FAQ

Criminal Law

If you are being faced with criminal charges, time is of the essence and  you probably have questions about your future and what happens next. You need to know your defense options and that someone is by your side. Our goal is to dedicate the necessary resources to provide the best result possible. Whether you’ve been charged with a felony or a misdemeanor, Kaba Law Group will fight for you to ensure that you come out victorious in your legal matter. Here are some frequently asked questions about criminal law:

 

What cases fall under criminal law? 

Criminal law has two sub areas; Felonies and misdemeanors. A felony is a crime that is punishable by imprisonment for long than a year. These include but are not limited to:

  • Medical Fraud
  • Bank & credit card fraud
  • White collar crimes
  • Money laundering
  • Drug trafficking
  • Probation violation
  • Forfeiture
  • Armed burglary
  • Aggravated battery
  • Aggravated assault
  • Grand theft

A misdemeanor is a law that is punishable by imprisonment for a year or less. These include but are not limited to:

  • Domestic violance
  • Check fraud
  • Simple battery
  • Reckless driving
  • Loitering & Prowling
  • Trespassing
  • Vandalism
  • DUI/drunk driving
  • Indecent exposure
  • Possession of drug paraphernalia

 

What should I do if I have been arrested? 

Being arrested can be a paralyzing experience. First thing you should do is remember you have rights. Police will attempt to question you but you are not legally required to answer any questions. Remain silent and contact Kaba Law Group as having an experienced attorney by your side can make all the difference in the outcome of your case.

 

Should I represent myself in a criminal case? 

It is not a good idea to represent yourself in a criminal case, especially if jail time is possible. Criminal law deals with complicated laws that should be followed to ensure the best outcome.

 

What is bail? 

Bail is the process by which you pay a set amount of money to obtain your release from police custody. As part of your release, you promise to appear in court for all your scheduled criminal proceedings. If you show up to court, the bail amount will be returned. If not, you will be arrested and you will forfeit the bail amount.

 

What is a white – collar crime? 

A white collar – crime refers to nonviolent crimes involving fraud or any other dishonesty committed in business or commercial contexts.

 

What happens if the police didn’t read me my rights? 

If you are arrested and police fail to read you your miranda rights, your attorney can use this to attempt to get the charges dismissed. However, if there is a staggering amount of evidence that you committed a crime, there is a good possibility that your conviction will stand.

 

What is the difference between parole and probation? 

Parole refers to a criminal offender who is conditionally released from prison to serve the remaining  time of their sentence in public. Prisoners on parole typically have to fill out paper work and follow set rules of conduct while in the community. Failure to follow the rules usually results in returning to incarceration .

Probation refers to a period of time before a person is sent to prison. This permits the offender to remain in the community instead of serving time in jail. If probation is violated, your probation officer has the discretion to give you a warning, or requires you to attend a probation violation hearing. Sometimes if a judge determines that you violated your probation, you can face jail time or more.

 

For more information on criminal law contact our office at (305) 245-9990 or send an email to Clients@kabalaw.com

 

 

 

 

Dog bite

Florida is one of the many states which enforces statues which make dog owners liable for any injuries caused by their animals. There are very strict liability statues which impose liability without assessing fault.  This means that the injured party does not have to prove that the owner did anything wrong.  If you or a loved one have been harmed by a dog bite, you may need some legal advice to know how to proceed.  Here are some frequently asked dog bite questions:

 

 

Who should I contact after a dog bite?

First, you should call an ambulance or someone who you trust to take you to the hospital. Next you should get in contact with the police and Kaba Law Group. Also, if the Dog is a stray you should call animal control so it doesn’t injure other people.

 

Who is responsible for a dog bite?

As the owner, you’re liable for any injury or harm your dog inflicts upon another person.

 

What are some common types of dog bite injuries?

Dog bites are associated with many different types of injuries. Bites to the arms, legs, face, neck, fingers are common.   bites to the face may cause vision loss or total blindness. Dog bites can puncture skin and cause wounds, abrasions and eve broken bones especially when a larger dog is involved. Also, if the dog has not had its shots, infections and even rabies can be a problem

 

How long will it take to resolve my dog bite claim?

This depends on the healing process and the severity of the injury. Our attorney will make sure they are aware of all injuries and potential future damages.

 

Which dogs would bite me?
Any dog can bite even a Chihuahua or a pug. While some dog breeds are more aggressive than others, a dog will bite you if it is sick or if it feels threaten.

 

What if I was bitten by a stray dog?

It is more difficult to pursue a dog bite from a stray dog. The government isn’t responsible for stray dogs. However, Individuals can still pursue a claim if there is a claim entity or individual that can be held legally responsible. For example, if animal control allows a dangerous dog to escape and the dog bites you, it may be possible to file a claim against the animal control center for negligence.

 

What if someone’s dog kills my pet?

Your pets are your property; therefore, if another person’s negligence with their dog results in the loss of your pet, that negligent owner is responsible for your loss and damages.

 

For more information on Dog bite law contact our office at (305) 245-9990 or send an email to Clients@kabalaw.com

 

Elder Law

What does an elder law attorney do? 

Elder law is an area of law that caters on the legal needs of the elderly. An elder law attorney handles a wide range of legal matters affecting an older person such as healthcare, guardianship, Medicaid and other legal matters.

 

Why would I need an elder law attorney? 

Senior citizens face unique issues that require efficient management to prevent the elderly to be taken advantage of. An elder law attorney helps their client and their families deal with issues that affects people due to long life or disability.

 

What is the difference between medicaid and medicare? 

Medicare is a federal program that provides health coverage  if you are 65 or older or have dome severe disability, no matter your income. On the other hand, Medicaid is a state  and federal program that provides health coverage if you have a very low income.

 

Does Medicare cover the cost of long term care? 

No. Medicare only covers short – term rehabilitation but does not cover custodial care at home or in a nursing home. Medicare cover acute illnesses such as stroke, leukemia, heart failure, heart surgery but not chronic illnesses such as Asthma or Alzheimer disease.

 

What is the difference between a will and a trust? 

A will is a Document that indicates how your property will be distributed at the time of your death. A will also allows you to appoint a guardian for your minor child. A trust is a document that covers only property that has been transferred to the trust. In order for the property to be included in a trust, it must be put in the name of the trust.

 

How can I find a good nursing home for my loved one? 

Before doing a lot of work, you should ask friends, family members, hospital staff, and neighbors. Once you have some homes that sound good you should go for a visit, while you’re visiting, there are some questions you should keep in mind:

  • Is the nursing home clean?
  • How much privacy is there?
  • Is the staff friendly?
  • Do they offer activities that interest you?
  • Do they have Telephones and TV in the rooms?
  • Is transportation provided?
  • How often is a doctor on site?
  • Does the food meet high nutrition standards? Does the food taste good?

These are just some basic questions that you should be asking yourself on the visit to ensure that your loved one will be in good hands.

 

If my spouse is entering a nursing home, will I be able to keep any of our property and savings or do I need to spend it on my spouse’s nursing home care? 

The Spouse that is not entering the nursing home will not need to spend all of your savings and assets on your spouse’s nursing home cost. The spouse that is not entering the nursing home is known as the community spouse. The community spouse is permitted by law to keep the home, furnishing, one car and certain other assets, along with some amount of money depending upon the application of a formula.

 

What is a special needs trust? 

A special needs trust is a trust that is set up to hold a person’s money when they on public benefits. A special needs trust also called a supplemental needs trust covers the percentage of a persons financial needs that are covered by public assistance payments.

 

For more information on elder law contact our office at (305) 245-9990 or send an email to Clients@kabalaw.com

 

Family law

What is a divorce? 

A divorce is a legal action between married people to terminate their marriage. It can be referred to as a dissolution of marriage and is basically, the legal action that ends the marriage.

 

I’m getting divorced, do I need an attorney? 

Like any legal matter, Family Law deals with complicated laws and rules that must be followed to obtain the best result. With over 31 years of experience, attorney Moises Kaba will help you deal with any complexities with the case and protect your legal rights and entitlements.

 

What is considered a family case? 

Family law address numeral issues that may affect you and your family. Family law includes but is not limited to:

  • Divorce
  • Child support
  • Enforcement actions
  • Modification
  • Paternity
  • Custody
  • Domestic violence
  • Change of name
  • Alimony
  • Petitions of temporary & permanent injunction.

 

How do I file for custody? 

Filing for custody is a long and tedious process, having an experienced attorney by your side will ensure that everything goes will and help you protect your rights. If you want to request for child custody you can request a certain custody arrangement by submitting a parenting plan with your divorce.

 

What is a parenting plan?

A parenting plan is a document that outline how parents will raise their child after separation or divorce. A parenting plan may address issues such as the child’s education, health care, physical social and emotional well-being and it must include a timesharing schedule.

 

How long does a divorce take in Florida? 

This depends on the type of divorce but usually an uncontested divorce can take anywhere from 3 to 5 once all the paperwork is completed. In a contested divorce, there are more issues the court has to decide such as child support, alimony, etc. This usually takes anywhere from 3 to 12 months or even more.

 

What is the difference between a contested and an uncontested divorce? 

In a contested divorce, the parties cannot agree, either about getting divorced or about the terms of the divorce, custody of the children, child support, and alimony. On the other hand, an uncontested divorce both parties agree on everything and don’t need the court to divide assets or make the determination.

 

How is property divided in Florida? 

Florida is an “equitable distribution” state, and material property and property acquired during the marriage, will be divided equally upon divorce unless there is a special equity claim.

 

Do I need to have grounds for a divorce? 

There are two grounds for divorce in the state of Florida: if the marriage is irretrievably broken or mental incapacity of one of the parties for a period of three years.

 

For more information on family law contact our office at (305) 245-9990 or send an email to Clients@kabalaw.com

Immigration law

Do I need an immigration attorney? 

You do not need an immigration attorney. There are no regulations requiring people to have an immigration attorney. However, you definitely should have one. Immigration law is very complicated and there are many aspects to a case that require professional assistance despite what you may read online.

 

What is a Visa? 

A visa is an official document provided by the country you wish to visit, granting you temporary permission to enter the country for a certain amount of time.

 

What is a green card? 

A green card is a permit that allows a foreign national to live and work permanently in the united states.

 

How ling does it take to become a U.S. citizen? 

First, you must get your visa which holds for about a year. After you get your visa, you need to get a green card which is valid for two years. During the two years, you need to remove the conditions for permanent residence by either getting married or starting a business which you will need to wait anywhere from three to five years. On average, it takes about eight years to become a citizen.

 

How can I become a citizen of the U.S?

Citizenship is a process in which an individual can lawfully reap the benefits of those who were born and raised in the United States. In order to become a citizen of the United States, you must go through a process known as naturalization.

 

What is naturalization? 

Naturalization is the process by which a citizen of one country becomes a citizen of another. It usually requires for said person to stay in the country for a specified amount of time (usually five years).

 

Do I have to disclose all my criminal history on my immigration application? 

Yes. You have to list all arrest, convictions and crimes including crimes that you were not arrested or convicted for. Even if you think they are minor crimes, certain crimes may deny an individual of immigration benefits, thus, it’s best to disclose all criminal history.

 

What is the difference between citizenship and naturalization?

Citizenship is granted at birth, either from being born in the U.S. or being abroad parent who are citizens. Naturalization is nationally acquired after birth.

 

I was charged with a crime years ago, can I still become a citizen? 

You can still become a citizen depending on the type of crime that was committed and how long ago it happened. If you have a criminal record you should consult with our attorney to determine if you are eligible.

 

I have received a deportation notice; can it be appealed? 

Yes. The alien has 30 days to appeal the decision to the board of immigration. If the board of immigration declines the claim, then the matter can be appealed to the U.S. court of appeals.

 

What types of visas are available for people to come to the United States? 

There are more than 20 visa types for people traveling to the United States temporarily. There are many more types of immigrant visas for those coming to live permanently in the United States.

 

How can I immigrate with my family? 

Legal immigrants living in the U.S. can file a petition for their spouse or children to join them. Additionally, a petition can be filed to bring a fiancé to the U.S. to be married.

 

How long does it take to obtain a U.S. passport?

After receiving a green card, you must wait five years before coming eligible to apply for citizenship, unless the green card was received as the result of a marriage case, and then there is a three-year waiting period.

 

What are the benefits and privileges of becoming a U.S. citizen?

The benefits and privileges of becoming a united states citizen include being able to vote in local, state and national elections, having privileges to obtain passport, not being subject to deportation from the United States.

 

For more information on immigration law contact our office at (305) 245-9990 or send an email to Clients@kabalaw.com

 

 

 

 

Personal Injury

How do I know if i have a personal injury Case?

To determine if you have a viable personal injury claim, you should begin to ask yourself three basic questions:

  • Did you suffer personal injury and not just property damages?
  • Were your injuries caused by the negligence of another person or entity?
  • Finally, Do you have recoverable damages?

If you answered “yes” to all three questions, you may be able eligible to obtain financial compensation.

 

What type of injury cases does Kaba Law Group handle? 

Kaba Law Group handles numerous types of personal injury cases that may affect you. Persona injury cases include but are not limited to:

·      Auto accidents
·      Boat Accidents
·      Slip & fall
·      Bicycle Accidents
·      Premise liability
·      Airplane Accidents
·      Wrongful Death
·      Motorcycle accidents
·      Catastrophic injuries
·      Pedestrian accidents
·      Assault battery
·      Animal Bites
·      Uninsured motorist
·      Paralysis

 

How soon after I am injured do I have to file a lawsuit?

Under Florida’s statute of limitations for personal injury cases, you have four years from the date of the accident to file a lawsuit in Florida’s civil court.

 

 

Should I notify my insurance of the accident? 

When you have a personal injury claim, you should always notify your insurance company. A lot of insurance companies require for you to report an auto accident; This allows your own insurance company to start their investigation.

 

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Product liability

As consumers, we expect that the products we purchase are safe for our use. Sadly, this is not always the case. At Kaba Law Group, we  believe that manufactures should be responsible for the compensation of consumers if their products result in injury. We  fight for those who have been injured by unsafe products so you can get your compensation. Here are some frequently asked product liability questions:

 

What does product liability mean? 

Product liability refers to the responsibility of a manufacturer or vendor of goods to compensate for injury caused by defective merchandise that it has provided for sale.

 

If I am injured or a loved one is killed by a defective product, who do I sue?

If you or a loved one have been injured due to a defective product, then you can sue the manufacturer of the product and every company that was in the marketing chain of the product.

 

How long do I have to file a claim? 

The deadline to file a claim is known as a statute of limitations. If you fail to file your lawsuit before the statute of limitations expires, the judge will throw out your case no matter how good your claim may be.

 

What if the product has a disclaimer? 

A Product disclaimer does not protect the manufacturer from liability. A product manufacturer has a duty to warn and instruct how to properly use the product.

 

What is a manufacturing defect? 

A manufacturing defect occurs when a mistake is made during the process of building the product.

 

Can I sue after a recall? 

If a product is recalled while  a lawsuit is active, then it can be used as evidence that the product is defective. However, a product recall does not save the manufacture for claims brought against it after a recall’s initiation.

 

What happens if I no longer have the defective product. 

Although it’s important to preserve the defective product, failure to do so does not prevent you from having a claim.

 

What happens if a defective product injures me? 

If you are injured by a defective product, stop use of the product and try to preserve it. Take pictures of the injuries and of the product and contact Kaba Law Group so we can begin investigation of the product.

 

How much is my case worth? 

There is no standard of amount of money that defective product cases are worth. To determine the value of your case, Kaba Law Group will evaluate how your injuries were caused, the severity of your injuries, and what future expenses you will have due to your injuries.

 

For more information on product liability contact our office at (305) 245-9990 or send an email to Clients@kabalaw.com

Real estate

What is real estate law? 

Any legal matter that has to do with property is real estate law. This includes residential, commercial, and privately owned businesses.

 

Do I need an attorney for my closing?

An attorney is not required  to conduct your closing but when an attorney is present, the cost of title insurance does not increase so most people hire an attorney.

 

What is a disclosure statement? 

A disclosure statement is an official document that states the condition, rules, and terms of a financial transaction such as a loan or an investment. A disclosure statement is important because it provides the investor with information and obligation about the property.

 

What is a mortgage? 

A mortgage is a loan that a bank or a mortgage lender gives you to help finance a house. If you fail to repay the money that you have borrowed plus interest, the lender has the right to take your property away.

 

What is a deed? 

A deed is legal document that transfers property from one party or parties to another. A deed is one of the most important documents associated with real estate transaction.

 

What are potential grounds for an eviction? 

Although this depends on how it is addressed on your lease agreement, some potential grounds for eviction may include late payments, violations of the rental or lease agreement, not making a payment, complaints and improper use of the property.

 

What can a title search reveal? 

A title is a detailed examination of the property. These records include deeds, mortgages, court records and many other documents. the sole purpose of a search is to verify the property owner’s right to sell or finance the property and to find out any defects to the property.

 

What is the difference between a residential and commercial property? 

Commercial property is used for business or industrial use. On the other hand, residential property is intended for the needs of a homeowner and their family.

 

For more information on real estate law contact our office at (305) 245-9990 or send an email to Clients@kabalaw.com

Workers compensation

What is workers compensation? 

Workers compensation is an insurance program that provides compensation to employees who suffer job related injuries. Workers compensation is a no fault system. No matter what caused the injury – employers negligence, employee negligence or both, workers injured on the job receive benefits under the law.

 

Do I need an attorney? 

You are not required to have an attorney when filing for workers compensation but having an experienced attorney by your side can increase your chances of receiving the benefits. If you depend on these benefits to support you and your family, having an attorney is the safe route to take.

 

How long after an accident do i have to report an injury? 

You have 30 days by law to report your injury or your claim can be denied for failure to notify your employer.

 

Does workers compensation cover injuries to all employees? 

No. not all employers are required to have workers compensation coverage. It varies from state to state but an employer’s responsibility to provide coverage depends on the type of business and what type of work the employees are doing.

 

What happens if my employer refuses to pay? 

If your employer refuses to pay on your claim or your claim is denied, you can take action or appeal the denied claim. Our firm fights aggressively to ensure that your legal rights are protected.

 

Can my employer fire me if I file for a workers compensation claim? 

The short answer is no. An employer can face civil liability if they fire someone who files a workers compensation claim.  If your employer fires you because of a workers compensation claim, you are allowed to sue them for wrongful dismissal.

 

What happens if I can never work again because of my work injury? What benefits do I have? 

If you can never work again due to your work related injury, you are entitled to permanent total disability benefits. Besides permanent disability benefit, supplemental benefits are available to permanently disabled workers.

 

Do I have to be injured at my workplace to be covered by workers compensation?

No you don’t. As long as the injury is work related, its covered. For example; if you are running errands or attending a business related function, it will be covered.

 

What should I do if the insurance company denies my case? 

If the insurance company denies your claim, you should seek guidance of workers compensation attorney.

 

Do I have to pay any medical bills due to me being injured at work? 

No. All authorization medical bills are suppose to be submitted to your employer.

 

For more information on workers compensation contact our office at (305) 245-9990 or send an email to Clients@kabalaw.com

 

 

Wrongful Death

What is wrongful death?

Wrongful death is described as a death caused by the wrongful act or negligence of another.  A wrongful death claim is a claim that is filed by the victims surviving family members in order to obtain compensation for all financial and emotional damages.

 

Is there a time limit to apply in filing a wrongful death claim?

Yes.  There is a statute of limitations applies in case of wrongful death but varies by state. In Florida, a wrongful death claim must be filed within two years from the date of death.

 

How long does it take to settle a wrongful death case?

There is no “one size fits all” answer as many factors come into play. However, our firm handles wrongful death lawsuits as a top priority and pushes them along as urgently as possible so you can recover from your losses and continue with life.

 

Is a wrongful death case criminal or civil?

A wrongful death suit is civil. A criminal case is brought when the government is seeking to punish an individual for committing some type of crime.

 

What does survival action mean?

Simply states, a survival action allows the deceased’s estate to assert a claim for the decedent’s injuries before he/she died.

 

Are all state laws the same when it comes to wrongful death?

No. There are many differences, different states have different statute of limitations, different laws and different steps that must be taken. Determining the state in which you should bring a wrongful death action is important as some states do not allow certain types of damage awards.

 

What if an unborn fetus dies?

Unfortunately, Florida Supreme Court has held that, an unborn fetus is not a person for the wrongful death of whom a tortfeasor is liable to its survivors for damages under the wrongful death act.

 

Do I need a wrongful death attorney?

Like any area of law, Wrongful death deals with complicated laws that must be followed to obtain the best result.  You must remember that you cannot always go through the process on your own and expect a fair settlement.