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Stay Safe This Memorial Day: Avoid DUI Arrests

Stay Safe This Memorial Day: Avoid DUI Arrests

Memorial Day weekend is a time for family, friends, and fun as we honor the brave men and women who have served our country. However, it’s also a time when DUI arrests spike significantly. Between backyard barbecues, pool parties, and other celebrations, many people become less vigilant about staying sober if they know they’ll be driving, or they fail to avoid driving altogether after drinking.

Remember: The safest choice is not to drink if you plan to drive. But if you find yourself facing a DUI charge, here are some essential things to know:

1. You Can Get a DUI Even if You Don’t Feel Drunk

There’s no clear line where your blood alcohol content (BAC) suddenly makes you feel drunk. In fact, the Centers for Disease Control and Prevention (CDC) note that even a BAC of 0.05 to 0.08 can impair your ability to:

  • Detect danger
  • Maintain self-control
  • Coordinate muscle movements
  • Control your speed

These effects might not be obvious to you, which can make having that “one last drink” seem harmless. However, legally, a BAC over 0.08 percent can lead to the same penalties as more severe intoxication. Be aware that breath and blood tests, although critical in determining BAC, are not infallible. Learn more about their potential inaccuracies here.

2. Be Polite

If you’re pulled over under suspicion of DUI, always be polite and cooperative with the officer. Even if you’re highly intoxicated, comply with all requests and avoid arguing. Good behavior can positively influence your case in court later on.

3. Your Car Might Be Towed

When charged with a DUI, you’ll be taken to the police station, and your vehicle will likely be towed at your expense. You’ll receive information about which company towed your car and how to retrieve it. Contact them promptly to arrange pickup and settle towing fees.

4. Booked, Processed, Contact Your Lawyer

At the police station, you’ll undergo booking and processing, which can take several hours, especially if it’s your first offense. Your fingerprints and mugshot will be taken, and an officer might ask questions about your DUI circumstances. Crucially, you have the right to contact an attorney—exercise this right to ensure you receive proper legal guidance. Reach out to DUI Defense Attorney Nathan Akamine for assistance.

5. You May Be Incarcerated or Released

Your detention length depends on factors like your DUI location, age, criminal history, and intoxication level. You might be released on bond, allowing you to contact a bondsman, friend, or relative to arrange payment and pickup. In some cases, immediate incarceration is possible, so be prepared for a potentially lengthy stay at the police station.

6. You’ll Go Before a Judge

A DUI charge typically requires a court appearance for sentencing. You can choose to hire your own attorney or have one appointed by the court. During proceedings, remain calm, respectful, and truthful, always with your attorney present. Missing your court date can result in a warrant for your arrest.

7. Community Service and/or Fines

If convicted, you might need to complete community service or court referral programs. Complete these obligations promptly and report back to the court. Ensure you pay any fines as soon as possible—payment plans are often available.

8. Long-Term Consequences

A DUI charge can stay on your record for years, impacting job prospects. Be upfront with potential employers about your DUI to avoid the appearance of concealment.

Stay Safe This Memorial Day

This Memorial Day, prioritize safety. Use Uber, Lyft, or a designated driver. If you do face a DUI arrest, contact DUI attorney Nathan Akamine immediately for legal assistance.

Stay safe, honor our heroes, and enjoy your holiday responsibly.

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

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

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

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:

  1. Experience: Do they specialize in your type of case?
  2. Comfort: Do you feel confident and at ease with them?
  3. Reputation: What do reviews and personal recommendations say?
  4. Courtroom Presence: Can they confidently represent you in trial?
  5. 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.

 

DUI: 8 Vital Things to Remember

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

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.