Ari Williams Law LLCFindLaw IM Template2025-03-31T12:57:45Zhttps://www.ariwilliamslaw.com/feed/atom/WordPressOn Behalf of Ari Williams Law LLC<![CDATA[What are the standardized field sobriety test components?]]>https://www.ariwilliamslaw.com/?p=487402024-05-22T09:14:54Z2024-05-22T09:14:54Zstandardized field sobriety test (SFST).
The SFST is endorsed by the National Highway Traffic Safety Administration (NHTSA) because when it’s administered in an acceptable manner, it’s considered accurate enough to be admissible in a court case related to impaired driving. Understanding the basics of these tests may be beneficial for anyone who’s stopped for suspected impaired driving.
One-leg stand
The one-leg stand requires the individual to stand with one foot off the ground while they count for 30 seconds. The foot that’s off the ground should be about six inches in the air. A person who’s impaired may put that foot down early or try to use their arms to balance.
Horizontal gaze nystagmus
The horizontal gaze nystagmus requires the person to follow an object side to side with only their eyes. For a sober person, the eye will move smoothly, but the movement becomes jerky if they’re impaired. This jerking gets worse when as the person looks away from the center of their visual field.
Walk and turn
The walk and turn requires the person to walk heel-to-toe in a straight line for nine steps then they turn around and return to the starting point in the same manner. This requires the person to count in their mind while they follow the instructions, so their attention is divided. People who aren’t impaired can do this without any issues.
Despite an endorsement of this broader testing strategy by the NHTSA, it’s still possible to call test administration and interpretation into question. If there’s any misinterpretation of the results of the test by the officer administering it, one or more components of this test might not be considered valid. This could have a negative impact on the prosecution’s case.
Working with a legal representative who’s familiar with these matters might be beneficial for individuals who want to include questioning SFST results in their defense, given the complexities of doing so and all that is at stake.]]>On Behalf of Ari Williams Law LLC<![CDATA[What should you know about search warrants?]]>https://www.ariwilliamslaw.com/?p=487382024-04-22T22:20:52Z2024-04-22T22:20:52Zsearch warrants are and when they’re required so they can try to uphold their rights when they’re interacting with police officers.
What is a search warrant?
A search warrant is an order that’s signed by a judge or magistrate that gives police officers permission to search private property. This must be issued only when there’s probable cause to believe that there’s evidence related to a crime in a specific area. A search warrant must contain specific information, including the items that are being searched for and the area police officers can search. The information can’t be overly vague.
When is a search warrant required?
A search warrant is always required except under very strict circumstances. Some of the exceptions to the search warrant requirement include:
The officer gets permission from the person who controls the area
The search is subsequent to a lawful arrest
An automobile is being searched
Exigent circumstances are present that endanger the officer’s life or the general public, or there’s a chance of evidence destruction
One important note about searches and seizures is that officers can seize evidence that’s in the open and clearly visible from a location they’re lawfully allowed to be. This means that if a person has cocaine on the living room table and the officer sees that from the front door when a person answers the door, they can legally seize the cocaine and conduct an arrest.
Evidence that’s illegally seized, including evidence gathered during an illegal search, can’t be used in court against a defendant. Having a legal representative who can work on having the evidence suppressed is beneficial for defendants who were subjected to an unlawful search or seizure. That same representative can also help a defendant to shape their defense strategy.]]>On Behalf of Ari Williams Law LLC<![CDATA[What should you know about drunk driving stops?]]>https://www.ariwilliamslaw.com/?p=487362024-02-21T14:23:14Z2024-02-21T14:23:14ZReasonable suspicion
The first step in a drunk driving stop is establishing reasonable suspicion. This legal standard allows officers to make an initial stop if they observe behaviors indicative of impaired driving. These behaviors include swerving, erratic speed changes, ignoring traffic signals or unusual driving patterns. Reasonable suspicion doesn’t require concrete evidence of drunk driving. Instead, it’s based on seeing things that would lead an average and reasonable person to suspect that the driver might be under the influence of alcohol.
Standardized field sobriety tests
Once a vehicle is stopped, officers may conduct standardized field sobriety tests (SFSTs) if they believe the driver may be impaired. These tests help to evaluate common behaviors that are impacted by impairment. The three main tests include the horizontal gaze nystagmus (HGN), walk-and-turn, and one-leg stand. Failure to perform these tasks sufficiently can indicate impairment and justify further investigation.
Preliminary alcohol screening device
A preliminary alcohol screening (PAS) device, often a handheld breathalyzer, is used to measure a driver's blood alcohol concentration (BAC) at the scene. This test is voluntary but refusing it post-arrest can result in legal consequences, including mandatory testing under implied consent laws.
A PAS device offers immediate results, providing officers with a quantifiable measure of alcohol impairment which can be used to support their observations and the results of SFSTs. If impairment is indicated, drivers will likely be asked to submit to a breath test on a stationary, more reliable machine or to provide blood or urine for testing.
If an officer has probable cause, which is a higher standard than reasonable suspicion, they may arrest a driver. At this point, a driver should seek legal guidance to determine their options for presenting a defense against the charges that they’re now facing.]]>On Behalf of Ari Williams Law LLC<![CDATA[How defendants can fight charges backed by state evidence]]>https://www.ariwilliamslaw.com/?p=487352024-01-23T14:53:22Z2024-01-23T14:53:22ZBy excluding certain evidence
Not all evidence is actually usable during criminal trials. There are strict laws about when police officers can conduct searches and how they question people. There are also rules governing the collection, storage and analysis of evidence. Defense attorneys can sometimes challenge the use of evidence gathered illegally. They can also point out issues with how the state handled or tested the evidence to prove that it is not trustworthy and potentially exclude it from the trial.
By presenting a different analysis
Hiring expert witnesses or forensic specialists is often a key component of a successful criminal defense strategy when a case goes to trial. Expert witnesses can go over forensic evidence or financial records to raise questions about the state's claims against the defendant.
An expert witness could undermine the use of junk science, like blood spatter analysis. They could provide an alternate analysis that does not implicate the defendant. They could even provide information about how the state analyzed the evidence, such as the generative process of enhancing photographs or security footage.
When the courts understand that there are issues with the evidence, that may raise questions about the claims made by the prosecution. Countering the state's evidence usually begins with the discovery process. The right of discovery gives a defendant and their lawyer access to the state's evidence before a trial. As such, thoroughly reviewing state evidence with an attorney and finding ways to undermine it may help people prepare the best strategy for fighting criminal charges in Illinois.]]>On Behalf of Ari Williams Law LLC<![CDATA[What is civil asset forfeiture?]]>https://www.ariwilliamslaw.com/?p=487342023-12-16T17:20:25Z2023-12-16T17:20:25ZWhen can the police take someone's property?
Civil asset forfeiture is the legal process through which Illinois police officers seize assets that belong to individuals and businesses without prosecuting them. Police departments around Illinois obtain millions of dollars in funding every year through civil asset forfeiture, a process that could very easily violate someone's rights.
The state has reformed its laws. Those concerned about civil asset forfeiture in Illinois may be happy to hear that lawmakers have made some changes to the highly-problematic state civil asset forfeiture statute in recent years. The bad news is that those reforms do not go far enough to fully protect people from potential abuses.
Legal reform has done away with the practice of requiring a bond to reclaim seized property. However, police departments can directly profit from the resources they seize through civil asset forfeiture. The state still does not require a criminal conviction or even criminal charges to take assets from someone. An individual traveling with a large amount of cash to purchase a vehicle, for example, could end up being pulled over by the police and losing that money. Officers could justify seizing it if they suspect it came from or was intended for criminal purposes.
It is possible for someone who loses property via civil asset forfeiture to redeem it, but that process can be complex and protracted. Learning more about the shortcomings in Illinois statutes, and seeking legal guidance accordingly, can help people better assert themselves after losing personal property to civil asset forfeiture.]]>On Behalf of Ari Williams Law LLC<![CDATA[Is eyewitness testimony reliable?]]>https://www.ariwilliamslaw.com/?p=487332023-11-14T18:46:07Z2023-11-14T18:46:07Zmajority of these cases, they found that there was an inaccurate eyewitness testimony that swayed the wrongful outcome in question. This suggests that it is one of the worst types of evidence that can be used, as eyewitnesses often get it wrong. Below are some reasons why this happens.
Memory issues
In many cases, a witness just doesn’t remember what happened. Maybe there are gaps in their recollection, or they are missing key details. Or, perhaps their memory has changed, as it can do every time they recall the event and tell the story. Memory is far more malleable than people believe; it has been compared to the telephone game that children play, distorting a message each time it is relayed. Even a memory that feels authentic could be fake, altered or contrived, intentionally or unintentionally.
Observation issues
Additionally, there are cases where an eyewitness believes that they observed something that didn’t happen. Maybe the weather conditions made visibility difficult. Maybe the eyewitness was a long way away, so they couldn’t make out details like facial features or the color of someone’s shirt. Maybe the witness has eyesight issues, such as needing to wear glasses that they forgot on that day. The eyewitness honestly thinks they know what they saw, but they’re wrong. An unexpected event happened quickly and in a way that was difficult for them to observe, and their inaccurate testimony is an honest mistake.
What options are there?
For those facing charges, it is certainly frustrating when an eyewitness gives an inaccurate account that could lead to a conviction. Fortunately, there are defense options that these individuals can explore. It’s very important for them to understand exactly how the legal process works, what steps they should take and what criminal defense options they have at their disposal. Seeking legal guidance as proactively as possible is the best way to counter the risk of potentially damaging eyewitness testimony.]]>On Behalf of Ari Williams Law LLC<![CDATA[What the right of discovery means for criminal defendants]]>https://www.ariwilliamslaw.com/?p=487322023-10-16T23:36:22Z2023-10-16T23:36:22Zright of discovery is one of the most important protections for those accused of violating the law in the United States. As such, both federal and state prosecutors must provide the evidence that they intend to present in court to the defendant's lawyer after receiving a formal request. Having access to the state's evidence can benefit someone accused of a crime in specific ways.
Knowing the state's case makes it easier to plan
A successful defense in criminal court typically requires thorough planning on the part of the defendant and their lawyer. Knowing what evidence the state has can directly influence what strategy the defense develops.
In some cases, it could be possible to exclude certain evidence because police officers broke the law while gathering it. Successfully challenging the legality of certain evidence can significantly weaken the state's case. Other times, the lawyer for the defendant could bring in expert witnesses to reanalyze the evidence to provide a different perspective. It may be possible to show that the prosecution used junk science, ranging from bite mark and blood spatter analysis to 911 call analysis.
Occasionally, issues with the chain of custody or the evidence collection process could raise questions about the reliability of the evidence. The attorney reviewing the evidence may be able to spot signs that there were violations of the law or deviations from accepted best practices that could compromise the usefulness of the state's evidence. They could also suggest alternative ways to interpret the evidence or ways to counter it successfully in court.
Prosecutors generally have to provide all acquired evidence, including exculpatory evidence they don't intend to present in court, to the defense team. If an attorney can attack and undermine the state's most compelling evidence, that may make it easier for someone to raise questions about whether or not they played a role in criminal activity or had any sort of criminal intent.
Learning about and making use of the rights extended to criminal defendants can make a big difference for those facing criminal prosecution.]]>On Behalf of Ari Williams Law LLC<![CDATA[When can an Illinois police officer frisk a suspect?]]>https://www.ariwilliamslaw.com/?p=487312023-09-15T12:58:20Z2023-09-15T12:58:20ZWhen they have permission
Perhaps the most common reason that police officers can quickly pat someone down is because they ask for permission and the individual grants it. Many people are eager to comply with police officers and believe that permitting a search might be the fastest way to get on with their day when an officer stops them on the sidewalk somewhere. What they fail to realize is that anything the officer finds that implies a legal violation might result in their arrest and prosecution. Most people have the right to deny physical searches well not under arrest.
When they believe there could be a weapon
Without permission, officers can only physically search an individual in a very specific scenario. They will need to have a reasonable suspicion that the person they stopped has a weapon on their person. Merely believing that someone looks nervous or could have contraband on them is not a justification to physically search their person. If an officer cannot articulate why they suspected the likely presence of a weapon, their decision to pat someone down without their consent could be a violation of that individual's rights.
Once an officer arrests someone, a physical search then becomes necessary to prevent drugs, weapons and other dangerous items from entering state-run facilities. However, searches in public are rarely mandatory. Knowing what rules apply to officer conduct can help people handle police encounters in public and better respond to recent criminal charges if any are levied as a result of a frisking situation.]]>On Behalf of Ari Williams Law LLC<![CDATA[What happens after the police perform an illegal search?]]>https://www.ariwilliamslaw.com/?p=487272023-08-08T11:20:36Z2023-08-08T11:20:36ZThey will likely face arrest
Even if someone asserts to a police officer that what just occurred was a violation of their rights, that officer is unlikely to listen. An illegal search very frequently leads to someone's arrest shortly thereafter, and individuals should therefore prepare themselves for the likelihood of spending some time in state custody. Asserting the right to remain silent and the right to discuss the matter with an attorney may help someone avoid the worst possible outcome after such an arrest. The person subject to the search will need to start considering how to push back against that misconduct as well.
They may have a straightforward defense strategy
The criminal courts have specific rules regarding what evidence prosecutors can present. If police officers broke the law themselves or violated someone's civil rights, the attorney defending that individual may invoke the exclusionary rule during a trial. Essentially, the courts cannot allow the prosecution to use evidence that the state obtained illegally. Therefore, those who believe that a search was illegal can theoretically prevent the use of that questionable evidence during their criminal trial if they approach the matter in the right way.
Learning more about the rules for criminal investigations and prosecution may benefit those recently arrested in Illinois and allow them to make more informed decisions as they seek legal guidance and pursue a strong legal strategy designed to safeguard their rights and interests.]]>On Behalf of Ari Williams Law LLC<![CDATA[3 scenarios wherein police officers can legally enter your home]]>https://www.ariwilliamslaw.com/?p=487262023-07-14T13:19:49Z2023-07-14T13:19:49Zthree ways that they can potentially enter your home lawfully, although not in a friendly capacity.
With your consent
First and foremost, the police may simply ask for your consent. If you give it to them, then they’ll be allowed to come in unless you decide to remove that consent. A police officer may ask to come inside and talk to you or to have a look around. Anything that they see in plain view could be gathered as evidence or used as a reason to conduct a more extensive search.
With a warrant
If the police cannot get your consent, they can sometimes get a warrant from a judge. They will need to present their reasoning and potential evidence to the judge to secure this warrant. For example, maybe they want to search for illegal drugs in the home, so they need to show the judge why they believe you have illegal drugs in your home and why a search is necessary to prove this suspicion.
In an emergency
Finally, there are some emergency situations that allow police to enter a home even when they don’t have a warrant or consent from a homeowner. An example of this would be if they hear gunshots or yelling from inside of a house and they think that a crime is in process or that there’s a danger to the public. Another example is if they are in hot pursuit of a suspect.
Your defense options
If the police do enter your home, this can have a major impact on the admissibility of evidence against you in court, if you’ve been charged with wrongdoing based on that search. Be sure you know about all of your rights and all of the defense options you have at your disposal.]]>