Drug Charges 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.

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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).

Protect your freedom

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.

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.

Should Vehicle Searches Based on Odor Be Allowed?

As cannabis legalization sweeps the nation, one legal question continues to spark debate:
Should the smell of marijuana still give police the right to search your car?

It’s a gray area with serious consequences, especially when legal cannabis, hemp, and CBD products smell just like their illegal counterparts. Let’s break down what this means for you and what the future might hold.

🚔 Why Does the Smell of Cannabis Matter in Traffic Stops?

The smell of marijuana has long been used as probable cause to search vehicles. But what exactly is “probable cause”?

It’s the legal standard that allows police to search if they believe there’s a good chance they’ll find evidence of a crime.

If an officer claims they smell cannabis, that alone is often enough to justify a search. This could lead to:

Searches of your car and personal belongings.
Legal trouble if drugs—legal or illegal—are found.

The Problem with Probable Cause in a Legal Cannabis World

Here’s where it gets tricky:

Legal marijuana smells the same as illegal marijuana.
Hemp and CBD products, which are federally legal, also carry that telltale cannabis scent.
Officers can’t tell the difference just by smell—it requires a lab test.

So, if the smell of cannabis could come from something perfectly legal, should it still be enough to justify a search? That’s the debate.

🚨 Real-Life Example: When a Routine Stop Becomes a Legal Nightmare

Imagine this:

You’re pulled over for a minor traffic issue, like a broken taillight.
The officer claims to smell cannabis and searches your car.
They find a bag of weed you bought legally—but maybe you’re in a state where it’s still restricted.

Now, you’re facing charges for something you thought was perfectly okay. This is happening more often as cannabis laws lag behind real-world use.

🌿 Hemp vs. Marijuana: Why Smell Alone Is Misleading

Did you know?

Hemp, made legal in the U.S. through the 2018 Farm Bill, looks and smells exactly like marijuana.
In Ohio, the 2019 “Hemp Bill” made hemp legal—but it created confusion for law enforcement.

Even trained officers can’t tell the difference by smell alone. Yet, many are still using that scent as a reason to conduct searches.

🏛 Are Ohio Courts Reconsidering Vehicle Searches Based on Smell?

While Ohio allows medical marijuana and legalized hemp, searches based on cannabis odor are still permitted. However, Ohio courts are increasingly scrutinizing these searches, especially in cases where legal cannabis or hemp was involved. For example, legal challenges have argued that hemp’s identical smell to marijuana makes odor an unreliable indicator of illegal activity.

💡 What Can You Do If This Happens to You?

If you’re pulled over and the officer uses the smell of cannabis as an excuse to search your car, here’s how to protect yourself:

Stay Calm and Polite.
Arguing on the roadside won’t help your case.
Don’t Consent to a Search.
You have the right to refuse, though officers may still proceed if they claim probable cause.
Take Note of Everything.
Record details about the stop and search. This information can be critical if you need to fight the charges.
Contact an Attorney.
A skilled lawyer can challenge whether the search was lawful, especially if the smell came from a legal product.

🔥 Conculsion

1. Can police still search your car if it smells like weed?
In most states, including Ohio, yes—but some are rethinking this rule as cannabis legalization spreads.

2. Can legal CBD or hemp products lead to a search?
Yes, because they smell identical to marijuana.

3. Can you fight a vehicle search in court?
Absolutely. If the search was based on smell alone, and the substance was legal, you may have a strong case.

🚘 The Future of Probable Cause: What’s Next?

As cannabis laws continue to evolve, the legal system must catch up. The smell of marijuana no longer guarantees illegal activity—so why should it still justify a search?

While the rules remain inconsistent, one thing is clear:
If you’ve been charged with a crime after a search based on smell, you have options.