State Criminal Defense Attorney Vancouver WA: Protecting Your Rights Under Washington Law
Being charged with a crime is a very stressful and difficult time for people and their families. A conviction in a criminal case can have a negative impact on a person’s life for many years to come by affecting their liberty, finances, future and ability to obtain employment and other opportunities that are important to them. Different offenses are charged as misdemeanors or felonies, or as crimes such as DUIs and drug offenses, assaults, thefts, etc. And each of these types of offenses have their own special rules and procedures that govern how they are charged and tried.
What Does a State Criminal Defense Attorney Do?
A state criminal defense attorney is a lawyer who represents individuals charged with crimes under the Washington criminal laws.
It is often misperceived by the general public that a criminal lawyer simply shows up in court on behalf of a criminal defendant. The job of a criminal defense attorney is to thoroughly and comprehensively investigate and defend all criminal allegations against his or her client. This means identifying both discernable and imprecise issues of fact and law, negotiating on behalf of his or her client with the district attorney’s office to seek the most appropriate disposition, and to zealously advocate on behalf of the client at any and all stages of criminal proceedings.
Depending on your case, your attorney may:
- Investigate the circumstances of the alleged offense
- Review police reports and evidence
- Examine search and seizure issues
- Challenge questionable evidence
- Interview witnesses
- Review video, photographs, and digital evidence
- Negotiate with prosecutors
- File appropriate motions
- Represent you at hearings
- Prepare your case for trial
Additionally, Mcaleer Law provides pre-charge investigation and defense services for individuals under investigation by police before charges are filed in Vancouver and elsewhere throughout the state of Washington.
What Is a State Criminal Case?
A state criminal case is a criminal case which was charged under the laws of a state as opposed to the laws of the federal government.
The Washington State laws that govern criminal offenses are contained in the Revised Code of Washington (RCW). Specifically, most offenses are set forth in Title 9A.
State criminal cases can involve offenses such as:
- DUI and vehicular offenses
- Drug possession and drug delivery
- Assault
- Domestic violence
- Robbery
- Burglary
- Theft
- Fraud
- White-collar crimes
- Sex offenses
- Weapons offenses
- Harassment
- Stalking
- Property crimes
- Violent crimes
These charges have different potential consequences depending on the specific charge, prior offenses, evidence and other circumstances.
Misdemeanor vsa Felony Charges
Washington criminal offenses can carry very different consequences.
Misdemeanor Charges
Misdemeanors generally are considered less serious than felonies; however, the consequences of conviction for a misdemeanor can still be very serious.
A misdemeanor may affect:
- Employment
- Housing
- Professional opportunities
- Driving privileges
- Reputation
- Future legal proceedings
Examples include some of the Assault, Theft, Harassment and Driving related Offenses.
Felony Charges
Serious felonies can have many long lasting consequences for a person’s life and health.
Depending on the offense, a felony conviction may result in any of the following:
- Incarceration
- Fines
- Restitution
- Probation or community supervision
- Restrictions on certain rights
- Difficulty obtaining employment
- Long-term criminal-record consequences
Mcaleer Law is prepared to handle both serious felony charges and misdemeanors.
What Should You Do After an Arrest?
Your actions following an arrest can impact your case.
Remain Calm
Arguing with the police or physically resisting arrest is not in your best interest and could lead to additional charges.
Exercise Your Right to Remain Silent
Remember, you have the right to remain silent and do not have to explain your circumstances to the police without speaking with an attorney first.
You can clearly state that you want to remain silent and want an attorney.
Do Not Guess or Speculate
Your explanation of what you did can hurt your case. Often, statements made by a defendant while under arrest can and will be used against the defendant in court by the prosecutor.
Follow Release Conditions
Be sure to comply with all of the conditions of release and report to Court as required.
Contact a Criminal Defense Attorney
The earlier your attorney has information regarding your case the better he/she will be able to evaluate the evidence in your case and begin to develop a strategy to defend you.
Can Police Search Your Property?
Search-and-seizure issues often come up in many different criminal cases.
Depends on the circumstances in which a search is conducted by police and whether your attorney finds that proper constitutional procedure has been followed by police in obtaining evidence against you for use at trial.
Potential issues can include:
- Traffic stops
- Vehicle searches
- Home searches
- Search warrants
- Consent searches
- Cellphone searches
- Property seizures
- Statements obtained during an investigation
If illegally obtained evidence has been used against you, your attorney may be able to have that evidence suppressed from consideration by the judge or jury.
Can Criminal Charges Be Dismissed?
A criminal charge does not mean you will be convicted of the crime for which you have been charged.
The result of any given case can be influenced by many factors including the facts and evidence in any particular case, applicable laws, and the many decisions that are made in any given case.
Depending on the circumstances, a defense attorney may pursue:
- Dismissal
- Reduction of charges
- Suppression of evidence
- Negotiated resolution
- Alternative sentencing options when available
- Trial
Your attorney can evaluate the evidence and tell you what he or she recommends that you do in your case.
What Happens During a Criminal Case?
While each crime and court is different, generally a state criminal case includes the following elements:
Arraignment
The formal reading of the criminal charges and other preliminary matters in a criminal case.
Pretrial Proceedings
Information to be exchanged by defense and prosecution, motions heard, evidence discussed, possible resolutions to case negotiated.
Motions
Also your attorney can file a motion to exclude certain evidence, a search, or a confession, among other things.
Negotiations
The defense negotiates with the prosecutor for the appropriate resolution of a case.
Trial
Your case will be tried if a settlement is not reached. The state must then prove each element of the charged crime(s) beyond a reasonable doubt.
Why Local Representation Can Matter
In most states, a state criminal defense attorney in Vancouver, WA can provide the best local representation.
Mcaleer Law is located in Vancouver and practices throughout Southwest Washington including Clark County and the surrounding areas.
The Mcaleer Law team includes attorneys Erin Bradley Mcaleer, Robert R. Andersen, Autumn Nigro, Jeff Riback, Stephanie Radecke and Joseph Schinabeck.
Local representation can help your attorney understand:
- Applicable Washington criminal laws
- Local court procedures
- The nature of your specific charges
- Prosecutorial practices
- The evidence involved in your case
- The procedural requirements affecting your case
- Criminal Investigations Before Charges Are Filed
Do not wait until you are arrested to get legal advice.
People are frequently surprised to learn that police or other investigators can begin contacting a person, or requesting an interview, long before formal charges are filed. A person may learn that investigators are speaking with other witnesses to a matter, only to receive a subpoena to appear before a Grand Jury, or learn that a search warrant was served on the premises of another.
Mcaleer Law focuses on the representation of individuals and businesses involved in criminal investigations as well as those charged with crimes prior to the filing of formal charges by the prosecution.
Protect Your Rights Before You Become a Suspect! Even though an arrest has not occurred yet, it is always a good idea to seek the advice of an experienced criminal defense attorney before you become the subject of a criminal investigation.
How a Criminal Defense Attorney Builds a Defense
Every criminal case requires an individualized strategy.
Your attorney may begin by asking:
- What exactly happened?
- What evidence does the prosecution have?
- Who reported the alleged offense?
- Were there witnesses?
- Did police conduct a search?
- Did investigators question you?
- Are there videos or photographs?
- Are there conflicting statements?
- Did officers follow proper procedures?
- Can the prosecution prove every required element of the charge?
Your attorney can then determine the weaknesses in the case brought by the prosecution and also the best legal strategy to apply to your case.
Why Choose Mcaleer Law?
Mcaleer Law is a Washington law firm dedicated to criminal defense. This law firm handles all types of criminal cases including serious felony charges and other crimes.
The firm’s criminal defense services include:
- Felony defense
- Misdemeanor defense
- DUI defense
- Drug crime defense
- Assault defense
- Domestic violence defense
- Sex crime defense
- Theft and burglary defense
- White-collar crime defense
- Weapons offense defense
- Criminal investigations
- Post-conviction relief
All of Mcaleer Law’s attorneys practice out of the firm’s Vancouver office and handle cases throughout the region, including in Vancouver and the surrounding communities of Clark County and Southwest Washington.
Contact a State Criminal Defense Attorney in Vancouver, WA
Your future can be impacted by a criminal accusation even after your first court appearance. Don’t take the prosecution’s version of events for face value.
Whether you have been charged with a crime or think you are under investigation for a crime in Washington, you need a skilled and experienced state criminal defense attorney.