FAQ

It would be a mistake to assume that a juvenile offense isn’t serious. These crimes and their result in Florida courts can follow a person for life, limiting their choices in colleges, student aid, jobs, housing and more. Take any juvenile offense charges seriously and contact a Tampa Bay juvenile offense lawyer.

In Florida, a child can be arrested and enter the juvenile justice system, which may result in incarceration in a secure juvenile detention facility. Their case may also be moved to adult court at the urging of the prosecutor.

Under Florida law, a child can be questioned by the authorities with or without the presence of their parent or guardian. However, it’s ideal to have a parent or guardian present, as well as a Tampa Bay juvenile offense lawyer who can help ensure the child’s rights are protected.

When you choose Kemp Law for a juvenile offense case, you will pay no up-front fees and we will give you a free and confidential initial consultation. Our fees will be taken at the resolution of your case, after we have helped you and your child.

If you get a traffic ticket in Tampa Bay or anywhere in the state of Florida, you might want to forget about it and figure it’s no big deal. But tickets can actually be quite serious if you fail to pay them or let additional tickets accumulate. Your license may be suspended or revoked, impacting your ability to drive, to get to work and to live your life.

Yes. People go to jail for traffic-related offenses every day in our state. For example, if you have three or more offenses within a five-year period, a judge may classify you as a Florida habitual traffic offender, which makes you eligible for jail time. You’ll need expert legal representation to plead your case.

Your traffic offense lawyer will help you establish what kinds of traffic offenses you have in your history, what kinds of penalties you may owe and whether you’re facing jail time. Your lawyer adds clarity to the situation and helps you figure out what to do next, which is a big relief. They may also be able to help you reduce your charges and avoid going to jail.

If you choose a traffic offense lawyer at Kemp Law, you will pay no up-front fees and we will give you a free and confidential initial consultation. Our fees will be taken at the resolution of your case after we have helped you with your traffic offenses.

Theft falls into several categories: theft, grand theft, larceny, burglary, robbery and embezzlement. Thefts can be prosecuted as misdemeanors or felonies, so speak to your lawyer to discuss exactly which type of charge you’re facing.

The penalties for a theft conviction can vary depending on the circumstances and the value of the property in question. Previous criminal convictions add to the severity of any penalties. The possession or use of a weapon during the commission of a theft may also play a role.

If you are charged with theft, you are innocent until proven guilty. Still, you might feel that you’re already being judged harshly by others. In our society, theft is regarded as an offense of moral turpitude, as it involves elements of morals and honesty. Just being charged with theft may damage your reputation and work relationships. A theft conviction may impact your ability to find future employment as businesses and other organizations may be reluctant to hire a convicted thief.

A failed drug test can be grounds for revoking your probation. You’ll need immediate legal assistance to handle this situation and state your case before the judge.

If your probation terms exclude you from having a weapon, this violation could be very serious for your future and you may be ordered to go back to jail for the rest of your original term. You may even face new charges. Contact Kemp Law as soon as possible.

We understand that mistakes happen, but the court isn’t usually lenient about it. A missed court-ordered class can be considered a probation violation unless there are special circumstances. Talk to your lawyer about your options in this situation.

If you believe your probation officer is lying or mistaken about the circumstances of your probation revocation, you need urgent legal assistance. The courts tend to take the opinions of probation officers very seriously, so this will be a difficult battle to fight without the help of a lawyer.

Your DUI criminal defense attorney helps you understand the charges you are facing, evaluates your various options for a defense or a plea, clarifies the timeline of what will happen, and presents your case to the judge in a professional way. Your Kemp Law attorney is always by your side as your case progresses through the legal system, which is a huge relief at a difficult time in your life.

When working with a DUI defense attorney at Kemp Law, there is no up-front fee. We provide a confidential and free case evaluation to get things rolling. Any fees that would be owed would occur at the end of your case.

You need a criminal defense lawyer who helps clients in the Tampa Bay area, and it should be a lawyer who is experienced with drug offenses. You need someone with a strong reputation who understands the legal system inside and out, so they can present you with a variety of options and represent you in court if necessary.

If you have been falsely accused of doing drugs or possessing drugs, it is even more important that you have experienced legal representation. A false accusation can still cause you a huge amount of legal trouble, especially if it happens during a child custody case, for example.

Jail time is definitely a possibility if you are facing drug charges. But there are other possibilities too, like a pre-trial diversion that prevents jail time. We can’t predict exactly what will happen without knowing your circumstances, so contact Kemp Law for a free case evaluation and we’ll help you understand what could happen next in your situation.

Domestic violence isn’t just about physical violence. It also involves verbal and emotional abuse and can include charges like stalking and making threats. If you’re wondering about the exact charges involved in your case, contact us for more information.

People who have been falsely accused need urgent legal representation. It’s extremely challenging to fight false accusations without the help of an experienced criminal defense lawyer.

Anyone can suffer attacks of domestic violence and endure the consequences. We represent men, women, husbands, wives, grandparents, children and others who are dealing with dangerous family violence situations. Don’t be afraid to reach out to Kemp Law for help.

No. Assault and battery are not interchangeable terms, despite what you may have seen on television. Do you know that assault does not even require physically touching someone else? It can involve gesturing with a clenched fist, displaying a weapon or even making verbal threats of violence combined with the immediate ability to inflict those threats. All of these would meet the legal definition of assault.

Battery requires physically touching someone but does not necessarily have to involve an actual injury. In a legal sense, battery can be touching someone with your hands or using a threatening object to touch them. The charge of battery can be upgraded to aggravated battery if there is great bodily harm.

There is no up-front fee when you choose Kemp Law. We will offer you a free and confidential initial consultation, then our fees will be taken at the resolution of your case after we have assisted you. This comes as a huge relief during such a stressful time.

When a couple lives together as a child’s parents, there is a legal and societal presumption that the child’s father is their biological father. Sometimes it becomes clear that this is not the case or the father questions their own genetic connection to a child. In these situations, a paternity test is required for clarity.

Florida is an equitable distribution state, which means marital assets are not automatically split 50/50 during a divorce. Instead, assets are split equitably as determined by a judge or by mutual agreement of the two parties involved.

Note that equitable does not mean “equal.” Equitable means the split should be fair. Factors that could influence the definition of “fair” include the duration of the marriage, whether or not a pre-nuptial agreement was drafted, and the financial contributions of each person. Any of these factors could radically impact how assets are divided.

The Florida courts have created guidelines that help determine what is in the best interests of the children, which is the primary factor. This includes the relationship between the parents and child, the stability of the parent, basic needs like food and clothing, financial records and the mental and physical health of everyone involved.

Because there can be wide variation in how the best interests of children are determined, you need an experienced divorce lawyer who can fully support you during this process.

There is often an imbalance of income during a marriage. For example, when one partner is a stay-at-home parent for 20 years, they experience a long gap in employment. The other working partner is more able to bring in an income. After a divorce, the stay-at-home parent may find it very difficult to support themselves, especially if they have a compounding factor like a disability.

It depends on the case you can make to the judge and the details of your exact situation. Florida judges tend to award temporary types of alimony more easily than permanent alimony because it is difficult to convince the court that you are completely unable to support yourself. Work with an experienced Tampa Bay alimony lawyer who can help you prove your case.

If you are court-ordered to pay alimony and fail to do so, you could face legal and financial consequences. A judge may order a wage garnishment, your tax refund could be withheld, you could be denied a passport and other documentation and privileges as a citizen and other consequences. Talk to an alimony attorney about your options in this situation.

The long list of factors that will be used to calculate the monetary value of alimony include:

• Length of your marriage
• Whether minor children are involved and the responsibility of each spouse
• Each person’s financial resources
• Owned property, including separate and joint marital property
• All sources of income, which includes things like investments
• Earning capacity, education, skills, employability and special circumstances
• Timing and expenses that may be temporary or permanent
• Marital standard of living
• Age, physical condition and emotional state of both spouses
• Contribution of each spouse during the marriage, such as education and childcare
• Tax considerations

Personal Injury Protection, or PIP, is a type of mandatory car insurance in Florida. It covers medical costs and lost income for you and your passengers, regardless of who is responsible for the accident.

A car accident attorney provides guidance to victims throughout the PIP claims process, negotiates with insurance companies, and ensures that victims procure the maximum benefits.

If your medical expenses surpass the PIP limit, a car accident injury attorney can assist you in seeking additional compensation from the insurance company of the driver at fault.

No, PIP does not cover non-economic damages such as pain and suffering. A car accident attorney can assist you in pursuing compensation for these damages.

There is currently no definitive answer. Although discussions have been ongoing about reforming or abolishing PIP in Florida, no modifications have been implemented as of now.

Fault is determined by the evidence collected during the investigation. We look to many things to determine fault in the case: we look to the police report, we look to witness statements, we look to the property damage to the vehicles, skid marks, layout of the cars, etc. Sometimes we even have to refer to accident re-constructionists to do a professional examination of the all the evidence to do a recommendation for us, but that does not happen in very many cases.

Here are some examples of what constitutes pain and suffering in a Florida auto accident case: physical pain, emotional trauma, limitations on daily activities, limitations on abilities at work, depression, scarring, disfigurement, and any kind of post-traumatic stress disorders.

The at-fault party’s insurance company could ask you to give them a recorded statement. You do not have to give them a recorded statement. However, if your own insurance company asks you for a recorded statement please seek advice from your attorney so that they can assist you in giving that statement. But yes you do have to comply and you do have to give your insurance company a recorded statement.

Here are some examples of what constitutes pain and suffering in a Florida auto accident case: physical pain, emotional trauma, limitations on daily activities, limitations on abilities at work, depression, scarring, disfigurement, and any kind of post-traumatic stress disorders.

It depends on who was at fault for the accident. If you were at fault, your insurance company will pay for the damage to the vehicle. If you were not at fault, the at-fault driver’s or owner’s insurance policy will pay for the damage, and if they do not have enough coverage to cover the damage to your vehicle, your collision coverage (if purchased) would pay for the damage to your vehicle.

It depends on who was at fault for the accident. If you were at fault, your insurance company will pay for the damage to the vehicle. If you were not at fault, the at-fault driver’s or owner’s insurance policy will pay for the damage, and if they do not have enough coverage to cover the damage to your vehicle, your collision coverage (if purchased) would pay for the damage to your vehicle.

You must report a car accident to your insurance company within ten days in Florida.

The at-fault party’s insurance company could ask you to give them a recorded statement. You do not have to give them a recorded statement. However, if your own insurance company asks you for a recorded statement please seek advice from your attorney so that they can assist you in giving that statement. But yes you do have to comply and you do have to give your insurance company a recorded statement.

Actually, most cases, or a large percentage of the cases are resolved pre-suit, which means the cases never go to court. We work with the insurance companies before filing suit to try to find a fair resolution for the client, which save money on expenses, court costs and attorney’s fees.

Fault is determined by the evidence collected during the investigation. We look to many things to determine fault in the case: we look to the police report, we look to witness statements, we look to the property damage to the vehicles, skid marks, layout of the cars, etc. Sometimes we even have to refer to accident re-constructionists to do a professional examination of the all the evidence to do a recommendation for us, but that does not happen in very many cases.

It depends on who was at fault for the accident. If you were at fault, your insurance company will pay for the damage to the vehicle. If you were not at fault, the at-fault driver’s or owner’s insurance policy will pay for the damage, and if they do not have enough coverage to cover the damage to your vehicle, your collision coverage (if purchased) would pay for the damage to your vehicle.

We like you to bring the driver’s exchange of information that the police officer gives you at the scene. We also like you bring any photographs of damage at the scene. Also bring your health insurance cards and your auto insurance cards or declarations page, so we can review the coverage available to you.