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AI Facial Recognition in Criminal Investigations, Warrants, Charges and Trials

After listening to a recent podcast for facial recognition, Stuff You Should Know, it gave me the thought of a separate article concentrating on crimes and investigations in which Facial Recognition is used to “solve” the crime or identify a suspect. Is every adult now part of a virtual lineup every day?

The 4th Amendment of the US Constitution guarantees persons from unreasonable searches and seizures. Case law around this issue is that it passes constitutional muster so long as they are minimally invasive to the party and the public good outweighs the infringement of rights. The US Supreme Court has found that a copy of voice or handwriting, a lifted fingerprint or found DNA is not a “search and seizure of a person.” There is a requirement to obtain a warrant if requesting a person’s DNA or submission to a fingerprint analysis. As such, it is very unlikely that a court would find that a photo of your face would be a search or seizure subject to constitutional protection.

The second argument against is one of privacy. In general, one cannot have a reasonable expectation of privacy for things put into a public space and there is no expectation of privacy of a person’s physical characteristics, such as voice and handwriting. It would be a stretch to rule that a person as a right to privacy regarding their facial features; especially if they are in public and upload pictures to social media sites.

The use of AI facial recognition has grown considerably in recent year(s) and is growing at a rapid pace. The slope is dangerous and slippery. While most people do not object to using this to catch child predators or to find abducted children, the next few steps would undoubtedly follow. Police in may cities already use Facial Recognition to identify criminal suspects. Recent investigations say that just searching criminal databases has lowered from 30 days for a human to 3 minutes for a computer. Obviously this is a better use of time, but to what extent? Can we use it to identify traffic offenders, speeding, jaywalking or any other typically innocuous crime.

The bigger question is what is the tolerance for mistaken identity? Due to the databases used, it is proven that minorities, particularly African Americans, are more often mistaken than white people. Black women are disproportionately mistaken in Facial Recognition. So if the computer gets it wrong 1% of the time, is that a good result. We get 99 criminals off the street and 1 innocent person gets wrongly accused or convicted. What percent is acceptable? Moreover, is is fair for a person to have to defend themselves from baseless accusations because a computer picked them out of a lineup that they didn’t know they were in?

If used, virtually every person is a potential suspect in every crime and they are part of an ongoing virtual lineup in every case. You may be investigated, questioned, asked for an alibi, or even charged without ever knowing about a case because your face is in any database – mug shot, DMV, Instagram, LinkedIn, FaceBook, etc.

This area is rapidly expanding and there is little hope of putting the cat back into the box. This should be a legislative debate, but unfortunately it will likely first be led by criminal defense attorneys seeking justice for their clients.

If you have been charged with a crime, you need to consult with an experienced criminal defense attorney. For consultation, contact Michael Bouldin by clicking this LINK , email mike@bouldinlawfirm.com or call 859-581-6453 (581-MIKE).

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Prosecutor Bullying in Lori Loughlin Case

Having practiced criminal defense for 25 years, I am often asked about high profile cases. While they are often treated differently than more average cases, the general public can learn a lot from these types of cases. The current federal case of the United States v. Lori Loughlin is one such example.

The case pending involves allegedly paying bribes in order to obtain admission for the children into various universities. My initial take is that there is a great amount of pressure to plead guilty, which is generally the case with all criminal charges. I believe that Lori Loughlin and most of the others DO have a valid defense. The federal bribery statute prohibits corruptly giving, offering, or promising anything of value to a federal public official or appointee with the intent of influencing him or her to perform an official act or to commit fraud. . It seems to be a stretch that these universities qualify as a federal agency or official. Moreover, the bribes were not paid to the university but to an agent which the stars hired to assist with admission. It may also be interesting defense tactic to determine what is a legitimate gift to the university v. bribe, and can your child receive preferential treatment because of a gift?

The most current development regards the additional charges which the government has brought since they refused to plead guilty. THIS IS A COMMON TACTIC utilized by many prosecutors to force a plea and to punish those who wish to exercise their constitutional rights. Prosecutors ARE bullies. If they are out to protect the public, and they believe that this is a valid additional charge, then all of the defendants should have faced the same charges. The reality is that they are trying to unduly punish those that exercise their right to trial.

If you are a defendant in a criminal case, hire an experienced defense attorney who can advise you throughout the process. Do not assume that the prosecutor is purely interested in justice – they want a guilty verdict. If you are not guilty, the trial tactics are just that and stand up for your rights! For consultation and representation in Kentucky and Ohio, call Michael Bouldin at 859-581-MIKE, that is 859-581-6453 or email mike@bouldinlawfirm.com.

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How to Get the Best Plea Deal

As a criminal defense attorney for over 20 years I am often asked about whether a client should take a plea deal or go to trial. To get the best plea deal the 1st rule of business is to organize your best legal defense.

The most important factor in evaluating whether a prosecutor offers a plea deal is their chance of success at trial. If they have a very good chance of success in gaining a conviction they are less inclined to offer a good deal to the defendant. Conversely, if a conviction is not guaranteed, a better plea deal can generally be negotiated.

Of course there are many other factors that play into a successful plea negotiation. Those include the defendant’s criminal history, the type and nature of the crime, whether rehabilitation outside of jail is likely, and often input from the victum (if any).

If you have been charged with any crime, whether it be a felony or misdemeanor or DUI, you should hire the best criminal defense attorney that you can find.

For consultations in northern Kentucky and Cincinnati call Michael Bouldin at 859-581-6453 (581-MIKE) or email mike@bouldinlawfirm.com. Talk to an experienced attorney before going to court!

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How Do I Post Bail Bond?

If you are charged with a crime the court will generally set a bail bond, which is a dollar figure you will be required to post in order to be released from jail pending trial or resolution of your case. In many smaller cases the court will release a person on their own recognizance, which is referred to as an OR Bond, and no money will be required.

In larger cases, or in cases where the person is a risk to themselves or to society, the court will set a cash bond. In many states, a bail bondsman will post the bail and you will pay that person a percentage of the total bail amount. In Kentucky there are no bail bondsmen to assist in providing the funds necessary for release.

As such, a cash bond is generally required for pretrial release from incarceration. There are limited cases in which a percentage of the total bond may be posted, and others in which real estate may be posted in lieu of the cash; this requires court approval. If you or someone you know is incarcerated and cannot acquire the necessary cash for bail, the Defendant may request the court to review and possibly lower the bond requirement.

Bonds may be posted at the local court clerk’s office during business hours, or cash may be taken to the jail/detention center during or after regular business hours. If you have questions about a specific bond, contact the local county detention center. See links to Kenton, Boone, Grant and Campbell county jails.

The purpose of bail bonds is to assure that the Defendant will make at all court appearances and also to protect the public. If the Defendant violates any terms of pretrial release, the bond is subject to forfeiture. If the Defendant cooperates and makes all court appearances, the bond is generally returned to the surety (person who posted) at the conclusion of the case.

Having practiced law for 25 years in Northern Kentucky I am quite familiar with the bond requirement for most charges and how different courts, divisions and judges may address modification of bail bonds. For questions or representation for criminal defense, contact Michael Bouldin at mike@bouldinlawfirm.com or call 581-MIKE, 859-581-6453.

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Is Marijuana Illegal?

Possession of marijuana is still illegal in Kentucky, even though many other states have legalized possession and authorized it as having medicinal value. Possession of under 8 ounces is a misdemeanor and over that amount may bring felony charges. Also, possession of any amount together with a handgun will likely bring felony charges.

One interesting area will be when a person is prosecuted in Kentucky while holding a valid prescription from another state. I believe the full faith and credit argument would apply. I do not believe, however, that you can possess in Kentucky simply because you can possess in Ohio legally; but that a prescription should hinder the prosecution.

Interestingly, marijuana remains on the books as a federal crime as well. While federal prosecutors have not chosen to prosecute sale or possession, it remains as a crime. I would be very interested in the first prosecution of a state or state-run entity by a federal prosecutor.

Recently, Cincinnati has voted to decriminalize possession of under 100 grams (about 4 ounces) of marijuana. The law remains on the books for the state of Ohio. If you intend to smoke, you would be much safer with a prescription. Additionally, it remains illegal to smoke and drive under Ohio OVI laws.

If you have been charged with possession of any drug, even marijuana, you should hire an attorney. If you pay the fine, you have pled guilty and it will remain on your criminal record. Call Michael Bouldin at 859-581-6453 or email mike@bouldinlawfirm.com for more information or consultation.

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Expungement – ReStart Your Life

Your criminal record may be holding you back. Expungement may be the answer to restart your life! Many people do not know how easy it is for a potential employer to look into your criminal background. This may include traffic offenses, misdemeanors, domestic violence and felonies. Fortunately, many of these cases can now be expunged from your record.

Expungement varies from state to state. In Kentucky, any case which is dismissed may be expunged 60 days following the dismissal. This includes EPO, domestic violence allegations, misdemeanors, traffic and felony offenses.

If you have had a felon case proceed through diversion: such as a child support or first time drug possession, you can likely have that expunged after you complete the diversion.

If you have been convicted of a misdemeanor, you will like have to wait 5-7 years before you can have it expunged. The variance is that the 5 year wait only begins after you have completed probation or CD time. Other requirements may include no future offenses and no other offenses within 5 years. DUI cases require a 10 year wait because of the look back period under current DUI laws which enhance penalties.

Only certain felonies are eligible for expungement. Those are typically lower (class D) felonies, all of which are non-violent in nature. Eligible felonies include: child support, PCS and many other drug charges, theft, bad checks, forgery, fraud, and numerous other class D felonies. The process typically takes 30-60 days and is not time intensive for the client.

There is a $40 criminal background check which is required prior to actual filing. The court charges $100 for misdemeanor convictions, $500 for felony convictions and there is no court fee for dismissals and acquittals. Attorney fees typically are $500-1000, depending on the charge. For consultation and representation, call Michael Bouldin at 859-581-6453 or email info@bouldinlawfirm.com.

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New Conceal Carry Law in Kentucky

Beginning July 1, 2019, Kentucky law changes regarding the ability to carry a concealed weapon. Prior to this change enacted by HB150, it was required that you first obtain a permit to carry a concealed deadly weapon. Under the new law, no permit is required if you are over 21 years of age and otherwise lawfully allowed to carry a firearm.

It is important to know that where you carry has not changed. You cannot carry a weapon into a police station, detention center, courthouse, bar/pub, school, or any establishment that prohibits weapons. This law does not give any additional rights to those convicted of a felony or under supervision by probation and parole.

Also, expect authorities to be stricter on cracking down on possession of handgun while also in possession of any illegal drugs. Under KRS 218A.1422 if you possess a handgun while in possession of any controlled substance, the charge is enhanced to a class D Felony pursuant to KRS 218A.992. This provision includes marijuana, for enhancement to a FELONY.

Also, Kentucky permits DO continue to exist and be issued. This may be required if you plan to carry your firearm into another state that does require a permit.

If you want more information, see HB150. If you need legal counsel or consultation, contact Michael Bouldin at Bouldin Law Firm by calling 859-581-6453 (581-MIKE) or email mike@bouldinlawfirm.com.

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