The Khonsari Law Firm Blog

search and seizure St. Petersburg Criminal Defense Attorney

Can You Have Your Warrant Recalled?

It's never good news to hear you have a warrant out for your arrest or for the search of your home, especially if you believe the warrant is unjustified or was issued in violation of your constitutional rights. The Fourth Amendment of the United States Constitution states that "no warrants shall issue, but upon probable cause, supported by oath or [...]

Rohom Khonsari April 26, 2017

Statutory Rape St. Petersburg Criminal Defense Attorney

Statutory Rape in Florida

Statutory rape differs from the traditional definition of rape in that it is based on the premise that minors do not have the mental and emotional capacity to consent to certain sexual activities, especially if the offender is older than the minor. For example, under Florida law, "[a] person 24 years of age or older who engages in sexual activity w [...]

Rohom Khonsari April 24, 2017

Criminal Record St. Petersburg Defense Attorney

A Spring Break Arrest Can Have Long-term Consequences

From Miami to Orlando to Fort Lauderdale, Florida has always been the place to be for spring breakers over the years. Florida’s beautiful beaches are the perfect place for college students to unwind mid-way through their spring semesters – usually during the months of March or April. However, a relaxing and enjoyable break can turn into a night [...]

Rohom Khonsari April 12, 2017

Breathalyzer Test St. Petersburg DUI Florida Lawyer

Can You Have Your Probation Terminated Early?

The good news about probation in Florida is that it is not a conviction. However, any violation of probation, whether it involves a failure to pay fines or costs, leaving the country, violating a curfew, or testing positive for drugs, can result in harsh consequences. The most common consequence of violating one’s probation is the issuance of a b [...]

Rohom Khonsari April 3, 2017

a police officer checking the driver's license of a car

Do You Have to Allow Police to Search Your Car?

The Fourth Amendment to the United States Constitution protects citizens from unlawful search and seizure. Pursuant to this rule, the police generally cannot search your car unless they have a warrant. However, there are several judicially-created exceptions to this rule. This is due to the Supreme Court’s theory of “reasonable expectation of p [...]

Rohom Khonsari March 24, 2017

police car with blue lights on top of it

Should You Answer Questions from the Police?

The general rule of thumb when dealing with the police is that you should not say anything if you suspect that you may be implicated in a crime. In fact, the Fifth Amendment guarantees your right to remain silent in the face of police questioning. If you are taken into custody, the police are required to inform you of this right through a Miranda w [...]

Rohom Khonsari March 22, 2017

lawyer's law book, gavel and scales of justice

What is a Preliminary Hearing in a Criminal Case?

A criminal court case consists of more steps than just a trial – there are several steps a defendant and his or her lawyers must make before a case even gets to trial. The classic criminal case begins with an arrest and then moves to the preliminary hearing state. A preliminary hearing--also known as a probable cause determination or a “trial b [...]

Rohom Khonsari March 20, 2017

Is Marijuana Legal in Florida?

The subject of the legalization of marijuana has become a hot-button issue in recent years, with several states legalizing it for medical usage, and a few even legalizing it for recreational use. While marijuana usage for recreational purposes is still illegal in Florida, the Florida legislature approved the use of low-THC and non-smoked cannabis f [...]

Rohom Khonsari March 17, 2017

Your Miranda Rights – What You Need to Know

Under both the Florida Constitution and the Constitution of the United States, in a criminal matter, a person may not be compelled to testify as a witness against himself in a criminal interrogation or prosecution. If you have been charged with a crime, prior to any interrogation or questioning, it is essential that you assert your right to the pr [...]

Rohom Khonsari March 10, 2017

Do You Need a Lawyer for a Minor Theft Case?

Theft encompasses many different crimes under Florida law. Minor thefts – or ‘petit thefts,’ as they are sometimes called – are less serious theft crimes, such as shoplifting. The charges and possible penalties in theft cases are based upon the property stolen. Generally speaking, a theft is classified as a ‘petit theft’ when the prope [...]

Rohom Khonsari March 8, 2017