Nathan Akamine, Author at Akamine Law®

How to Choose the Right Criminal Defense Lawyer for Your Case

If you or a loved one is facing criminal charges, it’s in your best interest to seek legal counsel immediately. Even seemingly minor crimes can still result in a criminal record and harsh sentences, and having a record can haunt you for years, limiting your life, from where you work to where you live.

The reality is, when it comes to criminal defense, not all lawyers are created equal. The outcome of your case is largely dependent on having the right lawyer fighting for you. A Google search turns up thousands of results. All claiming to be the right attorney for you. So, how do you know who to choose?

Although the nature and severity of the alleged crime will factor heavily into how your case is handled, any person who is charged with a crime should ensure that their lawyer meets all of the following criteria.

1. Experience with the Charges You are Facing

Hiring an attorney who specializes in white collar crimes may not be the best choice to fight your sexual assault charge. Criminal law is complex and ever evolving, so it’s essential to work with a lawyer who has extensive experience in the specific crime with which you’ve been charged.

Do your homework and hire a lawyer who has a deep understanding of exactly what you’re going through.

2. Comfortability

Most law firms offer a free initial consultation. I recommend taking advantage of it. This will give you the opportunity to ask questions and see how you interact together. Personal chemistry is an underrated, yet very important factor when choosing legal representation. If you don’t feel comfortable with your lawyer, the legal process is going to be unnecessarily long and painful, and the outcome is less likely to be favorable.

The best lawyer-client relationships are collaborative. When you trust your lawyer, the relationship becomes more of a partnership, and the chances of a successful outcome increase dramatically.

Use these questions as a guide to determine if the lawyer you’re interviewing is right for you.

Am I comfortable talking openly to them?
Does my lawyer explain things in a way that I can understand?
Does my lawyer seem genuinely concerned about me and the outcome of my case?
Does my lawyer seem trustworthy?
Does my lawyer appear confident?

3. Word of Mouth and Online Reviews

One of the best ways to find a good defense lawyer is word of mouth. If you know someone who has been in a similar situation, ask who they used for legal counsel and if they were happy with their results. However, just because a lawyer was a good fit for someone else, doesn’t make them a good fit for you. So, don’t just take a name and run with it. Make sure you have the consultation, then do some online digging. With the wealth of information available on the internet, there is no excuse to not do your homework.

Choosing the right defense lawyer may be one of the most important decisions you will ever make. Check the state bar association website to see if the lawyer has a record of formal discipline, and search for reviews on Facebook and Google.

IMPORTANT TIP: Although reviews can assist in guiding you, they should not be taken as the deciding factor in your end decision.

One bad review shouldn’t necessarily keep you from working with a particular lawyer, but several bad reviews should be a clear red flag. The same goes for good reviews. Just because a lawyer has 2,000 good reviews and another has 200, doesn’t mean one lawyer is better than the other. A criminal case is a personal and private matter that a lot of people don’t feel comfortable sharing with the world. So, don’t let a lack of reviews stop you from scheduling a consultation either.

4. Courtroom Confidence

If your case moves to trial, you want to know that your lawyer has confidence in the courtroom. In addition to specifically asking about courtroom experience, a lawyer’s appearance and demeanor can give big clues as to how they will perform in a courtroom. If they are neatly dressed, well spoken, and confident, these characteristics will bode well in a courtroom setting.

On the other hand, if a lawyer appears nervous or disheveled, their arguments may be less convincing to a judge and jury. As with most things, exceptions exist, but confidence is generally the hallmark of any successful trial lawyer.

It is also important that your lawyer can take direction from you. Although they will control certain aspects of your case, like filing motions and calling witnesses, the big decisions, like whether to plead guilty or go to trial, or whether to try to make a deal, are YOUR call. Look for an attorney who takes the time to get to know you and your goals, and who actively integrates your input into the legal strategy.

5. Listen to Your Gut

At the end of the day, trust your instincts. If something feels off, don’t be afraid to walk away. Remember, you are interviewing the defense lawyer, not the other way around. Ultimately, this is your battle to fight, and you need the right lawyer by your side if you’re going to win.

If you or a loved one is facing criminal charges and in need of an experienced criminal lawyer, please contact Nathan Akamine.

Violating probation: What to expect.

If you’ve violated probation and now face a possible conviction, you don’t deserve punishment due to an oversight or accident, regardless of why you’re serving probation. As your probation violation attorney, my number one priority will be convincing the judge not to inflict severe repercussions for a simple fault in judgment.

What can I expect from the probation violation process?

Although different than a normal criminal case, probation violations generally follow the same process:

Your probation officer will inform the court that you have violated one or more probation requirements.
The court will schedule a probation hearing and/or authorize a warrant for your arrest.
If you’re arrested, there will be a hearing and a bond could be set.
You’ll receive a Statement of Violations, where you’ll be informed of the terms of probation that you allegedly violated.
You are entitled to a Probable Cause hearing to determine if there is a reasonable basis for the alleged violation.
You are also entitled to an Evidentiary Hearing in which the State must prove that a violation did occur.

What are the possible consequences of violating probation?

Possible community service
Warning or modification of probation
Extended probation
Additional restrictions may be added to your probation, such as an earlier curfew.
Regular drug testing or ordered drug treatment
You could be ordered to attend classes or programs based on the offense (such as anger management).
Counseling with a therapist on a regular basis
You could be sentenced to serve time in jail

Whichever judge assigned the initial probation ruling will also be the judge determining the appropriate punishment for the violation. This is important to note, since they may feel they did the defendant a favor when worse consequences could have been originally dealt with. Because of this, the judge could decide a harsher punishment than is now necessary.

Having a skilled probation violation attorney is crucial when facing probation violation charges. We can help identify any mitigating factors, such as positive progress during probation, employment stability, or participation in rehabilitative programs, which may influence the court’s decision.

DUI: 8 Vital Things to Remember

This time of year sees a dramatic increase in DUI arrests. Between backyard barbecues and pool parties, many people are less vigilant about staying sober when they know they’ll be driving, or refusing to drive at all when they have been drinking.

Of course, the best way to avoid a DUI is to avoid drinking at all, but if you find yourself facing a DUI charge, here are some things you’ll want to know.

1.You can get a DUI even if you don’t feel drunk.

There is no scale that tips when your blood alcohol content goes from 0.07 percent to 0.09 percent. You don’t suddenly feel drunk or start falling over. In fact, according to the Centers for Disease Control and Prevention, the difference between a BAC of 0.05 and 0.08 includes effects like:

Difficulty detecting danger
Impaired self-control
Diminished muscle coordination
Problems controlling speed

These are hardly measurable effects, and there may still be no outward or visible indication of intoxication, even at 0.08 percent. Because of this, people might feel completely comfortable having another drink. In the eyes of the law, someone who is just barely over the legal limit can face the same penalties as someone who is clearly displaying signs of intoxication. However, breath and blood tests can be wrong. Read more about their possible inaccuracies here.

2. Be Polite

If you’re pulled over by a police officer under suspicion of driving under the influence, it is imperative that you be polite with him or her at all times. Even if you are severely intoxicated, you should do your best to comply with the officer’s requests. Do not argue with a police officer under any circumstances. Remember that poor behavior can affect you adversely later in court.

3. Your car might be towed

If you’re charged with a DUI, the officer will transport you to the police station in a patrol car. Your vehicle will probably be towed at your expense, and you’ll be notified as to which company has towed your vehicle and will be given the contact information to retrieve it. Contact the towing company that impounded your vehicle as soon as possible and arrange for it to be picked up and pay all towing costs.

4. Booked, processed, contact your lawyer.

After you arrive at the police station, you can expect to wait for up to several hours before being processed. If this is your first offense, the process will take longer. Your fingerprints and mugshot will be taken and an investigator or other police officer may ask you questions about the circumstances of your driving under the influence of alcohol or drugs. You will be given the opportunity to contact your attorney if you feel you are being wrongly accused. This is extremely important…ask for a lawyer. Contact DUI Defense Attorney Nathan Akamine.

5. You may be incarcerated, you may be released.

The length of time you stay at the police station depends on several factors, including the location of your DUI, your age, your criminal record, the severity of your intoxication, as well as other factors. If you’re to be released on bond, you will be given the opportunity to contact a bondsman, friend, or relative to arrange for the amount to be paid and for someone to pick you up from the police station. In some cases, you will be incarcerated immediately. Nevertheless, be prepared to remain at the police station for a minimum of several hours before the logistics of your DUI charge are settled.

6. You’ll go before a Judge.

If charged with a DUI, you will likely have to appear in court to receive your sentencing. You will have the option of using your own attorney or being appointed one by the court. Remain calm and respectful during the court proceedings at all costs. Answer any questions truthfully and make sure you do so with your attorney by your side. If you fail to appear in court the judge will most likely issue a warrant for your arrest.

7. Community service and/or fines.

Some drivers who are convicted of DUI are required to complete community service or court referral programs. If you’re one of them, complete these programs as soon as possible so that it can be reported back to the court that you have fulfilled your sentencing. Remember to pay any fines in full as soon as you are able. Typically, there are payment plan options available.

8. Long-term consequences.

If you get a DUI, the charge will likely stay on your record for several years, if not permanently. Potential employers will be able to view these records before they hire you, so if you’re planning to look for a new job in the near future, be upfront and honest about your DUI charge. It’s better to explain the situation beforehand than appear to be covering it up.

Of course, be careful this summer. Use Uber, Lyft, or a designated driver. However, should the worst happen and you do get arrested for a DUI, contact DUI attorney Nathan Akamine as soon as possible for legal help.

Common Mistakes After DUI Arrest

An arrest for suspected drunk driving can have severe consequences so you must respond aggressively. A guilty verdict can result in the loss of your driver’s license, your employment, an increase in insurance premiums, or even jail time.

Most people don’t know how to respond after a DUI arrest, which can lead to mistakes that make conviction far more likely. Here are the top mistakes people make after being arrested for a DUI.

Avoid Making These Mistakes After A DUI Arrest:

1. Don’t provide the police with evidence.

Don’t answer questions or volunteer information. Ask for a lawyer then remain silent – it is your Constitutional right. Following your arrest, be careful what you post on social. If your friends can see it, the Prosecutor will see it.

2. Make sure to request a hearing within 30 days following your arrest.

Refusal to take a blood-alcohol concentration or BAC test, or testing higher than .08, will result in an automatic driver’s license suspension. You have 30 days to request an Administrative Hearing to try to protect your license.

3. Ignoring court dates or deadlines.

Failing to appear in court or missing important deadlines can result in additional penalties, such as license suspension or even an arrest warrant being issued.

4. Don’t assume that a failed BAC test means a conviction is inevitable.

If you undergo a chemical test and are found to have drugs or alcohol in your system, you still have options. The Prosecutor still has to prove your guilt beyond a reasonable doubt, and there are ways to introduce doubt about whether the chemical test was accurate. It may also be possible to prevent the failed test from being used against you (e.g., your Constitutional rights were violated during evidence collection).

5. Neglecting to understand and comply with license suspension requirements.

After a DUI, your driver’s license may be suspended or restricted. Failing to understand the specific requirements and restrictions can lead to further legal troubles if you’re caught driving while your license is suspended.

6. Continuing to drive under the influence.

One of the most significant mistakes individuals make is getting behind the wheel while under the influence again. Repeat offenses can lead to severe penalties, including increased fines, longer license suspensions, mandatory alcohol education programs, and even jail time.

7. Disregarding probation terms.

If you’re placed on probation as part of your DUI sentence, it’s crucial to strictly adhere to all the terms and conditions imposed by the court. Violating probation can result in additional penalties or even the revocation of probation, leading to imprisonment.

8. Failing to address alcohol or substance abuse issues.

A DUI arrest often indicates a problem with alcohol or substance abuse. Neglecting to seek help for these issues can have long-lasting consequences for your health, personal life, and future legal situations. It’s important to consider rehabilitation programs or counseling to address any underlying issues.

9. Failure to hire a qualified DUI attorney.

Many individuals make the mistake of not seeking legal representation after a DUI arrest. A skilled DUI defense attorney can guide you through the legal process, protect your rights, and help minimize the consequences. The sooner that you are represented, the better chance you have of minimizing or dismissing the case.

Make smart and informed choices and ensure that you do everything possible to try to avoid a conviction.

Should juveniles be allowed to waive miranda rights?

“You have the right to remain silent…..” chances are you know the rest. You don’t have to be involved in a crime to have heard it, thanks to crime TV shows. These are Miranda Rights and although many people can recite them, not everyone understands what they mean.

Miranda rights offer protection.

A law enforcement officer is legally obligated to read the Miranda rights to each suspect (defendant) at the time of his/her arrest and essentially, they state;

You are not required to speak to the police or any law enforcement officer.
You are permitted to have an attorney present to advocate on your behalf throughout police questioning.

A defendant can choose to uphold these rights or waive them. If the defendant chooses to waive their Miranda rights and speak directly to law enforcement officers without the presence of an attorney, such correspondence is not coerced or involuntary.

Juveniles Miranda rights.

Law enforcement officers must also read Miranda Rights to juveniles. However, juveniles may not fully understand the Miranda rights and the implications of waiving them. Because of this, the rate of juveniles choosing to waive their rights is alarmingly as high as 90%.

Why?

According to a Harvard Law publication; Interrogation coerces by design.³ We regulate interrogation because it can go too far, harming suspects and producing unreliable confessions.⁴

Common sense backed by brain science leaves no doubt that juveniles are often more vulnerable to the pressures of police questioning.⁵Protective procedures designed for adults offer limited help.

Younger juveniles misunderstand Miranda warnings at alarming rates,⁶ and developmental psychologists question whether minors are ever competent to make “knowing, intelligent, and voluntary” waivers of their rights.⁷

For child victims and witnesses, police, and judges have developed extensive protocols to ensure that statements are reliable, but there are no similar safeguards for juvenile suspects.⁸

Instead, to take advantage of psychological reality, interrogation training instructs officers to treat children no differently than they do adults, except when employing strategies for manipulating children’s special sensitivities.⁹ These methods work. As a matter of course, questioned minors waive their rights and make incriminating statements.¹⁰ “[Y]oung people are especially prone to confessing falsely.”¹¹ Juveniles account for as much as a third of documented false confessions. ¹²

Minors waving their Miranda Rights

On one hand, some cases dispute whether a juvenile actually waived his or her rights at all. On the other hand, are cases that dispute whether the rights were said in a way to make the minor understand what rights were actually protected.

Some states are currently considering revising the Miranda standard. Processes that would address some of these concerns include:

Implementing a version of Miranda specifically for juveniles that are much easier to understand.
Making it so that juveniles below a minimum age limit would be legally unable to waive their Miranda rights, make a confession, or even speak to a police officer in the absence of a parent or guardian.

If your child or the minor of a loved one has been arrested, please seek legal help. Call Akamine Law today. Your call is free.

⁶ See Thomas Grisso, Juveniles’ Capacities to Waive Miranda Rights: An Empirical Analysis, 68 CALIF. L. REV. 1134, 1166 (1980)

⁷ Barry C. Feld, Police Interrogation of Juveniles: An Empirical Study of Policy and Practice, 97 J. CRIM. L. & CRIMINOLOGY 219, 228 (2006)

⁸ See Tamar R. Birckhead, The Age of the Child: Interrogating Juveniles After Roper v. Simmons, 65 WASH. & LEE L. REV. 385, 420–27 (2008)

⁹ See FRED E. INBAU ET AL., CRIMINAL INTERROGATION AND CONFESSIONS 298–303 (4th ed. 2004)

¹⁰ See BARRY C. FELD, KIDS, COPS, AND CONFESSIONS 170 (2013)

¹¹ Christine S. Scott-Hayward, Explaining Juvenile False Confessions: Adolescent Development and Police Interrogation, 31 LAW & PSYCHOL. REV. 53, 61 (2007)

¹² Steven A. Drizin & Richard A. Leo, The Problem of False Confessions in the Post-DNA World, 82 N.C. L. REV. 891, 944 (2004)

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