General Knowledge Archives

Alternative Sentencing Options in Ohio

Facing criminal charges can be daunting, but not all cases lead directly to jail time. In many situations, alternative sentencing options provide a way for individuals to avoid incarceration while still addressing the legal and rehabilitative needs of their cases. These alternatives are particularly beneficial for non-violent offenders, first-time offenders, and those willing to take steps toward rehabilitation.

Let’s explore common alternative sentencing options available in Ohio, how they work, and why they may be a valuable part of a criminal defense strategy.

What Are Alternative Sentencing Options?

Alternative sentencing refers to court-imposed penalties that do not involve traditional incarceration. These sentences aim to rehabilitate offenders, reduce recidivism, and ease the burden on the penal system. Courts often consider factors like the nature of the offense, the defendant’s criminal history, and their willingness to comply with rehabilitative measures.

Common Types of Alternative Sentencing in Ohio

1. Pretrial Diversion Programs

Pretrial diversion allows eligible offenders to avoid prosecution by agreeing to participate in a program designed to address the underlying causes of their behavior. This might include counseling, education, or community service.
Upon successful completion, charges may be dismissed or reduced, leaving the individual with a clean record

2. Probation

Instead of serving time in jail, offenders may be placed under supervised probation. They must comply with court-mandated conditions, such as maintaining employment, attending counseling, or passing regular drug tests.
Probation violations can lead to more severe consequences, including imprisonment.

3. House Arrest and Electronic Monitoring

For some offenders, serving a sentence at home under electronic monitoring can be an alternative to jail. This option is particularly common for non-violent offenders.
House arrest allows individuals to maintain employment or fulfill family responsibilities while serving their sentence

4. Community Service

Courts may require offenders to complete a set number of community service hours, allowing them to give back to their community while avoiding incarceration.
This is often used as part of probation or pretrial diversion agreements.

5. Rehabilitation Programs

Offenders with substance abuse or mental health issues may be required to participate in treatment programs. Drug courts and mental health courts are specialized systems designed to manage these cases effectively.
Successful participation can lead to reduced or dismissed charges.

6. Restorative Justice Measures

This approach emphasizes repairing the harm caused by the crime. Offenders may be required to meet with victims, apologize, or engage in activities to directly address their actions’ impact.
Restorative justice is becoming increasingly popular for juvenile cases and minor offenses.

Who Qualifies for Alternative Sentencing?

Eligibility for alternative sentencing varies depending on the type of offense, the offender’s criminal record, and the court’s discretion. Non-violent and first-time offenders are the most common candidates, but others may qualify based on their willingness to comply with court-ordered programs.

Examples of qualifying offenses:

Drug possession (non-violent)
First-time DUIs
Shoplifting or petty theft
Minor property damage

How a Criminal Defense Attorney Can Help

A skilled criminal defense attorney plays a vital role in securing alternative sentencing. They can:

Negotiate with prosecutors: Propose alternative solutions like pretrial diversion or probation instead of incarceration.
Advocate in court: Present compelling arguments for why alternative sentencing is appropriate.
Help clients comply with conditions: Guide individuals through program requirements to ensure successful completion.

The Benefits of Alternative Sentencing

Rehabilitation Over Punishment: Focus on addressing the root causes of criminal behavior, such as addiction or mental health issues.
Preserving Employment and Family Ties: Avoiding jail time allows individuals to maintain jobs and family responsibilities.
Reducing Recidivism: Programs that focus on education and treatment can significantly lower the likelihood of reoffending.
Alleviating System Overcrowding: Diverting eligible offenders reduces the burden on Ohio’s correctional facilities.

Alternative sentencing options provide hope and second chances for many facing criminal charges. If you’re in Columbus, Ohio, and want to explore these possibilities, Nathan Akamine offers experienced, personalized representation to help you achieve the best outcome. Contact us at (614) 443-6818 to schedule a consultation today.

What proof is needed for a restraining order in Ohio?

While getting a restraining order is important if you feel threatened, Ohio courts require clear evidence before any restrictions are put in place. If you’re the one being accused, it’s essential to know what proof is required and how to respond.

Types of restraining orders and what you need to show.

There are two main types of restraining orders in Ohio:

Temporary Ex Parte Protection Order:

Given on the same day a petition is filed.
A judge decides if there’s a good reason for immediate protection.
Examples considered include threats or harm, sexual abuse, and the accused person’s past convictions for domestic violence.
Not much evidence is needed at this stage, and the accused person isn’t there to defend themselves. The order lasts until the full hearing, usually 7 to 10 days later.

Civil Protection Order (CPO):

Can last up to five years.
Established after a full hearing where both parties present their case.
Evidence must convincingly show genuine fear of harm or harassment by the accused person.

Evidence that supports a protection order.

Evidence from the person seeking the order can take different forms:

Witness Testimony: Statements from people who witnessed abusive behavior.
Photographic Evidence: Photos of injuries caused by violence, with timestamps.
Text Messages or Emails: Messages with threatening language or detailing abuse.
Video Footage: Strong evidence of abuse or threats was recorded.

How to defend yourself against a restraining order.

If you’re facing a restraining order, there are ways to defend yourself:

Present Evidence Contradicting Claims: Use records of messages or social media to dispute the accuser’s claims.
Provide an Alibi: Show proof you were somewhere else during alleged incidents, like receipts, videos, or timestamps.
Witness Testimony: Get witnesses who can contradict the accuser’s story.
Show No Genuine Fear: Demonstrate that the accuser didn’t see you as a threat, possibly through friendly interactions.

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If you’re dealing with a restraining order, give us a call. We will guide you through the process and make sure your rights are protected. Schedule a free consultation to discuss your situation.

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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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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.