We Handle Most Felony & Misdemeanor Criminal Law Issues

• Domestic violence and domestic assault
• Assault
• DUI/Drunk Driving
• Shoplifting
• Malicious mischief
• Violations of no contact orders
• Trespassing
• Harassment
• Abuse of a vulnerable adult
• Fish and game violations
• Fraud & Theft
• Drug Possession & Delivery
• Juvenile matters

The biggest complaint against big law firms is that you have no personal connection with your lawyer. You get passed from one attorney to another without having a chance to build trust and a relationship with the person who is going to fight for your freedom. John Davis handles all his cases personally. The man you shake hands with to start the case is the same one that will resolve your case.

Communication. It is vital concept that some attorneys can improve upon. Vancouver Criminal Defense Attorney John Davis prides himself not only listening to his clients but also keeping them updated on their case. Emails and Phone calls are returned promptly.

Any attorney can claim that he is aggressive, but being aggressive and tactful is what sets the best apart. Hiring an attorney that promises to “fight for you” might not be a good thing if that person believes he can rant and rave to get you what you want. This never works, and in fact will do you more harm by turning the Judge and Prosecutor against you.John Davis’s aggressive defense is quite different. Attorney John Davis believes in knowing your case better than the Judge, The Prosecutors, and even you the client. Aggressive preparation and a reputation in the courts as a fighter can make all the difference. While some lawyers like to sit back till your court day arrives, Vancouver Criminal Defense lawyer John Davis believes going on the offensive can prevent charges from being filed in the first place.

From the date you are arrested up until the date of your first court date, the wheels of the justice system start to turn. The arresting agency completes their investigation and then meets with the local prosecutors to discuss a filing of criminal charges. It is at this vital juncture that key decisions are being made as to what charges to file or whether to file charges at all.

We believe that this “pre-filing” period is an opportunity to let the prosecutors know that there is more to this story than what the officer wrote in his arrest report. If we can provide facts or witnesses that can make the filing prosecutor rethink bringing charges, we can prevent a long drawn out battle in court and end this nightmare right away.

Domestic violence

In recent years we have seen a marked increase in domestic violence related arrests.  These arrests usually arise out of a simple dispute between husband and wife, domestic partners or boyfriend/girlfriend.  These incidents are often blown way out of proportion by police called out to help.  Unfortunately, most people discover that the police are not there to help at all and typically feel compelled to take one of the persons in to custody at which time bail is set and the individual languishes in jail pending an appearance before an unsympathetic Judge.

If you or someone you know has been arrested for a crime involving domestic violence ) it is important to get the help of an experienced criminal defense Lawyer as quickly as possible as these types of charges may affect your right to possess firearms, or be used by the court to restrict your child custody rights in family court. (RCW 26.09.191).

Domestic Violence Charges can be as simple as a misdemeanor or as serious as a felony. Washington Law treats those arrested for this type of crime very differently than if the person were involved in an incident with a stranger or someone they are not related to or involved in a relationship. The bail on these types of cases is intentionally higher and other conditions such as no contact orders are often imposed even before the case gets to Court.

The police will usually "take sides" when responding to a domestic violence call and soon become biased based upon their own beliefs and life experiences. It is not uncommon for a law enforcement officer to automatically presume that the male involved a fight was the aggressor and therefore is often the only person arrested and taken to jail. In these situations, the police report will many times be fraught with one sided, exaggerated information which will be viewed by the Prosecutor.

A Lawyer experienced with Domestic Violence Charges can cut thru the bull and work towards getting the criminal charges dropped or reduced.

DUI

This DUI page was designed to give you the DUI information and resources to understand DUI charges and potential DUI consequences. When you are arrested for DUI you need to choose a qualified Vancouver DUI lawyer quickly. A competent and skilled Vancouver DUI Attorney will be able to evaluate your situation and set an effective strategy to get you the best result possible.

1. How can a DUI attorney help defend me if I have been arrested and charged with DUI?

Potential defenses in any given DUI case are virtually limitless due to the complexities of the offense. The following are some of the more fruitful areas of attack for an Attorney experienced in DUI cases:

• Probable cause. Evidence will be suppressed (made inadmissible in Court) if the officer did not have legal cause to (a) stop, (b) detain, and (c) arrest. Stops due to "made up" reasons, inexperienced officers, officers following clients from bars, etc., present good issues for the DUI attorney to use to potentially get your case thrown out. This area of DUI defense creates significant advantages in that should the stop, for example, be shown to be unlawful all the evidence acquired after the stop, (the field sobriety tests, observations of intoxication, the breath or blood test, etc.) would be inadmissible in Court. In many cases our office has been successful in getting cases dismissed completely by showing the officer did not have probable cause to stop our clients in the first place.
• Driving. Proof of Intoxication is not enough, the District Attorney must also prove that the defendant was driving at the time he was impaired or when his/her blood alcohol level was above the legal limit (which in Washington is .08%). This may be difficult if, as in the case of some accidents, there are no witnesses to him/her being the driver of the vehicle. In addition, even if driving can be shown, a variety of defenses relating to the time of drinking can come in to play to defeat the DUI. Accident cases, particularly those involving a solo vehicle, can often be defended on the grounds of lack of specific evidence to establish the time of driving.  
• Miranda. Incriminating statements may be suppressed if warnings were not given at the appropriate time.
• Implied consent warnings. If the officer did not advise you of the consequences of refusing to take a breath or blood test, or gave it incorrectly, in Washington this may invalidate a DMV license suspension based upon a refusal to provide a breath/blood sample. This area of DUI defense has been used by our office many times to "throw out" the refusal charge.
• "Under the influence". The officer's observations and opinions as to intoxication can be questioned -- the circumstances under which the field sobriety tests were given, for example, or the subjective (and predisposed) nature of what the officer considers as "failing". We have been successful in many cases by showing our clients do not meet the legal definition of being "under the influence". This is often done through the use of experts, the cop's own training manual, witnesses to testify that you appeared to be sober, etc..
• Blood-alcohol concentration. There exists a wide range of potential problems with blood and breath testing. "Non-specific" analysis, for example: most breath machines will register many chemical compounds found on the human breath as alcohol.  These and other defects in analysis can be brought out in cross-examination of the state's expert witness, and/or the defense can hire its own forensic chemist.
• Testing during the absorptive phase. The blood or breath test will be unreliable if done while you are still actively absorbing alcohol (it takes 30 minutes to three hours to complete absorption; this can be delayed if food is present in the stomach). Thus, drinking "one for the road" can cause inaccurate test results.
• Regulation of blood-alcohol testing. The prosecution must prove that the blood, or breath test complied with state requirements as to calibration, maintenance, etc. 
• License suspension hearings. A number of issues can be raised in the context of an administrative hearing before the state's department of licensing.

Convictions for major traffic violations, such as Driving While Intoxicated (DUI), Driving While Suspended (DWS – DWLS), Hit and Run, Reckless Driving, and Negligent Driving can result in mandatory jail and cost you thousands of dollars in fines and assessments. Taking or refusing a Breath Test or a Blood Test can result in driver’s license suspensions and SR-22 filings which may raise your insurance premiums. Mandatory Ignition Interlock devices and Electronic Home Confinement/House Arrest are now the norm.

At John L. Davis our defense attorneys aggressively defend against charges of DUI and traffic violations, and challenge breath test and blood test results in court and at the Department of Licensing (DOL). Our attorneys are experienced in dealing with numerous methods of breath testing and blood testing, and can challenge police accusations and the reasons for traffic stops. Charges that occur in your personal car can mean loss of your commercial driver’s license, so your job and livelihood could be at risk. You could be required to have an Alcohol Evaluation and take alcohol classes or alcohol and/or drug treatment. John L. Davis can steer you through these processes, and avoid unnecessary or excessive classes, treatment, home confinement or jail.

Vancouver Washington Attorneys At Law