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The Khonsari Law Firm Blog

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Flirty or “Sexting”? Racy Teen Texts and Florida Law

Electronics are everywhere, and we all use them: smartphones, tablets, laptops, desktop computers. Teenage cellphone use now outpaces adult use. A few years ago, nearly 80 percent of all teenagers had a cell phone (according to the Pew Research Center). The numbers are even greater today. It’s so easy to search, click, forward, and send amusing j [...]

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I Was Arrested With Rolling Papers—Now What?

So many products have everyday, common uses. Plastic bags are used to wrap sandwiches. Rolling papers and pipes are used for smoking ordinary tobacco. How do rolling papers become illegal drug paraphernalia when used (or intended to be used) to ingest, store, or contain a controlled substance. Drug Paraphernalia Defined Florida Statutes 893.145 d [...]

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Help! My High School Student’s Locker Was Searched

We’re all aware of the recent senseless school shooting in Parkland, Florida. This has resulted in more calls for beefing up school security. With that, tensions flare between privacy, freedom, and individual rights versus the school’s need for safety. Fourth Amendment and Search and Seizure Watch CNN, Law & Order, or any television police, [...]

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Shoplifting Is Big Business

The National Association for Shoplifting Prevention (NASP) reports some staggering statistics. There are 27 million shoplifters in the United States today. This averages to about one out of every 11 persons. You might think shoplifting is a crime associated with teenagers, but out of this group, 75 percent are adults, and only 25 percent are minors [...]

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What Is Manslaughter?

In Florida, manslaughter is a killing of another human being that does not meet the requirements of murder. Unlike murder, manslaughter does not require premeditation. Florida breaks manslaughter into two different categories: voluntary manslaughter and involuntary manslaughter. What are the elements of voluntary manslaughter? For voluntary mansl [...]

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What is a Plea Bargain?

A plea bargain is an agreement between the defendant and prosecutor that involves the prosecutor recommending a lighter sentence or bringing less serious charges in exchange for the defendant pleading guilty. According to the Department of Justice, 90 percent to 95 percent of all cases are resolved through plea-bargaining. Some defendants choose no [...]

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a sign that says driver's license check point ahead

Was That DUI Checkpoint Legal?

Even though DUI checkpoints in the United States are generally legal, they must comply with various rules imposed by federal and state law. These DUI checkpoints are in place to both deter drunk drivers and also catch those who in violation of the law. According to the Centers for Disease Control and Prevention, alcohol-impaired driving crashes mak [...]

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Marijuana Arrests are Serious

With the legalization of marijuana on the rise across the United States, it is easy to underestimate the seriousness of marijuana arrests. According to the American Civil Liberties Union (ACLU), most drug arrests involve illegal possession or abuse of marijuana. Additionally, 88 percent of marijuana arrests between the years 2001 and 2008 were for [...]

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DUI Enforcement Often Spikes Around Memorial Day

Between Memorial Day and Labor Day, DUI related injuries often peak. DUI enforcement spikes during this period of time for various reasons—most college students are on summer break and more people are on the roads than usual. Not to mention, people typically drink more in the summer months than they do at other times of the year. Per National Hig [...]

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Can the Police Peek in Your Windows?

Generally, in Florida, police cannot search a person’s property without a search warrant or consent from the owner of that property—unless some type of exception applies. Under the Fourth Amendment, people have a reasonable expectation of privacy and government may not engage in an unreasonable search and/or seizure. When they do, the eviden [...]

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