The Law Office of Jessica Koester, LLCThe Law Office of Jessica Koester, LLC2024-03-11T08:29:02Zhttps://www.koester-law.com/feed/atom/WordPress/wp-content/uploads/sites/1403984/2023/05/cropped-Law-Office-of-Jessica-Koester-site-icon-32x32.pngOn Behalf of The Law Office of Jessica Koester, LLChttps://www.koester-law.com/?p=509672024-03-11T08:29:02Z2024-03-11T08:29:02ZCommon drunk driving defenses
Most defenses in drunk driving cases either challenge the validity of toxicology evidence or question the actions of the police officers involved. Breath test results may be excluded if the equipment used by law enforcement was not properly maintained and calibrated, and a blood test result could be challenged if the prosecutor cannot provide a complete chain of custody for the sample that was tested. DUI defenses that question the behavior of police officers usually challenge the legality of traffic stops. Police officers violate rights protected by the Fourth Amendment when they pull vehicles over without the requisite reasonable suspicion.
Affirmative DUI defenses
The most common affirmative DUI defenses are necessity and involuntary intoxication. A DUI defendant could mount an affirmative defense based on necessity if they drove while impaired to prevent greater harm. This could happen if a drunk driver gets behind the wheel to rush a badly injured person to an emergency room. A person becomes intoxicated involuntarily if they consume drugs or alcohol without knowing it. This often happens when drinks get mixed up at a party or gathering or food or drinks are “spiked” with drugs.
Proving guilt is not always easy in DUI cases
The penalties for driving under the influence are severe, but proving guilt beyond reasonable doubt can be challenging for prosecutors in DUI cases. DUI charges may be dismissed when toxicology tests were conducted improperly or with defective equipment. In some situations, drivers who get behind the wheel after drinking may mount affirmative defenses that explain their actions.]]>On Behalf of The Law Office of Jessica Koester, LLChttps://www.koester-law.com/?p=509542024-02-26T03:41:32Z2024-02-26T03:41:32ZHow is the performance of facial recognition technologies assessed?
The two major tests of any authentication system are security and accuracy. With facial recognition, there has been a notable improvement in authentication accuracy levels. However, Misuse of face recognition technology (FRT) by the government can lead to wrongful arrests and harm to individuals.
The Federal National Institute of Standards and Technology is the most common body for testing FRT systems. One of the criteria they use is searching for a similar face in their large "matching database" of faces. This is also the criteria the police use in criminal defense when trying to create a given face. While these assessments are effective, they have uncovered substantial racial inequalities.
Facial recognition problems
Although FRT is common in many industries, it has also faced some skepticism. Some of the concerns raised include:
Privacy
The ability to track and identify an individual's whereabouts is the key contributor to privacy issues of these systems. This may lead to an invasion of rights as it tracks individuals down wherever they go. There have also been some cases of data breaches with such technology.
Identification errors
In some instances, FRT doesn't work as it should. Low image quality and poor lighting can negatively impact Facial Recognition Systems. Obscured camera angles can cause a mismatch in the data and the person's nodal points.
Misuse of data
Although FRT has been around for decades, there's still a challenge to the ethical use of available data. The technology features in video footage recorded in private and public spaces. Regardless of the reasons behind it, this act is also viewed as an invasion of privacy. This is because, when data breaches occur, many organizations lack accountability.
Although Facial recognition technology significantly improves operational efficiency, it also faces challenges. Its privacy and accuracy risks highlight the need for strict regulations and oversight. Ensuring ethical use and protecting rights are key to fully leveraging this technology.]]>On Behalf of The Law Office of Jessica Koester, LLChttps://www.koester-law.com/?p=509302024-02-08T08:50:59Z2024-02-08T08:50:59ZAggravated DUI
In some states, motorists can be charged with felony drunk driving even if they have no prior convictions if they have blood alcohol concentrations far in excess of the legal limit. In Illinois, an elevated BAC is not grounds for a felony charge. Drivers in Illinois can face felony charges DUI if they:
Have two or more prior DUI convictions
Have a single prior DUI conviction and were transporting a minor
Were driving without insurance or with a revoked or suspended driver’s license
Cause an accident that resulted in death or permanent disfigurement
Have a prior conviction for reckless homicide or involuntary manslaughter
Were speeding in a school zone and caused an accident
Caused an accident that injured a minor
Were transporting one or more passengers in a vehicle for hire
Felony DUI penalties in Illinois
Drivers in Illinois convicted of aggravated DUI face mandatory jail time. Sentences can be as short as 90 days or as long as 28 years depending on the degree of the felony. Fines for aggravated DUI begin at $2,500 and can be as high as $25,000, and motorists convicted of DUI for the third time lose their driving privileges for 10 years.
The drunk driving laws in Illinois are harsh
Illinois has some of the harshest drunk driving laws in the country. Most motorists arrested for drunk driving in Illinois are charged with misdemeanors, but felony charges can be filed against drivers who cause serious accidents, drive without proper documentation or have a history of drunk driving.]]>On Behalf of The Law Office of Jessica Koester, LLChttps://www.koester-law.com/?p=509272024-01-23T05:11:32Z2024-01-23T05:11:32ZHair analysis
Hair analysis has been used in criminal cases for more than 150 years, with methods of examining and categorizing hair becoming increasingly sophisticated. The FBI published a manual on hair analysis in the 1970s and went on to train many people in state and local law enforcement. It was believed that a careful examiner could determine such things as whether the hair was human or animal and what part of the body it came from as well as say with some confidence whether it belonged to a specific individual. However, there has not been research to determine how common shared hair characteristics are, either across populations or on the body of an individual.
Federal findings
In 1999, independent experts hired by a federal government task force found just 4% of 150 cases were without problems regarding the hair analysis used to convict people. In 2015, the FBI looked at 268 convictions in which hair analysis was a factor and found that nearly all of them had issues. The analysis can be faulty for a number of reasons, including poor conditions in the lab or exaggerated findings. Faulty hair analysis was often used alongside other mistakes, such as unreliable witness testimony or false confessions, to convict individuals for felonies.
The public, juries and many people who work in law enforcement have been led to believe that such evidence as hair and blood spatter analysis are almost as reliable as DNA. However, studies increasingly show that these disciplines are actually junk science that can result in innocent people facing false convictions.]]>On Behalf of The Law Office of Jessica Koester, LLChttps://www.koester-law.com/?p=509122024-01-15T05:40:24Z2024-01-15T05:40:24ZShortcomings of the polygraph
Everyone has watched a film or television show that connects sensors to a person and displays a read out of the subject's physical reactions during questioning. This is the polygraph, and it is founded on the idea that telling a lie will be accompanied by physiological symptoms. Although this may be true, these signs of agitation are not exclusive to only telling lies.
Criteria and reality monitoring
Police interviewers may analyze answers given during interrogations based on criterion-based content analysis (CBCA) or reality monitoring (RM). With CBCA, researchers propose that people who tell the truth about real experiences use higher-quality details than descriptions of fake events. Similarly, RM theory puts forward that people recall more details from actual events than imaginary events. Real events enable people to give explanations with more nuances and sensory impressions.
Although CBCA and RM have shown some promise in research settings, challenges remain in how to evaluate responses. As a result, their accuracy rates fall short of the standards needed to prosecute people for felonies.
Artificial intelligence (AI)
As with most any part of human society these days, people have tried applying AI machine learning to lie detection. AI has proven to be an impressive detector of lies. It beats humans analyzing the same responses for truthfulness, but the technology still only has an accuracy rate below 70%.]]>On Behalf of The Law Office of Jessica Koester, LLChttps://www.koester-law.com/?p=508962023-12-29T07:45:55Z2023-12-29T07:45:55ZGeofence warrants
Geofence warrants, which are also known as reverse-location searches, require companies like Google to hand over the location data of all users who were in a particular area at a particular time. This information is then used to identify individuals who may have committed felonies. Geofence warrants have helped to solve several notable cold cases because Google used to store this information for years. In 2021, Google reported that more than a quarter of the warrant requests it received from law enforcement were for geofence warrants.
Privacy concerns
Geofence warrants have been harshly criticized by civil rights advocacy groups like the American Civil Liberties Union and the National Association of Criminal Defense Lawyers. These organizations say geofence warrants invade people's privacy, violate the Fourth Amendment and turn everybody who was in a given area at a given time into a suspect. In March 2023, a lawmaker in California introduced a bill that would have prohibited geofence warrants, but it failed to advance in the state legislature.
Pending litigation
Google’s decision to revise its data storage policy may have been driven by a belief that geofence warrants are likely to be ruled unconstitutional sooner or later. The courts take the protections provided by the Fourth Amendment very seriously, and federal judges in particular tend to look unfavorably on dragnet-type investigative techniques.]]>On Behalf of The Law Office of Jessica Koester, LLChttps://www.koester-law.com/?p=508932023-12-19T03:05:21Z2023-12-19T03:05:21ZCriminal record
A conviction for drug charges means you’ll have a criminal record. Your criminal record usually lasts indefinitely. An exception is if, for some reason, your criminal record is sealed or completely erased. Having a criminal record can affect your opportunities involving employment and housing.
Denial of state benefits
The 1996 welfare reform law put a lifetime ban on some state benefits for anyone with a drug felony conviction. The benefits affected include the Supplemental Nutrition Assistance Program (SNAP) and Temporary Assistance for Needy Families (TANF).
States can opt out of one or both of the bans. There’s also an option for states to make their own version of the ban by modifying the conditions. Twenty-five states and the District of Columbia opted out of both bans. An Illinois resident with a drug felony conviction remains eligible for SNAP and TANF.
Child custody
A drug conviction can affect your rights concerning your children. If you have a custody arrangement, the courts might modify that arrangement following your conviction. You could possibly lose all visitation rights. You could also lose custody of the child if you have full custody.
Social stigma
There’s often a social stigma associated with having a drug conviction. Even after you’ve done your time, people might treat you differently. This can affect your personal and professional relationships, and your standing in your community.
The consequences of a drug conviction aren’t necessarily the same for everyone. However, those mentioned above are a possibility.]]>On Behalf of The Law Office of Jessica Koester, LLChttps://www.koester-law.com/?p=508902023-12-04T23:35:20Z2023-12-04T23:35:20ZWhat is a DUI?
DUI stands for Driving Under the Influence. Although many people face driving under the influence of alcohol, DUI law also covers hard drugs. DUI is a criminal offense that can attract weighty consequences.
Attending court to face exoneration or conviction can change your life for good. Therefore, it is important to understand your drunk driving defense options beforehand. This will help you find a reliable attorney to walk with you during this delicate situation. You don’t have to walk through this road alone. Having an attorney by your side protects your interest.
Illinois BAC laws
Blood alcohol concentration measures the quantity of alcohol in your blood. Driving with a BAC of 0.08% or more is illegal. However, if your BAC is below 0.08% but you have signs of impaired driving, you can still face legal conviction. Things that may affect your BAC include:
Foods you have eaten
Your body size or weight
The amount you drink
Your alcohol tolerance
Potential outcomes of an Illinois DUI legal conviction
Factors like your criminal record and the severity of the incident determine your sentencing. Don’t face a DUI conviction alone to avoid costly mistakes, even if it’s your first time. Below are the possible costs and common punishments:
Paying fines: Fines might be part of your sentencing. A first offense can cost you a minimum of $500 and a maximum of $2500.
Jail time: Simple offenses might result in 100 hours of community service, one year of court supervision and one year in jail.
Probation: If you’re not jailed, the judge might place you on probation for a given period.
Drug and alcohol education program: Individuals convicted of DUI in Illinois must complete this program. This helps to educate them on the dangers of DUI.
If you face DUI charges, the prosecution will utilize every possible resource to secure a conviction. Hence, you might need to enlist the assistance of an attorney to achieve the most favorable result.]]>On Behalf of The Law Office of Jessica Koester, LLChttps://www.koester-law.com/?p=508792023-11-14T16:42:51Z2023-11-14T16:42:51ZUnderstanding cocaine crimes
Cocaine charges could involve possession, trafficking or sale. All of these are classified as felony offenses on both state and federal levels. Depending on the severity of the charges and the amount of drugs uncovered, there are different consequences that may occur.
Possession of cocaine is the most common charge; it’s deemed serious due to cocaine being an illicit narcotic drug. If a person is charged with cocaine possession, it might be for their own personal use or for the purpose of trafficking and selling it.
Penalties for cocaine possession
Anyone convicted of possession of cocaine can expect to face prison time and hefty fines. The more drugs found in the defendant’s possession, the harsher the penalties. Even less than 15 grams is considered a felony; Class 4, to be exact, which carries a prison sentence of up to one year. The harshest penalties are when more than 900 grams are found; for a conviction, a person can face anywhere from 10 to 50 years in prison.
Possible defenses
Unlawful search and seizure is one of the strongest defenses to cocaine possession. If law enforcement lacked a warrant and you didn’t consent to a search of your property or person, it could help your case.
Entrapment may be used when a police officer pressures or forces a person to possess the drug. However, this defense is sometimes difficult to prove.
Another defense to cocaine possession is lack of knowledge. If the defendant can prove they were unaware of the drugs’ presence, it could be argued in their case.]]>On Behalf of The Law Office of Jessica Koester, LLChttps://www.koester-law.com/?p=508762023-10-31T00:46:39Z2023-11-01T00:45:44ZHow a DUI affects your security clearance
If you need security clearance from the military or from some other organization, it’s crucial that the issuing agency deems you to have discipline and that you are trustworthy. The details of your DUI conviction will determine your level of punishment. This means that the agency will look closely at some factors, so that you’re not immediately judged harshly for getting a DUI conviction.
One of the major things that they look at is whether your DUI is a one-time charge or if you have a history of DUIs and underlying issues that go along with it, such as a pattern of drunk driving. In order to receive or maintain a security clearance, they’ll have to see that the alcohol and/or substance use isn’t a recurring problem. Agency staff will also consider if these underlying causes have been dealt with in a proper way.
Your security clearance status counts
Another factor that plays a role in your security clearance is your status. If you only have an interim security clearance while you’re waiting for the results of a background check, it’s more likely that you’ll lose that clearance. This isn’t always going to be the case, since the review process looks at the details of the whole person to determine if they should receive a security clearance.
A DUI doesn’t necessarily ruin your chances of receiving a security clearance, but it does help to prepare your case with a professional. This will increase your likelihood of a favorable outcome, since this is something that depends on organizing complicated details and presenting your case in a careful manner.]]>