Consultations

Effective defense work begins long before trial. It begins with discovery, constitutional analysis, issue-spotting, and the development of a defense theory rooted in both fact and law. Many attorneys and clients seek Mr. Merchant's consultation services for exactly this reason: he identifies what others miss, reframes the case from the ground up, and uncovers strategic, constitutional, and narrative opportunities that transform the defense.

A consultation with Mr. Merchant is not a cursory review—it is a structural analysis of the case. Whether retained by individuals, families, or fellow defense attorneys, he provides a comprehensive evaluation focused on discovery, procedural issues, constitutional defenses, trial strategy, and the creation of persuasive, often unconventional theories of innocence.

A Unique Approach: Creativity Applied to Strategy

The hallmark of Mr. Merchant's consultation work is creativity with discipline. Every case contains a story—a human context, a sequence, an explanation—that supports innocence or creates reasonable doubt. Yet in the rush of deadlines, volume, and assumptions, that story is often overlooked.

Where many attorneys see "overwhelming evidence," Mr. Merchant sees untold narratives, unexplored angles, and unquestioned assumptions. His consultations emphasize that a defense theory does not need to be obvious or popular. In many cases, the most powerful theories are those that run counter to conventional expectations. When others see no path to trial, Mr. Merchant often finds one.

Clients and attorneys frequently describe his consultations as transformative because they shift the lens through which the case is understood. With creativity grounded in legal precision, he constructs theories that make sense to juries, challenge the State's framework, and reveal overlooked truths in the evidence.

Comprehensive Discovery Review

Every consultation begins with a detailed review of discovery. But it is not enough to simply read the police reports and witness statements. Mr. Merchant analyzes discovery by looking for:

• Unexamined inconsistencies
• Gaps in police investigation
• Missing forensic steps
• Areas where assumptions replaced evidence
• Statement contradictions and timeline conflicts
• Impeachment opportunities
• Evidence that should exist but does not
• Witness behaviors that signal reliability problems

He frequently identifies issues that others miss—problems that change the direction of the case or open the door to powerful motions practice.

Identifying Procedural and Constitutional Defects

Many defense attorneys recognize obvious constitutional violations. Far fewer recognize subtle constitutional defects that require deeper analysis or understanding of Washington's unique constitutional protections.

During consultations, Mr. Merchant evaluates:

Fourth Amendment and Article I, Section 7 Issues

• Unlawful Searches
• Defective Warrants
• Pretextual Stops
• Arrests Unsupported by Probable Cause
• Digital Privacy Violations

Fifth Amendment and State Constitutional Protections

• Miranda Violations
• Interpreter Issues
• Coercive Interrogation Tactics
• Juvenile Protections
• Failing to Warn Unadvised Jail Calls

Sixth Amendment And Article I, Section 22 Confrontation Rights

• Attempts To Use 911 Calls Instead Of Live Testimony
• Attempts To Introduce Forensic Nurse Statements Without Cross-Exam Opportunity

Due Process Violations

• Prosecutorial Overreach
• Delay And Speedy-Trial Violations
• Strict-Liability Firearm Charges
• Unfair Charging Enhancements

These constitutional issues are essential not only for motions but for theory development. A constitutional problem often provides the foundation for a narrative flaw in the State's case—a weakness that can be transformed into reasonable doubt.

Building a Defense Theory From the Ground Up

The most valuable aspect of Mr. Merchant's consultation work is his ability to conceptualize a defense theory where others cannot. When attorneys hire him to review a case, they are often seeking more than a list of issues—they want a story, a direction, a strategy.

Mr. Merchant's consultations go far beyond technical motions practice. He helps the defense team answer the critical questions:

• What is the narrative that supports innocence?
• What is the alternative explanation the State has ignored?
• What human elements—relationships, emotions, context—matter?
• What is the jury going to care about?
• How does the defense theory harmonize with the evidence?

He is known for constructing theories that other attorneys never consider—sometimes because the theory is unconventional, sometimes because it is counterintuitive, and sometimes because it requires seeing the human story beneath the allegations.

Strategic Briefing and Motion Preparation

Consultations often include preparation or assistance with:

• Motions to suppress
• Motions in limine
• Confrontation clause motions
• Dismissal motions
• Jury instruction proposals
• Trial briefs
• Narrative-focused motions connecting law and defense theory

Mr. Merchant approaches briefing with the same creativity he applies to trial work. A motion is not just a legal argument—it is an opportunity to frame the case, expose investigative flaws, and educate the court about the defense perspective.

Preparing the Case for Trial

For attorneys planning to take the case to trial, a consultation with Mr. Merchant often becomes a blueprint for:

• jury selection strategy
• cross-examination approaches
• impeachment themes
• confrontation clause planning
• defense narrative sequencing
• opening and closing structure
• handling problematic witnesses
• exposing investigative shortcuts

His guidance helps the defense team build a cohesive trial plan anchored in a compelling, credible theory of innocence.

A Consultation That Changes the Case

Whether reviewing discovery, identifying constitutional issues, drafting motions, or developing trial strategy, Mr. Merchant's consultation services are designed to deliver one outcome: a complete reframing of the defense approach.

The clients and attorneys who seek his consultation do so because they want more than feedback—they want insight, strategy, creativity, and direction from a lawyer who sees what others overlook and who can articulate a theory of innocence even in the most challenging cases.