The Khonsari Law Firm Blog

Constructive Possession in a Drug Case

In a drug possession case in Florida, the State is required to prove that you were either in actual possession or constructive possession of an illegal drug. The burden of proof for the prosecutor is “beyond a reasonable doubt.” Thus, a prosecutor or state’s attorney must prove his or her case beyond a doubt based upon ordinary reason and com [...]

Rohom Khonsari January 6, 2017

Were You Acting in Self-Defense?

Under the law in the State of Florida, self-defense is an affirmative defense. Self-defense acknowledges that a violent act took place. However, the defense implies that under the circumstances, force was necessary and justified in order to combat another person's use of unlawful force. This defense can be used to avoid a conviction for assault, ho [...]

Rohom Khonsari January 4, 2017

Resisting Arrest FAQ

Q.What Qualifies as Resisting Arrest? A. Fleeing from law enforcement, refusal to obey orders, providing false or misleading information, concealing evidence, physically preventing the application of handcuffs, going limp to make an arrest more difficult and any other activity which delays an officer or makes their arrest or investigation more diff [...]

Rohom Khonsari December 30, 2016

What are the Penalties for a DUI in Florida?

A DUI is classified as an offense in which an individual over the age of 21 drives impaired with a blood or breath alcohol level of 0.08 or more. Even if you only had one mixed drink, you’re dramatically raising your chance of being in a vehicle crash. With New Year's Eve quickly approaching, it's important to stay safe while on the roads and kno [...]

Rohom Khonsari December 28, 2016

Long-Term Implications of a DUI Conviction

Being convicted of violating Florida’s DUI law can have significant short and long- term effects on your life and can be an all-around hassle. The immediate ramifications of a DUI conviction include hefty fines, probation, or even jail time. The information below explains some of the common long-term effects of a Florida DUI conviction. Losing [...]

Rohom Khonsari December 21, 2016

Common ways to Suppress Breathalyzer Evidence

In the State of Florida, it is illegal to operate a motor vehicle with a blood alcohol content (BAC) of 0.08% or higher. A breathalyzer test is the most important evidence for a Florida prosecutor to have at his or her disposal during trial. As such, it is important to use every means possible to try and suppress breathalyzer test results. What fol [...]

Rohom Khonsari December 19, 2016

Florida Traffic Tickets Can Escalate Quickly

Traffic tickets are usually the result of a moving or non-moving civil infractions, which are non-criminal traffic offenses. Examples of these types of traffic offenses include speeding, running a stop sign, running a red light, failing to wear a seatbelt, or double parking. These traffic offenses are not punishable by incarceration, but rather pen [...]

Rohom Khonsari December 16, 2016

Signs that Your Rights Were Violated at a Traffic Stop

In many traffic stops, the real reason why police officers pull drivers over is not for texting, speeding, running a stop sign, or failing to use a turn signal. In most cases, the traffic stop occurs because the officer suspects that the driver is under the influence of drugs or alcohol. This type of stop is known pretextual stop, and they were d [...]

Rohom Khonsari December 14, 2016

Florida Violent Crime Basics

Crimes which involve the use of force or violence against another person are severely punished under Florida law. A conviction for a violent crime in Florida can result in a hefty fine, lengthy prison sentence, and/or compensation (restitution) paid to the alleged victim, among other penalties. Violent crimes in the state of Florida include the fol [...]

Rohom Khonsari December 12, 2016

Searching your Car in Florida

When a person is pulled over by the police, it is often debated whether that officer had the authority to search the vehicle. The Fourth Amendment to the United States Constitution states that people must be free from unreasonable searches and seizures. For some traffic stops, an officer may be able to search a car without a warrant and under restr [...]

Rohom Khonsari December 9, 2016