Category: Immigration Law · Statute: INA § 212(a)(2) · Source: Florida Legislature
Understanding Crime of Moral Turpitude (CIMT) in Florida
In Florida, a Crime of Moral Turpitude (CIMT) is not a specific offense listed in the state's criminal statutes. Instead, it is a classification used primarily under federal immigration law to describe offenses that involve conduct that is inherently base, vile, or depraved, and contrary to the accepted rules of morality and duties owed between persons or to society. Florida courts and federal immigration authorities look at the specific elements of the state statute under which a defendant is charged to determine if the offense meets this definition. Generally, crimes involving an intent to defraud, theft with the intent to permanently deprive, or intentional violence resulting in serious bodily harm are classified as CIMTs.
The distinction between a CIMT and other offenses is critical for non-citizens residing in Florida, including lawful permanent residents and visa holders. Under the federal Immigration and Nationality Act (INA), a conviction for a single CIMT committed within five years of admission (or ten years in certain cases) can make an individual deportable if the offense carries a potential sentence of one year or more. Furthermore, two or more CIMT convictions at any time can trigger mandatory deportation proceedings, regardless of the length of the sentences imposed. Because Florida's broad theft and fraud statutes often trigger these federal definitions, a seemingly minor misdemeanor conviction can carry life-altering immigration consequences.
How CIMT Allegations Impact Florida Bail and Pretrial Release
When a non-citizen is arrested in Florida for an offense classified as a Crime of Moral Turpitude, the pretrial release process becomes highly complex. The primary risk is the issuance of an immigration detainer (ICE hold) by federal authorities. If a defendant is granted a standard monetary bail and pays it, the local Florida jail will not release them to the community; instead, they will be transferred to federal immigration custody. Consequently, defense attorneys must carefully coordinate the timing of posting bail with federal immigration proceedings to ensure the defendant is not immediately placed in deportation detention without a plan for representation.