DUI Archives · Akamine Law®

Should I Use a Public Defender or Hire a Private Defense Attorney?

Facing criminal charges can be an intimidating and overwhelming experience, and one of the most critical decisions you’ll have to make is choosing between a private defense attorney or a public defender to represent you. Both options have their advantages and limitations, and it’s crucial to understand the differences to make an informed decision. In this article, we’ll explore the factors you should consider when choosing a private for-hire attorney or a public defender.

1. Expertise and Resources:

Private Defense Attorney:
Private criminal defense attorneys often have specialized expertise in specific areas of the law. They can choose their cases, allowing them to focus on their strengths and build a strong defense tailored to your situation. They also have access to a network of experts, investigators, and resources that can be crucial in building a strong defense.

Public Defender:
Public defenders are committed legal professionals, but they often have heavy caseloads and limited resources. While they possess valuable experience, they might have less time to dedicate to your case, which can impact the depth of their investigation and preparation.

2. Personalized Attention:

Private Defense Attorney:
Hiring a private attorney typically means receiving more personalized attention. Your attorney can give your case the time and dedication it deserves, addressing your specific needs and concerns.

Public Defender:
Public defenders may have numerous cases to handle simultaneously, which can limit their ability to provide the same level of individualized attention. While they will work diligently to represent you, their caseloads may affect the depth of their involvement in your case.

3. Costs and Fees:

Private Defense Attorney:
Hiring a private attorney involves costs, which can vary significantly based on the complexity of your case and the attorney’s experience. However, many private defense attorneys offer payment plans or accept legal aid if you qualify.

Public Defender:
Public defenders are provided by the state or federal government, so their services are typically free if you meet the eligibility criteria. This makes them an accessible option for individuals who cannot afford private representation.

4. Decision-Making Control:

Private Defense Attorney:
When you choose a private attorney, you have more control over the direction of your defense. You can make decisions about plea bargains, trial strategies, and other aspects of your case.

Public Defender:
Public defenders are obligated to act in your best interests, but their ability to make strategic decisions may be influenced by the policies of their office and their caseload. You still have a say, but you may have less control over the direction of your defense.

Conclusion:
The choice between hiring a private defense attorney and using a public defender is a critical decision that should be based on your specific circumstances and needs. Private attorneys offer expertise, personalized attention, and flexibility, but they come at a cost. Public defenders provide legal representation without direct fees, but their caseloads may limit their ability to dedicate as much time to your case.

Ultimately, the decision should align with your financial situation, the complexity of your case, and your comfort level with your chosen attorney. Consult with a legal professional to make an informed choice that will best serve your interests in your criminal defense case.

Looking for legal help? Call Akamine Law for a FREE case review.

The Difference Between a Bench Warrant and Arrest Warrant

No warrant that you receive should be ignored. It will still exist in your file and failing to act on these official court records will complicate your case and could cause jail time.

What is an arrest warrant?

An arrest warrant must first be approved by a judge before it can be executed, but only after investigators present their findings with compelling evidence. Once the arrest warrant has been issued, law enforcement agents have the power to search for you and place you under arrest.

Following your arrest, you’ll be processed (booked) at a police station to establish proper identification, and your fingerprints and facial photographs (mugshot) will be taken by the police for entry into the legal database.

What is a bench warrant?

Bench warrants are issued for “failure to appear” or capias warrants and are the most frequently issued type of warrant. They are different from arrest warrants in that they are not issued at the beginning of criminal proceedings, but rather issued for your failure to appear at a hearing at a specific point in the criminal process.

When a bench warrant is issued, a police officer may not necessarily visit your home to carry out (execute) a bench warrant, but if an officer engages you over something else, like a traffic infraction, and runs your name through the computer, he/she will find the bench warrant and probably detain you.

How do I know if a warrant has been issued?

In either case, you can take proactive measures to find out if a court issued a warrant against you. You can search the court database online, or hire a criminal defense lawyer to do it for you. Your appearance date will be specified in the court’s paperwork, along with any penalties for missing it.

Search the public record using Franklin County Municipal Clerk Lori Tyack’s Court Access and Search Engine (CASE).

PLEASE NOTE: all individuals with outstanding warrants are strongly encouraged to contact a criminal defense attorney.

FREE CASE REVIEW

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.

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.

Can a social media post result in criminal charges?

If you’ve spent any time on social media, it’s likely that you read abusive and oftentimes offensive statements posted or left as comments. Most people are under the assumption the things said online are without repercussions. However, that may not be the case.

Perhaps you remember hearing about Justin Olsen, an 18-year-old Ohio man who was arrested last year on federal charges after investigators claimed that he made multiple entries online posting his support of mass shootings, and cited a target of Planned Parenthood.

Regardless of Olsen telling the FBI that his posts were “only a joke”, he was booked on state charges of telecommunications harassment and aggravated menacing, and the federal charge of threatening a federal law enforcement officer.

Although Olsen’s charges are considered to be severe for online behavior, a malicious or threatening post may qualify as defamation. Defamation is the publication of a statement about someone that hurts their reputation in the eyes of members of society.

Online actions can have severe consequences.

You may remember a case where social media played a major part in a case against two football players who were eventually found guilty of raping an intoxicated 16-year-old girl.

The victim says she doesn’t remember much of what happened the night when Trent Mays, 17, and Ma’lik Richmond, 16, assaulted her at a friend’s party, and that she only became aware of it after a video surfaced on social media. A key piece of evidence was an Instagram photo of the boys carrying the girl out of the house by her arms and legs.

That being said, photos and videos, whether posted publicly or obtained by police, have to meet certain criteria:

They must be authenticated, meaning the prosecutors have to prove the images are what they seem and have not been altered or staged;
they can not be shown out of context

Additional charges were later brought against two teenage girls in the same case after police were shown twitter posts threatening the physical harm to the victim if she didn’t drop the charges.

Can I be arrested for posting a video?

Richard Godbehere uploaded a 5-minute video of himself driving, cracking open a beer, then proceeding to take a drink. He then stated “We all know drinking and driving is against the law. You’re not supposed to do that. But they didn’t say anything about driving and then drinking.”

A joke, maybe. Against the law, definitely. He was surprised when the police showed up at his house prepared to arrest him on charges of consuming alcohol while operating a vehicle.

He stated the video was meant as a parody and claimed there wasn’t actually beer in the bottle, to which Police Chief Darryl Perry stated: “Our traffic laws are in place for a reason, and Mr. Godbehere’s blatant disregard for those laws is the type of behavior that won’t be tolerated.”

The moral of the story, be careful what you say online. It can, and will be used against you in a court of law.

If you or someone you love is in need of an experienced and aggressive criminal defense lawyer, call Nathan Akamine.

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