Nathan Akamine, Author at Akamine Law

Can I Fight A Probation Violation Charge?

Probation serves as an alternative to incarceration, offering individuals a chance to rehabilitate and reintegrate into society while under court supervision. Unfortunately, probation violations can happen, and these can lead to legal consequences. If you face a probation violation charge in Ohio, you might wonder if you can fight it. In this blog, we’ll explore the process of challenging a probation violation in Ohio and the key factors to consider.

Understanding Probation Violations in Ohio

Probation in Ohio typically involves a set of conditions that you must adhere to while serving your probation term. Common conditions include regular check-ins with a probation officer, abstaining from drugs and alcohol, maintaining employment, and avoiding any new criminal charges. When you fail to meet these conditions, it’s considered a probation violation.

Probation violations can be categorized into two types: technical violations and substantive violations.

Technical Violations: These involve breaking the rules of probation that do not involve new criminal activity. For example, missing a meeting with your probation officer or failing a drug test could be a technical violation.
Substantive Violations: These involve new criminal activity while on probation. Committing a new crime, no matter how minor, can result in a substantive violation.

Fighting a Probation Violation

If you’re facing a probation violation in Ohio, you have the right to challenge the charges. The process involves several steps:

Notice of Violation: You will receive a notice of violation, detailing the alleged violations and the potential consequences.
Hearing: You have the right to a hearing where you can present your case. It’s important to understand that the burden of proof is lower in probation violation cases compared to regular criminal trials. Instead of “beyond a reasonable doubt,” the standard of proof is typically “preponderance of the evidence,” meaning that it’s more likely than not that you violated your probation.
Legal Representation: It’s highly advisable to seek legal representation. An experienced attorney can help you build a strong defense, challenge evidence, and present your case effectively.
Evidence and Witnesses: Gather evidence or witnesses supporting your case. This may include alibis, character references, or proof that you were making a genuine effort to meet your probation conditions.
Negotiation: In some cases, it may be possible to negotiate with your probation officer or the prosecutor to reach an agreement. This could involve modifying your probation conditions rather than facing more severe consequences.

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Possible Outcomes

When fighting a probation violation in Ohio, there are several potential outcomes:

Dismissal: If you successfully challenge the violation, it may be dismissed, and you can continue your probation as originally ordered.
Modification: In some cases, the court may modify your probation conditions or extend the probation term.
Revocation: If the court finds you in violation of your probation, it can revoke your probation and impose more severe penalties, such as incarceration.

Challenging a probation violation charge in Ohio is possible, but it can be a complex and challenging process. It’s crucial to take the situation seriously, seek legal representation, and be prepared to present a strong defense. Additionally, always aim to comply with your probation conditions to avoid future violations, as maintaining a positive record can be crucial to your success in these cases.

Remember that the outcome of your probation violation hearing will depend on the specific circumstances of your case and the evidence presented. If you’re facing a probation violation, consult with an experienced attorney to guide you through the process and advocate on your behalf.

If you or someone you love has been accused of violating probation, don’t face the charges alone.

Defense attorney Nathan Akamine will help you. He is a former Franklin County Prosecutor and he has successfully defended clients at probation violation hearings for 20+ years.

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.

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5 Ways to Fight Drug Possession Charges

If you’re facing drug charges, the uncertainty of your future can be scary. You could be facing severe penalties.

There are steps you can take to protect yourself and prove your innocence.

1. Knowing search and seizure

What were the circumstances surrounding your arrest? If the police entered your home or car without probable cause, a warrant, or your permission, then they violated your Fourth Amendment rights.

As such, any drugs or substances taken as evidence cannot be used against you in court. After the substances are dismissed as evidence – the charges usually follow.

2. Obtaining the chain of custody

Evidence collected by the police will begin a sequential chain of custody. Chain of custody is the movement and location of physical evidence from the time it’s obtained until the time it is presented in court.

Evidence rooms and labs can get extremely busy. It’s not unusual for the police or prosecution to misplace evidence while it goes between detectives and evidence rooms. We’ll examine the proof of the chain of custody. If the prosecution cannot find the substances seized from you, they must dismiss your charges.

3. Proving ownership

Circumstantial evidence may be enough to detain you, but it also creates doubt in a jury’s mind. There is a possibility that drugs found in your home or car don’t belong to you. Prosecutors will link any illegal items found in your possession to you, but a skilled defense lawyer will help break that link.

4. Lab analysis

If the police took something from you that they suspected was drugs, but you know it’s not, the lab results should come back negative. But what if the seized substances come back positive as an illegal drug?

As your lawyer, we’ll question crime lab results. It’s possible that the substance they seized was lost in the chain of custody, or that the prosecution may have submitted the wrong evidence to the lab. The results of a crime lab may be the salvation you need to prove your innocence.

5. Were you framed?

While most officers of the law are upstanding members of the police force, there are those that are unethical. If you think you’ve been framed, talk to a lawyer and give them the specifics of your arrest.

Let’s look at two examples;

Entrapment
Entrapment happens when a law enforcement agent has you commit a crime you wouldn’t normally do. An officer of the law cannot force you to buy, sell, take, or hold drugs under any kind of threat.
Planted Evidence
Planted evidence is an item that has been placed at a scene. Planted evidence is not admissible in court. As technology advances, more police departments are using body cameras for the protection of both the accused and the police. However, some have covered their cameras or turned them off when they do something they shouldn’t.

A good lawyer will know to request all body camera footage, question officers if the cameras were turned off, and get all radio transmissions and texts during your arrest. It’s also a good idea to review the disciplinary history of the arresting officer(s).

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Together we will fight to protect your freedom, your future, and your reputation.

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How to Choose the Right Criminal Defense Lawyer: A Guide for 2024

Facing criminal charges is one of the most stressful experiences anyone can endure. Even a minor offense can result in a criminal record that haunts you for years—affecting your career, your living situation, and even personal relationships.

The reality is this: the lawyer you choose could determine the outcome of your case. But with so many attorneys advertising their services, how do you find the right one? Here’s a step-by-step guide to help you make this critical decision.

1. Does the Lawyer Have Experience with Your Charges?

Criminal law is vast, and not every attorney is suited for every type of case. If you’ve been charged with a crime, choose an attorney who specializes in cases like yours.

For example:

A lawyer who focuses on white-collar crimes might not be the best fit for a DUI or assault case.
Similarly, a defense attorney with expertise in drug-related offenses may lack the nuanced experience needed for a domestic violence charge.

What to Do:

Ask about their track record with cases similar to yours.
Research their courtroom experience and outcomes for those cases.

2. Do You Feel Comfortable with Them?

Your lawyer isn’t just your representative—they’re your partner in navigating a stressful and complex legal process. Comfort and trust are essential in this relationship.

How to Gauge Comfort:
Take advantage of free initial consultations offered by most law firms. Use this time to:

Ask questions.
Assess how well they explain your options.
Determine if you feel heard and respected.

Questions to Ask Yourself After the Meeting:

Am I comfortable talking openly with them?
Do they explain legal concepts in a way I can understand?
Do they seem genuinely concerned about my case?
Do I feel confident in their ability to represent me?

If something feels off, don’t hesitate to move on to another candidate.

3. What Do Reviews and Recommendations Say?

Personal recommendations and online reviews can be incredibly helpful when searching for a lawyer. However, they shouldn’t be the only factor in your decision.

Word of Mouth: If you know someone who has been in a similar situation, ask who they used and how their experience was.
Online Reviews: Check Google, Facebook, and legal directories for feedback from past clients.

Key Tip:

A lack of reviews doesn’t always mean a lawyer isn’t competent. Criminal defense cases are often private, and many clients choose not to share details publicly.
Focus on patterns in reviews—if there are consistent complaints about poor communication or lack of preparation, that’s a red flag.

4. Does the Lawyer Have Courtroom Confidence?

If your case goes to trial, you need a confident and persuasive lawyer in the courtroom. A good trial lawyer should:

Be well-prepared and organized.
Speak clearly and convincingly.
Handle pressure with composure.

When meeting with a potential attorney, observe their demeanor:

Are they well-dressed and professional?
Do they exude confidence without arrogance?

Don’t Forget:
You should feel involved in your case. The lawyer works for you, and major decisions—like whether to take a plea deal or go to trial—should be made with your input.

5. What Does Your Gut Say?

When it comes down to it, your instincts are your best guide. If something doesn’t feel right—whether it’s their communication style, attitude, or approach—trust your gut and keep looking.

Remember:
You’re interviewing them to see if they’re the right fit for you, not the other way around.

💡 How Ohio Laws Impact Your Search for the Right Lawyer

Ohio’s legal landscape is unique, so it’s important to find an attorney with in-depth knowledge of local laws and procedures:

Criminal Records in Ohio: A conviction, even for a minor crime, can have long-lasting consequences. A skilled Ohio attorney can guide you through options like record sealing or expungement.
Mandatory Minimums: Some crimes in Ohio carry mandatory minimum sentences, which can complicate plea deals. Make sure your lawyer understands how these laws apply to your case.
DUI/OVI Cases: Ohio has strict operating vehicle impaired (OVI) laws. If your charges involve DUI or similar offenses, your attorney should be familiar with local enforcement and testing protocols.

Choosing a lawyer with experience in Ohio law ensures you’ll have an advocate who understands the nuances of the state’s legal system.

Checklist: How to Evaluate a Criminal Defense Lawyer

Here’s a quick recap of what to look for when choosing a lawyer:

Experience: Do they specialize in your type of case?
Comfort: Do you feel confident and at ease with them?
Reputation: What do reviews and personal recommendations say?
Courtroom Presence: Can they confidently represent you in trial?
Instinct: Does this lawyer feel like the right fit for you?

Contact an Experienced Ohio Criminal Defense Lawyer

If you or a loved one is facing criminal charges, don’t wait—get the right legal representation on your side.

At Nathan Akamine Law, we understand the stakes and are here to fight for you. Schedule a consultation today and take the first step toward protecting your future.

Violating probation: What to expect.

Facing a potential conviction due to a probation violation can be daunting, especially if it was unintentional or stemmed from an oversight. As your probation violation attorney, my primary focus is to advocate for you and persuade the judge to consider leniency rather than imposing severe penalties for what may have been a simple lapse in judgment.

What can I expect from the probation violation process?

Understanding the probation violation process is essential for navigating through it effectively. While it differs from a typical criminal case, the general procedure remains similar.

Notification: Your probation officer will inform the court of the alleged violation(s) of probation terms.
Court Action: The court will schedule a hearing to address the violation and may issue a warrant for your arrest.
Arrest and Bond: If arrested, you will attend a hearing where a bond may be set.
Statement of Violations: You will be provided with a Statement of Violations detailing the alleged breaches of probation terms.
Probable Cause Hearing: You have the right to a hearing to determine if there is sufficient cause for the alleged violation.
Evidentiary Hearing: You are entitled to a hearing where the state must prove that the violation occurred.

What are the possible consequences of violating probation?

Community service
Probation warning or modification
Extension of probation duration
Additional probationary restrictions (e.g., stricter curfew)
Mandatory drug testing or treatment
Enrollment in specific classes or programs (e.g., anger management)
Regular counseling sessions
Jail time

It’s crucial to note that the judge who initially imposed probation will also preside over the violation hearing. This judge’s familiarity with the case may influence their decision on the appropriate punishment. Therefore, there’s a risk that they may opt for harsher penalties than initially anticipated.

Having an experienced probation violation attorney by your side is invaluable during this process. We can analyze your case to identify mitigating factors, such as progress made during probation, stable employment, or participation in rehabilitative programs, which may sway the court toward a more favorable outcome. By presenting a compelling case and advocating on your behalf, we strive to minimize the repercussions of a probation violation.

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