Stalking Attorney in Washington: Experienced Criminal Defense When Your Future Is at Stake
Being accused of stalking can have serious consequences for you. If you are convicted of stalking you can face up to one year in jail or even be sent to prison for up to three or four years. In addition to time, you can also be fined a significant amount of money and placed on probation or released into the community to serve a term of community service or be under the supervision of the department or agency. In many stalking cases, a no-contact order or protection order will be issued which restricts your ability to have any contact with the victim. Even after the case has been resolved, a stalking conviction can have the consequence of restricting your right to possess firearms for life. In many cases, before the matter even proceeds to trial, the allegations of stalking can affect your life, your job, and your relationships.
We defend clients accused of stalking and other crimes throughout Washington state. If you are being investigated for Stalking or have been charged with Stalking and need a stalking attorney in Washington, we can help. We practice in the following cities: Vancouver, WA, Portland, OR and throughout Clark County, WA.
What Is Stalking Under Washington Law?
Stalking generally involves a person following, monitoring, contacting or communication with another person in a repetitive manner with the intent to cause said person to fear for his or her safety or to suffer emotional distress.
Stalking allegations may involve:
- Repeated phone calls or text messages
- Persistent emails or social media communications
- Following or monitoring another person
- Appearing at someone’s home, workplace, or other locations
- Alleged threats or intimidating conduct
- Repeated unwanted contact
In order to find a defendant guilty of Stalking, the prosecutor must prove all of the elements of the crime beyond a reasonable doubt. Every case is different and should be evaluated by an attorney.
Potential Consequences of a Stalking Conviction
A stalking conviction can have very serious and long lasting effects on a person who has been found guilty of stalking another.
Possible penalties may include:
- Jail or prison time
- Court-imposed fines
- Probation or community supervision
- No-contact or protection orders
- Restrictions on firearm possession when required by law
- A permanent criminal record
- Difficulty finding employment or housing
- Damage to personal and professional relationships
The potential consequences of a stalking conviction are serious. Consult with an attorney as soon as possible to understand your rights and receive the best defense for your case.
How Stalking Cases Are Investigated
Law enforcement, as well as the prosecutors office, gather and review a lot of evidence in stalking cases in order to prove the case.
Common evidence includes:
- Text messages
- Emails
- Social media activity
- Phone records
- Surveillance footage
- Witness statements
- GPS or location information when lawfully obtained
- Police reports
- Digital communications
A seasoned defense attorney will review the evidence collected by the prosecution and see if it really supports the charges against the accused.
Common Defense Strategies
Each and every criminal case is individually and specifically handled by the defense attorneys at our law firm in the development of a particular strategy for the respective case.
Possible defenses may include:
Lack of Criminal Intent
The prosecution must prove criminal intent on the part of the defendant but that the defendant was mistaken or even acted in entirely innocent fashion.
Insufficient Evidence
The main evidence used to convict someone of Stalking is generally insufficient. In order to convict someone of Stalking, the prosecution must prove every element of the charged crime beyond a reasonable doubt. Even when there is strong evidence of Stalking, there are often key pieces of evidence that are lacking or weak. Furthermore, much of the evidence used to prove Stalking is often circumstantial.
False Allegations
Personal disputes, relationship conflicts, child custody cases, and workplace conflicts can all lead to false or to excessive accusations of Stalking. A thorough investigation of the case will usually reveal inconsistencies in the allegations against the defendant.
Mistaken Identity
Digital evidence such as emails, online postings, etc. can raise issues of mistaken identity as to who actually sent the communication or was involved in the online activity.
Constitutional Rights Violations
Can constitutional rights be violated during a stalking investigation and is such evidence suppressed at trial?
Why Early Legal Representation Matters
The earlier you get a lawyer the better.
An experienced stalking defense lawyer can:
- Review the allegations
- Examine digital evidence
- Analyze witness statements
- Challenge unlawful evidence
- Communicate with prosecutors
- Protect your constitutional rights
- Develop a strong defense strategy
- Represent you during negotiations and trial
Getting good legal advice early on can make a huge difference in how your case is resolved.
Why Choose Mcaleer Law?
Mcaleer Law is here to protect the rights of the accused. Whether or not your behavior constituted criminal activity, the fact that you are facing charges is a serious matter and can have far reaching consequences for your future. We take each client and each case seriously and work diligently to provide individualized attention and serious defense to each and every client.
Clients trust our firm because we offer:
- Individualized defense strategies
- Comprehensive evidence review
- Skilled criminal defense representation
- Strong trial advocacy
- Honest legal advice
- Responsive communication throughout your case
Our mission is to protect your rights and achieve the best possible outcome in your case.
What to Do If You Are Accused of Stalking
You have found out that you are the target of a stalking investigation, or have been arrested and charged with stalking.
Remain calm.
DO NOT CONTACT THE ALLEGED VICTIM. There are some exceptions to this rule but typically it is not a good idea to contact a victim of alleged stalking. For example, your attorney may tell you that it is okay to contact a victim as part of your investigation. On the other hand, there may be times when the State requires you to contact a victim. If you have any questions regarding contacting a specific victim, you should ask your attorney first and then follow his
Preserve any evidence that may support your defense.
Avoid discussing the case on social media.
Exercise your right to remain silent.
Contact an experienced criminal defense attorney immediately.
Protect Your Rights. Defend Yourself.
Contact a Stalking Attorney in Washington
In stalking cases, it is critical to have an attorney involved early on in the case. The experienced criminal defense attorneys at Mcaleer Law can review the evidence in a case and help protect the constitutional rights of a client. We can also begin to work on a criminal defense for you.
We invite you to contact us today at (360) 334-6277 to schedule a free consultation with a skilled stalking attorney and learn more about how we can guide you through the process of defending yourself in a stalking case and how we can protect your rights and best interests in a criminal stalking case.
