our own
practice where our representation
may potentially impact our clients
future. For family law attorneys,
one such area of practice should
be bankruptcy. Why bankruptcy?
Because a potential bankruptcy fling
by a former spouse of a client may
wipe out your clients entire portion
of equitable distribution.
Knowing the basic rules of
dischargeability of debts in
bankruptcy, will help you structure
settlement agreements to protect
your client and to prevent that from
happening.
Here are some bankruptcy basics
about dischargeability of debts to a
former spouse.
1. Alimony and child support are not
dischargeable in either Chapter 7
or Chapter13. 11 U.S.C. 523 (5).
2. Obligations to a former spouse,
other than alimony or child
support, that are incurred by the
debtor in the course of divorce or
separation are not dischargeable
in Chapter 7. These obligations
may include property settlement,
obligation to pay health or life
insurance premiums, undertaking
sole responsibility to pay joint
marital debts, or an obligation to
maintain mortgage payments for
the beneft of the other former
spouse. 11 U.S.C. 523 (15).
3. The same rule applies to money
judgments relating to alimony
and child support or those
other obligations enumerated
in paragraph 2 - they are not
dischargeable in Chapter 7. For
example, if the former spouse
did not comply with the terms
of equitable distribution in the
divorce settlement agreement,
the other former spouse may
obtain money judgment against
him or her. Even though money
judgments are almost always
dischargeable in bankruptcy,
money judgments relating to
property settlements and the other
obligations are not dischargeable in
Chapter 7.
4. The same obligations to a former
spouse, other than alimony
and child support, that are not
dischargeable in Chapter 7, may
be dischargeable in Chapters 13,
depending on the circumstances
and the nature of the debt. If
the obligation is in the nature
Domestic Support Obligation, by
Steven Fender, Bankruptcy Bar
Association Law Journal, Vol.
One 2012, citing Cummings v.
Cummings, 244 F.3d 1263 (11th
Cir. 2001).

5. Theres a narrow exception to
dischargeability of property
settlement. If the court awards
cash payment for the purpose of
equitable distribution of martial
assets to be paid as lump sum
cash or installment payments,
such property settlement is not
dischargeable in either Chapter
7 or Chapter 13, and such an
award vests upon the entry of
judgment. And, unlike alimony,
the award does not terminate
upon remarriage or death of
either spouse. At least one South
Florida Bankruptcy Court (in
an unpublished opinion in In
re Rieger), interpreting section
61.075(2) Florida Statutes,
ruled that ex-spouses equitable
distribution, which vested before
fling of the bankruptcy petition,
had to be included in, and paid in
full through, Chapter 13 plan.
Because bankruptcy courts decide the
issue of dischargeability of marital
obligations on case by case basis,
its important for family lawyers to
include these rules as a drafting tool
when preparing marital settlement
agreements for their clients.
Dorota Trzeciecka is a solo
practitioner in Miami Beach, with practice
in consumer bankruptcy, mortgage foreclosure
modifcations and mediation, and alternative
disputes resolutions. Email address:
dorota@debtor-creditorlaw.com.
Katie and Steven Nullman, Nicole Baron, Nikki Baron and
Richard Baron
Richard Baron and Sookie
Williams
Knowing the
basic rules of
dischargeability of
debts in bankruptcy,
will help you structure
settlement agreements
to protect your client.
6 DCBA BULLETIN | DECEMBER 2013
Bill Brown and Ted Traynor and Ryan Brown trying to get the
engine on Team Akermans car to fre up, which it eventually did for
only a split second. The only other team who successfully fred up
the engine turned out to be the over-all winner.
Edmar Amaya and David Salmon and Javier
Sobrado and other participants await the
competition to begin.
US Legal Support enjoying the vibe at the
patently impossible project.
Ethan Wall, YLS President does an outstanding
job emceeing the event as guests get ready to
cheer on their choice to win On your mark,
get set, go!
Competition spectators wait in
anticipation to see who will be this
years winner.
FIU law students perfecting their patent. Leslie Smith, DCBA President and Jim Stepan representing Team DCBA Judge Paul Huck, Jaime Vining and David Friedland
Robert Weaver and Javier Sobrado (Feldman Gale team)
Team St. Thomas (2nd Place), Judge Paul Huck, Ken Oh, Jaime Vining, Ethan Wall, YLS President,
John Eagan (1st Place) and Team UM (3rd Place)
Patently Impossible
Raises $20,000.00
On November 7, The Intellectual Property Committee hosted The
Fourth Annual Patently Impossible Project. This Patently Impossible
Project gets bigger and better every year! said Jaime Vining, Esq.,
Chair of the IP Committee. The outpouring of support from the entire
community for Legal Aid is so inspiring and thats why I love putting this
event together. Thank you to Jaime and the IP Committee for making it
happen, said Sharon Langer.
Jody Schulman and Sharon Langer
On your mark, get set, go with
competitors Edmar Amaya and Jim Stepan
Judge Paul Huck referees the event with other
local dignitaries
Bill Brown and Ryan Brown from Team Akerman
depicting their status as the frst team to have assembled
their car and moved over to the racing surface.
www.dadecountybar.org 7
Membership Committee
Hosts Mixer at Hoxton
The DCBA Membership Committee recently hosted a mixer at
The Hoxton. A pair of Miami Marlins tickets were provided to the
member who recruited the most new members.
Immigration Consequences
of Criminal Convictions in
State Court
BY PATRICIA ELIZEE
offenses, prostitution, document
fraud, forgery, and aggravated
felonies. Other crimes are considered
conditional bars to naturalization,
meaning that the applicant was
convicted of these crimes within
the statutorily prescribed period.
These convictions include but are
not limited to controlled substance
violations, false testimony under
oath, polygamy, gambling offenses,
or habitual drunkard. Where an
applicant is convicted of a crime that
does not amount to a permanent or
conditional bar to naturalization, an
immigration offcer is able to take
that conviction into account under
their discretionary power.
Removal Proceedings
A non-citizen can be referred
to removal proceedings if they
are found to be inadmissible or
removal based on their criminal
convictions. Lawful Permanent
Residents and other visa holders are
often stopped during their entry into
the US. During their immigration
inspection, an offcer reviews their
fle and is able to issue a Notice to
Appear in front of an Immigration
Judge to face removal proceedings,
based on their criminal convictions.
Non-citizens that are arrested will
Non-US
citizens,
including
lawful
permanent
residents, visa
holders, and
undocumented
immigrants,
in criminal
proceedings need to be aware
of subsequent immigration
consequences. Depending on the fnal
criminal conviction, the immigrant
may be barred from ever naturalizing,
or may be at risk of being sent to
removal proceedings.
When does a Conviction Arise?
For immigration purposes, a
conviction arises from a formal
judgment of guilt entered by the
court. It also includes circumstances
where an adjudication of guilt is
withheld, there has been a fnding of
guilt or the immigrant entered a plea
of nolo contendere, and the judge has
ordered some form of punishment,
penalty, or restraint on liberty. Please
also note that an immigration offcer
can fnd that an immigrant has been
convicted of a crime where they have
admitted suffcient facts to warrant a
fnding of guilt.
It is important that the individual
and their criminal defense attorney
understand the possible immigration
consequences of pleading to certain
crime. A simple plea may result in a
bar to naturalization and may lead to
a fnding that they are inadmissible,
or deportable. The best practice is
before pleading to a criminal charge,
to contact an immigration attorney
to determine whether pleading to
a lesser charge may result in better
immigration outcomes.
Eligibility for Naturalization
To be eligible for Naturalization
an applicant must show that they
have good moral character during
the statutorily prescribed period.
Good moral character is considered
character that measures up to the
standards of average citizens of the
community in which the applicant
resides. A criminal conviction may
prevent an applicant from meeting
this requirement. An applicant for
citizenship, based on a marriage to a
US citizen, must show that they have
good moral character for 3 years
prior to submitted their application.
All other applicants must show that
they have good moral character for
5 years. These prescribed periods
includes the time between fling
the application and taking the oath
of allegiance. Acts beyond these
statutory periods can be considered
only if the conduct during the
statutory period does not indicate
reform from the earlier period or if
the conduct outside of the statutory
period appears to be relevant to the
applicants present moral character.
Convictions that Bar
Naturalization
The Immigration and
Naturalization Act lists a series of
convictions that are automatic and
permanent bars to naturalization.
These convictions include but are
not limited to rape, sexual abuse of
a minor, crimes of violence, theft
Depending on
the fnal criminal
conviction, the
immigrant may be
barred from ever
naturalizing, or
may be at risk of
being sent to removal
proceedings.
also have their convictions reviewed
by an immigration offcer that has
the discretion to initiate a removal
proceeding. Where a state court
conviction amounts to an aggravated
felony or a crime involving moral
turpitude, the immigrant will be at
risk of deportation.
Aggravated Felonies
A conviction of an aggravated
felony includes conviction of the
crime itself, conviction of attempt
to commit the crime, or conviction
of conspiracy to commit the crime.
Some offenses require an order of
imprisonment of at least one year
to constitute an aggravated felony
for immigration purposes. A crime
involving moral turpitude is one that
shocks the public conscience as being
inherently base, vile, or depraved,
contrary to the rules of morality and
the duties owed between persons,
either to individuals or society in
general. Fraud, theft offenses, robbery,
rape, child abuse, spousal abuse,
incest, and aggravated assaults are
a few examples of crimes involving
moral turpitude.
A plea, an order, or withholding
of adjudication in state court can
have a great impact on a non-citizens
immigration status. A simple criminal
case can lead to an immigrant having
their naturalization application being
denied or resulting in a referral to
removal proceedings. Having an
understanding of the immigration
consequences before fnalizing a
strategy on how to handle a criminal
issue is crucial.
Patricia Elizee is Partner at Elizee
Hernandez Law Firm, P.A. located in
Miami, Florida and practices in the
area of Family and Immigration law.
She can be reached at 305-371-8846,
1110 Brickell Avenue, Suite 315,
Miami, Florida 33131, Patricia@
elizeehernandez.com.
Rachel Paul, Kristen Corpion and Lacey Hoffmeyer, YLS Director Jeffrey R. Lam, Rumberger Kirk & Caldwell and Dan
Kulynch,US Legal Support
Herman J. Russomanno, III, DCBA President-Elect and
Anika Bembanaste, US Legal Support
Flora Seff, Director and David CarnrightUS
Legal Support
8 DCBA BULLETIN | DECEMBER 2013
For more information visit www.dadecountybar.org
MARK YOUR CALENDAR
PRSRT STD
U.S.POSTAGE
PAID
SOUTH FLORIDA,
FL
PERMIT NO. 1110
Dade County Bar Association
123 N.W. First Avenue
Miami, Florida 33128
DCBA OPPORTUNITIES
4500 Members
Opportunities to Get Involved
33 Committees
Opportunities to Serve the Profession
100 CLE Programs
Opportunities to Increase Your Knowledge
More Than 250 Events a Year
Opportunities to Increase Your Referral Network
DECEMBER 3
Professionalism Committee
Meeting
Location: Dade County Bar
Association
Time: 12:00 noon
DECEMBER 3
YLS Board Meeting
Location: Dade County Bar
Association
Time: 6:00 pm
DECEMBER 4
Family Court Committee Meeting
Location: Dade County Bar
Association
Time: 12:30 pm
DECEMBER 4
Solo/Small Firm Social Mixer
Location: Taverna Opa Brickell
Time: 6:00 pm
DECEMBER 4
Legal Line
Location: Dade County Bar
Association
Time: 6:30 pm
DECEMBER 5
Family Court Committee Fall
Program
Location: Lawson E. Thomas
Courthouse
Time: 8:30 am
Member Admission: $45
Non-Member Admission: $55
DECEMBER 6
ABA Forum on Franchise and
DCBA CLE
Location: Greenberg Traurig
Time: 8:45 am
DECEMBER 10
DCBA Civil Litigation Committee
Meeting
Location: Dade County Bar
Association
Time: 5:00 pm
DECEMBER 11
DCBA Board Meeting
Location: Dade County Bar
Association
Time: 4:00 pm
DECEMBER 12
Probate & Guardianship
Committee Seminar
Location: Lawson Thomas
Courthouse
Time: 12:00 noon
Members: $10
Non-Members $20
DECEMBER 13
December General Membership
Luncheon
What Floridas Law School Deans
Want us to Know About the Next
Generation of Lawyers.
Location: The Bankers Club
Time: 11:30 am
Member Admission: $49
Non-Member Admission: $59
DECEMBER 13
Criminal Courts Committee
Seminar
Location: Miami Dade Swat
Training Facility
Time: 1:00 pm
DECEMBER 18
Florida Registered Paralegal
Seminar
Location: Dade County Bar
Association
Time: 5:30 pm
JANUARY 7
YLS Board Meeting
Location: Dade County Bar
Association
Time: 6:00 pm
JANUARY 8
DCBA Board Meeting
Location: Dade County Bar
Association
Time: 4:00 pm
JANUARY 9
Family Law Committee Meeting
Location: Dade County Bar
Association
Time: 12:30 pm
JANUARY 15
Legal Aid Put Something Back
Probate & Guardianship Seminar
Location: Lawson Thomas
Courthouse
Time: 8:30 am
JANUARY 15
Florida Registered Paralegal
Seminar
Location: Dade County Bar
Association
Time: 5:30 pm
JANUARY 16
Appellate Court Committee
Breakfast
Location: TBA
Time: 8:00 am
JANUARY 16
Criminal Courts Committee
Meeting
Location: Dade County Bar
Association
Time: 5:30 pm
JANUARY 17
Law & Technology & Solo/Small
Firm Committee Seminar
Location: Dade County Bar
Association
Time: 12:00 noon
JANUARY 24
YLS Symposium
Location: TBA
Time: All Day Event
JANUARY 30
Sharon Langers Retirement
Celebration Luncheon
Location: TBA
Time: 11:30 am