The Khonsari Law Firm Blog

Is House Arrest an Option in Florida?

House arrest is very viable sentencing option, and Florida has one of the largest house arrest programs in the country. House arrest in Florida is known as community control. Under community control, individuals convicted of a crime are confined to their home as part of their sentence. The Enabling Statute Florida Statutes Chapter 948 Section 10 pe [...]

Rohom Khonsari September 21, 2015

What is an Affirmative Defense?

Even if a defendant committed the otherwise unlawful actions alleged by the plaintiff, the defendant can still use what’s called an affirmative defense, or a set of facts that negate the alleged claims. In civil court, an affirmative defense might include assertions that the legal proceedings were initiated after the statute of limitations had al [...]

Rohom Khonsari September 20, 2015

What Is Reasonable Force?

Reasonable force, also known as legal force, is the amount of force necessary to protect oneself, another person, or one’s property from harm. One may need to exhibit force while defending his or herself from violent attack, theft, or another criminal threat. Under the right circumstances, reasonable force can be used as a defense in court. When [...]

Rohom Khonsari September 19, 2015

How Much of My Sentence Do I Have to Serve?

According to the Florida Department of Corrections, inmates who committed crimes on or after October 1, 1995, will serve a minimum of 85 percent of their sentences. This pertains to all inmates, regardless of the crime they committed. Truth in Sentencing Law In 1985, the state of Florida passed the Truth in Sentencing Law. This law states that anyo [...]

Rohom Khonsari September 16, 2015

Is a Warrant Required to Search My Internet History?

The Fourth Amendment of the Constitution guarantees citizens the right to be free against “unreasonable searches and seizures.” Unless police have probable cause or a valid warrant, your person and property are safe from intrusive searches. The explosion of new technology has proved problematic in the realm of privacy rights. A cell phone toda [...]

Rohom Khonsari September 14, 2015

Things to Know About Being Taken Into Custody

If you're taken into police custody, you're under arrest. That doesn't necessarily mean that you're going to be charged with a crime, but you're not free to leave. What Happens If You’re Taken Into Custody You might be released in 10 minutes and free to leave, or you might be transported to jail where you can either post a bail bond or await a ba [...]

Rohom Khonsari September 11, 2015

Can I File for an Expunction?

Expunging a criminal record can provide a second chance for someone, and the expungement process can begin immediately after a case is dismissed and closed. With the advent of instant background checks, criminal history can affect occupational, educational, housing and banking opportunities. Having a Criminal History Record Sealed vs. Expunged The [...]

Rohom Khonsari September 11, 2015

What Happens If I Receive Stolen Property?

In Florida, it is against the law for anyone to accept property that they know, or reasonably should have known, was stolen. However, what happens when you have no idea that the item was stolen? Receipt of Stolen Property You can be charged with receiving stolen property if you knowingly purchase, obtain, receive or possess an item that you should [...]

Rohom Khonsari September 9, 2015

Am I Being Detained and Arrested?

Some significant differences exist between the act of being stopped and the act of arrest. For legal purposes, and because they can follow each other in quick succession, detention and arrest are the same. The word “detain” means “to hold.” The police can detain a person if they have reason to believe that he or she is doing something suspi [...]