Learn more about how we can help you get the best possible outcome in your case.
Get My Free Case Strategy Session
Super Lawyers
10 Best
National Association Criminal Defense Lawyers
Florida Association Criminal Defense Lawyers
Expertise
The National Trial Lawyers
The National Trial Lawyers
Expertise

Published on: | by

The “Protect Our Communities from DUIs Act” has passed the U.S. House of Representatives (June 26, 2025) and is now in the Senate. It is not law as of today (September 1, 2025). If enacted in its current form, it would make any DUI—even a misdemeanor—an explicit ground to deny admission to the U.S. and a separate ground to deport non-citizens after a conviction. That’s a major shift from current federal immigration law, where most simple DUIs do not automatically trigger deportation.

Where the bill stands and what it says

The House-passed bill (H.R. 875 in the 119th Congress) would amend the Immigration and Nationality Act (INA) in two key ways:

  • Inadmissibility (INA §212): A non-citizen would be inadmissible if they were convicted of, admit having committed, or admit committing the essential elements of a DUI/DWI (as defined by the state/tribal/federal jurisdiction), whether classified as a misdemeanor or felony.
  • Deportability (INA §237): A non-citizen would be deportable upon any DUI/DWI conviction, again regardless of misdemeanor/felony label under local law.

The text explicitly includes impairment by alcohol or drugs and defers to the law of the jurisdiction for the definition of the offense. Continue reading

by
Posted in: DUI
Published on:
Updated:

Published on: | by

In the State of Florida, sexual offenses are taken extremely seriously, especially those involving minors. One of the more severe charges that can arise in such cases is Lewd and Lascivious Battery, a felony offense that carries significant legal consequences. This article will explore what this charge entails, the statutory framework surrounding it, potential defenses, and the long-term implications if you’re accused or convicted of this crime.

What Is Lewd and Lascivious Battery?

Pursuant to Florida Statutes Section 800.04(4), Lewd and Lascivious Battery involves adults engaging in sexual activity with a minors aged 12 years or older but younger than 16, or encouraging, forcing, or enticing such a minor to engage in any lewd or lascivious act.

The law is designed to protect minors who, under Florida law, are deemed legally incapable of giving consent to sexual activity—even if they appear willing or initiate the contact. Therefore, a person over the age of 18 who engages in sexual activity with someone aged 12–15 can be charged, regardless of whether the act was consensual. Continue reading

Published on: | by

With the proliferation of the internet and other electronic communication media, the crime of traveling to meet a minor for sex is of growing concern in the United States. Often referred to as “traveling to meet a minor for the purpose of engaging in sexual acts,” the crime is considered very serious in both state and federal courts. However, the way the crime is investigated, prosecuted, and sentenced differs significantly depending on whether it is prosecuted at the state or federal level.

The Nature of the Crime

The crime of traveling to meet a minor for sex is defined by federal and state law to address the issue of adults attempting to engage in sexual activity with minors. In Florida, as in other states, individuals can be charged if they travel to meet a minor with the intent to engage in sexual acts or solicit the minor for such acts.

The federal law governing this offense is found in the Sexual Exploitation and Other Abuse of Children section of the U.S. Code at 18 U.S.C. § 2423, while in Florida, it is governed under Florida Statute Chapter 847, specifically Section 847.0135. Both state and federal law imposes serious penalties, but the approach to investigating and prosecuting these crimes varies significantly depending on whether the case proceeds in state or federal court. Continue reading

Published on: | by

The State of Florida has taken a firm stance against the exploitation of children, particularly when it comes to online predation and child sexual abuse. One of the more serious crimes of this type is traveling to meet a minor for the purpose of engaging in sexual activity. This offense is a violation of Florida law and carries severe penalties that reflect the state’s commitment to protecting children from exploitation. In this article, we will explore the crime of traveling to meet a minor for sex in Florida and the implications to you or a loved one either under investigation or arrested for this crime.

Legal Definition and Elements of the Crime

Florida Statutes § 847.0135 addresses the crime of traveling to meet a minor for sexual activity. Under this statute, it is illegal for an adult to travel to a location within the state for the purpose of engaging in sexual activity with a minor. The law applies regardless of whether the adult has already communicated with the minor directly or through an intermediary, such as a parent or guardian, provided their intent is clear and established.

To be convicted of this offense, the prosecution must prove the following elements: Continue reading

Published on: | by

Were you arrested or given a notice to appear for leaving the scene of an accident in Florida?  Or, have you received calls from the police requesting to discuss you leaving the scene of an accident with them?  If so, there are steps you can take to avoid being found guilty even if you really did hit a car and then leave the scene.

Leaving the scene of an accident, or “hit and run” as it is commonly called, is governed by
Florida Statute section 316.061. Under that section, the offense of leaving the scene is committed when you:

  1. are involved in an accident or crash with another person’s property; such as a vehicle, building, or structure; and
  1. willfully leave the scene of the accident or crash without providing your name, address, registration information, and driver’s license to the owner of the property.

If the owner of the property is not present for you to provide your information or cannot be readily located, you are required to report the accident or crash to the nearest law enforcement agency and provide your name, address, registration information, and driver’s license. Continue reading

Published on: | by

Have you  been arrested, or received a notice to appear or citation, for petit theft?  If so, you will soon need to be even more careful how your case is resolved due to a recent proposal to strengthen Florida laws concerning theft crimes.

Up until now, persons committing petit theft in Florida generally did not have to worry about going to jail or prison for their offense.  But earlier this week Governor Ron DeSantis announced proposed legislation aimed at slowing the increasing numbers of retail theft and porch piracy throughout the country. According to Governor DeSantis, retailers nationwide lost $112 billion to retail theft, with notable increases in major cities such as New York, Los Angeles and Washington, D.C.

“If you commit a crime in Florida, you are going to be held accountable,” Governed DeSantis warned.  “We will not tolerate retail crime, porch pirates and the lawlessness that they allow in California and New York.” Continue reading

Published on: | by

Were you ordered out of your parked car by the police who then found drugs, firearms or other contraband inside?  If so, depending on the facts of your particular situation, you may be able to get your case dropped.

In Taylor v. State, Escambia County Sheriff’s Deputy David Ramires responded to a call about a man asleep in a vehicle with a knife on his lap. Upon arrival at the reported location, Deputy Ramires observed the man, Aron Taylor, was sleeping in the driver’s seat of a vehicle with a “fairly large knife” on his lap. The vehicle was legally parked, its engine was off, and no one other than Taylor was in it.

Deputy Ramires did not smell an odor of alcohol. The surrounding area was not a high crime area. Deputy Ramires had no reason to believe Taylor had committed, was committing, or was about to commit a crime. Moreover, at no time during the encounter did Ramires have any reason to be concerned for Taylor’s health or safety. Ramires then called for backup from other deputies, as was his practice “even if it’s just a welfare check.” Continue reading

Published on: | by

Are you being investigated, or have you been arrested for child abuse for spanking or similarly  disciplining your child in Florida?  If so, you may be able to use Florida’s child discipline defense to get the investigation terminated or your charges reduced or dropped.  Whether the defense applies to your particular situation will depend upon both the manner in which, and why, you disciplined our child.

In child abuse cases involving knowingly or willfully abusing a child without causing great bodily harm, permanent disability, or permanent disfigurement, the crime can be charged as a third degree felony, punishable by up to five years and a $1,000 fine.

Florida Statute section 827.03 (b) requires the State must prove the following elements beyond a reasonable doubt to charge you with the crime of child abuse. First, the alleged victim must be under the age of 18.  Secondly, the prosecutor must prove you did one of the following acts:

  1. intentionally inflicted physical or mental injury upon the alleged victim;
  2. committed an intentional act that could reasonably be expected to result in physical or mental injury to the alleged victim; or
  3. actively encouraged another person to commit an act that resulted in or could reasonably have been expected to result in physical or mental injury to the victim.

Many people are familiar with the biblical admonition that sparing the rod spoils the child.  And, following that advice, many parents spank their children as a form of punishment and discipline.  Depending on the circumstances, however, spanking your child can put you at risk of being investigated for child abuse. Continue reading

Published on: | by

If you have an iPhone, you may soon be subjected to warrantless searches of your photo libraries by Apple.  And, if Apple finds any child pornography on your phone, you’ll most likely end up being arrested and prosecuted.  This article explains more about this privacy intrusion and how you may end up with criminal charges from a search of your phone’s images by Apple.

As Apple’s own privacy policy notes, “[p]rivacy is a fundamental human right.” Apple’s privacy policy further states “[y]our devices are important to so many parts of your life. What you share from those experiences, and whom you share it with, should be up to you. We design Apple products to protect your privacy and give you control over your information.” Apple’s new scanning technology, however, appears inconsistent with this policy.

According to a recent article in the New York Times, Apple last week announced it plans to introduce new tools that will allow it to scan iPhones for images related to the sexual abuse and exploitation of children. Apple is promoting these innovations as part of a child safety initiative. Continue reading

Published on: | by

Were you arrested after the police discovered drugs, an illegal firearm and/or other contraband while checking on your safety while you were in your car?  If you were, a recent case from the First District Court of Appeals shows how you may be able to have your case dropped.

In Taylor v. State, Escambia County Sheriff’s Deputy David Ramires responded to a call at 4:30 a.m. about a man sleeping in a vehicle with a knife on his lap. Upon arriving at the reported location, Deputy Ramires observed Mr. Taylor was indeed sleeping in the driver’s seat of a vehicle with a “fairly large knife” on his lap.

Taylor’s car was legally parked, it was not running, and no one else was in the vehicle. Deputy Ramires did not smell alcohol. The surrounding area was not a high crime area. Continue reading

Contact Information
2788 Oak St
Jacksonville, FL 32205
Phone: (904) 354-0333
6015 Morrow St
Jacksonville, FL 32217

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Please do not include any confidential or sensitive information in a contact form, text message, or voicemail. The contact form sends information by non-encrypted email, which is not secure. Submitting a contact form, sending a text message, making a phone call, or leaving a voicemail does not create an attorney-client relationship.

Copyright © 2016 – 2025, Roelke Law, P.A.
JUSTIA Law Firm Blog Design