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Criminal Defense Investigations

What Does A Criminal Defense Investigator Do?

November 12, 2020 by J Henderson Leave a Comment

The job of law enforcement and the prosecution team is to recognize when a crime has been committed and to use the available evidence to identify and charge whoever committed the crime in question. Most people assume the cops find all the evidence of a crime and properly interpret the evidence to locate a suspect. But what happens if law enforcement misses something and arrests the wrong person? Who is available to offer a different perspective of the available evidence? What about locating evidence that was missed, ignored, or outright suppressed? If your defense attorney only relies on the evidence provided by the prosecution, you could be leaving a lot to be discovered that could prove your innocence. A criminal defense investigator is one of the most valuable components of a proper defense team.What does a criminal defense investigator do?

What Does A Criminal Defense Investigator Do?

Just like the prosecution has law enforcement investigators and detectives working to reach a criminal conviction, a criminal defense investigator works for the defense team to help build a solid legal defense. Of course, the ultimate goal is to get a “not guilty” verdict, but really a criminal defense investigator is working to uncover the truth.

Most people assume that law enforcement is also in search of the truth. In reality many times law enforcement is simply in search of facts that will prove their theory of the crime. Bias, ego, and outright misconduct can lead to an innocent person being made to look guilty by tailoring the facts to support the criminal charges. A criminal defense investigator can cut through the bias and find the evidence needed to show other theories of what occurred or who is the actual guilty party.

Role of the Criminal Defense Investigator

In nearly every state in the US, private investigators must be licensed to conduct investigations. Licensing ensures a degree of professionalism and training and also allows certain legal protections for the investigator. An unlicensed person conducting private investigations can be faced with severe criminal charges and civil penalties.

Private investigators can work for defense attorneys and gather evidence to assist with legal defense of persons charged with a crime. Under these circumstances, a PI usually works directly for the defense attorney, protecting all of their work product by attorney-client privilege. In rare cases, a PI might work for a defendant or a defendant’s family when other legal defense options have been exhausted.

Criminal defense investigators interview witnesses, review crime scenes and police reports, examine evidence, and generally look for anything that law enforcement may have ignored or overlooked during the course of their investigation. A criminal defense investigator can also become a witness for the defense and give courtroom testimony of what actions they took during their investigation. When the prosecutor has a list of law enforcement personnel to take the stand, it can often play well for the jury when the defense also has their own investigators to provide courtroom testimony.

What does a criminal defense investigator do?

Defendant and Witness Interviews

A criminal defendant will likely be be mistrusting of an investigator in the beginning. Especially considering every other interaction he or she may have had with an investigator would have been involving some sort of law enforcement entity. An experienced criminal defense investigator will recognize the importance easing the defendant’s anxieties and establishing rapport from the very beginning of the interview process. A defendant will usually open up and be completely honest about the facts of the case when the defendant understands that any conversation with the investigator will be confidential and protected by attorney-client privilege.

Similarly, witness interviews can provide a wealth of valuable information for the defense case. By approaching witnesses in a friendly and professional manner, a private investigator can often uncover new information about the case such as other witnesses that were not identified by law enforcement, circumstances at a crime scene that the were not discovered during the initial investigation, or quite possibly a witness may give a different account of what was seen compared to what law enforcement documented in the police report.

Background Investigations

A defense investigator will also conduct background checks to find anything that may discredit or otherwise contradict the testimony of the witnesses and alleged victim. Useful items from a background investigation may include criminal history, employment and education records, character and reputation in the community, or known associates and family members that could call into question a witness’s trustworthiness. Any negative information that could potentially show a witness to be unreliable or a victim to be less than honest could be valuable information for the defense during a criminal trial.

Report Writing

After conducting interviews, everything a criminal defense investigator has learned must be documented in a professional report and communicated to the defense attorney. Important elements of the completed report will include:

  • Narrative of the witness and defendant interviews
  • Audio and transcripts of the witness and defendant interviews
  • Photographs, videos, and sketches of the crime scene
  • Surveillance video and photographs
  • Background reports for witnesses and alleged victims
  • Narrative regarding review police reports and evidence
  • Documentation of any newly discovered physical evidence, including complete chain of custody
  • Narrative and timeline of all actions taken by the criminal defense investigator

Private investigators must be resourceful and creative to get the information they need to satisfy their clients. Criminal defense investigators must be particularly diligent in their work because a so much is at stake during a criminal trial. If mistakes are made, an innocent person could be headed for a long prison sentence and a guilty person could be free to cause more harm to the public. Equally important, victims of crime deserve justice, and the defense team is part of identifying the truth, even if that means their client is actually guilty of the allegations. An unbiased, professional investigator whose goal is to serve the truth will always be the best person to hire for an effective criminal defense.

H7 Investigative Services conducts private investigations in Santa Clarita, Antelope Valley, and throughout the greater Los Angeles area.

If you want to find out how our agency can help with your case, click through to our consultation request page or call us at (661)454-7513.

Filed Under: Criminal Defense Investigations Tagged With: criminal defense, defense attorney, defense client, interviews, investigations, legal

Using a Private Investigator for a Criminal Case

October 9, 2020 by J Henderson Leave a Comment

Private investigators are commonly associated with cases such as insurance fraud, infidelity and child custody, missing persons, and various types of background checks. While these are all very important functions for private investigators, criminal defense investigations is an area in which a private investigator can prove to be an invaluable asset. Using a private investigator for a criminal case can not only lead to freeing an innocent person, but in many cases can also play a crucial role in leading law enforcement to the actual criminal offender.

Private Investigator for a Criminal Case

Using a Private Investigator for a Criminal Case

Any successful defense attorney will tell you that using a private investigator for a criminal case is one of the most important ways to build an effective defense. Private investigators who focus on criminal defense are well versed in criminal law. They can properly interpret police reports, civil rights issues, and rules of evidence to get a clear understanding of the case and develop proper investigative strategies. A private investigator can also revisit the crime scene and attempt to recreate what was reported by law enforcement. Witnesses can also be re-interviewed to check for inconsistencies and to identify any witnesses who were not previously identified.

An Asset to Defense Attorneys

Using a private investigator for a criminal case might not always be necessary for minor offenses, but for major crimes a PI can be an invaluable asset for a defense attorney. Just like the prosecution has law enforcement investigators to build a case for a guilty verdict, the defense can use private investigators to gather the facts to prove their client is not guilty. A private investigator can review the prosecution’s case for any inconsistencies, re-interview witnesses, and uncover new facts and witnesses to assist the defense. Considering that private investigators charge much lower hourly rates than attorneys, using a private investigator for a criminal case is much more cost effective to the client than paying an attorney to do all the field work. The private investigator can do all the grunt work of gathering facts and data while the attorney can focus organizing the information into a proper defense.

Private Investigator for Criminal Defense

Can Overcome Biases of Law Enforcement Investigators

Every law enforcement officer is a human being first. Like any person, law enforcement can sometimes allow personal biases to cloud their own judgement. With the aim of identifying suspects and getting cases prosecuted, they can sometimes interpret the facts to show their theory of the crime to be what actually occurred. This can result in a person being charged with a crime more serious than what was committed, or worse, a completely innocent person can be charged and convicted of a crime they did not commit. Using a private investigator for a criminal case can help to cut through the intentional or unintentional biases of law enforcement, providing a fresh perspective on information collected to create the state’s criminal case.

Can Assist with Cold Cases

In general, law enforcement has an endless stream of incoming criminal cases, from minor misdemeanors to capital murders. When a criminal suspect is not quickly identified, cases can often go unsolved as law enforcement investigators have seemingly exhausted their leads and must focus their attention on new cases. A private investigator can devote more time and focus on a case that has seemingly gone cold or can no longer receive the full focus of law enforcement. Not only can private investigators dedicate their full focus on a single case, but they also have the advantage of not being limited by jurisdictional boundaries. Many private investigators are also former law enforcement, with contacts in the LE world and knowledge of LE techniques and practices.

H7 Investigative Services conducts private investigations in Santa Clarita, Antelope Valley, and throughout the greater Los Angeles area.

If you want to find out how our agency can help with your case, click through to our consultation request page or call us at (661)454-7513.

Filed Under: Criminal Defense Investigations Tagged With: criminal defense, defense attorney, defense client, hire a pi, investigations, private investigator, professional

The Role of the Criminal Defense Investigator

October 2, 2020 by J Henderson Leave a Comment

Criminal Defense Investigation

Law enforcement investigators assist the prosecution by uncovering the facts needed to present a criminal case. Criminal defense investigators are private investigators who work for defense attorneys. A defense attorney is your advocate in the courtroom. The role of the criminal defense investigator is to uncover the facts your attorney needs for a thorough defense. A defense investigator can review the prosecution’s evidence, re-interview witnesses to the case, and uncover new witnesses and facts that can show a defendant to be innocent of the criminal charges. A criminal defense investigator is a vitally important ally for any person charged with a serious crime in a California Criminal Case.

What is the Role of the Criminal Defense Investigator?

In a criminal case, there’s the prosecution’s version and then there is the truth. When fighting criminal charges, the role of the criminal defense investigator is to uncover evidence that shows “the other side of the story.” Initially, the only evidence presented to the court is evidence submitted by the prosecution.

A criminal defense investigator can collect evidence that the prosecution team either missed or may not have been included in the prosecution’s case. A criminal defense investigator can also discover new evidence that was not apparent to the state’s investigators during the original investigation.

Inconsistencies in the prosecution’s case becomes important evidence for the defense team. A defense investigator can also testify in court as to the actions they took throughout their investigation, just like law enforcement investigators. In many cases, new evidence discovered by a private investigator can make the difference in getting charges dismissed or reduced or can help gain an acquittal in court.

Criminal Defense Investigator

Activities Conducted by Criminal Defense Investigators

  • Review police reports and law enforcement investigations
  • Validate law enforcement procedures
  • Listen to 911 audio recordings
  • Examine video and photographs
  • Identify and interview new witnesses
  • Run background checks on prosecution witnesses
  • Revisit the crime scene

Many times, defendants don’t have the means to pay for a private investigator or they simply do not know that they can hire a private investigator to find new evidence on their behalf. A private investigator may seem like an expensive additional cost during a criminal defense. In the long run, however, a defendant will save significant time and money by building a solid defense case. Imagine the difference between presenting critical evidence during the initial trial or trying to present the same evidence in an appeals case years later after a conviction. The odds are in the defendant’s favor when a criminal defense investigator begins working on the case as soon as possible.

Advantages of Hiring a Private Investigator for Criminal Defense

Private investigators whose focus is criminal defense are an invaluable asset to any criminal defense attorney. Using their knowledge of criminal law, a good defense investigator can analyze a case and take the time to focus on the details of the case. They can help to build a successful defense by providing unique perspectives on the case facts and can develop alternate theories of the crime.

An attorney is trained in conducting research, organizing the facts, and presenting logical arguments in court. While most are excellent at their job, a criminal defense investigator is trained to go out into the field, interview witnesses, and follow investigative leads. Think of how an investigation works on the prosecution’s side. Law enforcement investigators collect all the information needed to present the prosecutor’s case in court. Similarly, a defense investigator will collect all the evidence needed for a defense attorney to show their client is innocent of the charges.

Attorney’s also charge much more per hour than private investigators. It more cost efficient for the client to have an attorney building the defense case and to have an investigator chasing down witnesses and leads. Many defense investigators are also themselves former law enforcement, with extensive training and contacts in the law enforcement community.

One of the most important roles of the criminal defense investigator is to be a witness on behalf of the defense. The defense investigator can be called to testify as to all the findings of his or her investigation – witness interviews, newfound evidence, problems identified with the prosecution’s case. It would be highly impractical for the defense attorney to take the stand as a witness and undergo cross examination by the prosecution. While the prosecutor can call law enforcement investigators to tell why the think a defendant is guilty, the criminal defense investigator can be called to testify about the evidenced to show the defendant is not guilty. This can be a powerful way for the defense to counter the prosecutor’s arguments.

H7 Investigative Services conducts private investigations in Santa Clarita, Antelope Valley, and throughout the greater Los Angeles area.

If you want to find out how our agency can help with your case, click through to our consultation request page or call us at (661)454-7513.

Criminal Defense

Filed Under: Criminal Defense Investigations Tagged With: criminal defense, defense attorney, defense client, investigations, private investigator

When to Hire a Private Investigator for Criminal Defense

September 15, 2020 by J Henderson Leave a Comment

When you’ve been wrongly accused of a criminal offense, it can feel as if the weight of the whole world is against you. The prosecutor has a very large toolbox from which to pull resources. Law enforcement, witness testimony, evidence collected by law enforcement, and the legal team backing the prosecution all work together to reach a guilty verdict. You’ll need more than just a defense attorney to win your case. A private investigator for criminal defense can be instrumental in uncovering new evidence to prove your innocence.

Private Investigator for Criminal Defense

When is the Best Time to Hire a Private Investigator for Criminal Defense?

The short answer is immediately. A private investigator should be hired as soon as possible to help with any criminal defense. An investigator can be much more effective when a case is still fresh. Witnesses’ memories are still fresh, evidence has only recently been placed in storage, and in many cases new evidence can be found at crime scenes that was overlooked by law enforcement.

But even if a case is in the post-conviction stage, a private investigator can still help with an appeal. Just as with a pre-conviction criminal trial, a private investigator can help with in the appeals process by reviewing the entire state’s case including witness statements, law enforcement reports, and all the discovery items presented by the prosecution. The best way a private investigator can help with an appeal is to discover new evidence to show who actually committed the crime. In most cases, showing the actual guilty party is more effective than simply showing the convicted person is innocent of the crime.

Private Investigator for Criminal Defense

Justice for Victims

Justice is supposed to be blind, and the law is supposed to show that an accused person is innocent until proven guilty. But human nature works a bit different. Many jurors, whether they admit it or not, believe a defendant to be guilty simply because they’ve been charged with a crime. The rationale is “well they must have done it, otherwise there would be no reason to charge them.”

Ask anyone who has worked in a jury pool and you’ll find that most people assume the accused to be guilty. Guilt beyond a reasonable doubt is supposed to be the standard for the state to secure a guilty verdict. Too often a wrongly accused person is forced to prove their innocence, which can be difficult considering all the resources at the state’s disposal.

Arresting criminal offenders and preventing crime are both primary goals of the criminal justice system. This is the only way to find justice for victims and their families. When an innocent person is convicted of a crime, there is no justice for the victims and certainly no justice for the wrongly convicted defendant. What’s more, the actual offender is likely out committing other crimes and creating new victims.

A private investigator is an essential component of any adequate criminal defense team. The sooner an investigator is brought in to help, the greater impact the investigator will have in building an effective criminal defense.

H7 Investigative Services conducts private investigations in Santa Clarita, Antelope Valley, and throughout the greater Los Angeles area.

If you want to find out how our agency can help with your case, click through to our consultation request page or call us at (661)454-7513.

Private Investigator for Criminal Defense

Filed Under: Criminal Defense Investigations Tagged With: criminal defense, defense attorney, defense client, legal, professional

Why Do Lawyers Hire Private Investigators?

August 24, 2020 by J Henderson Leave a Comment

It takes years of training to develop the research and litigation skill to become an attorney. Even the best attorneys may sometimes find themselves without the time or resources to find the information they need to win in the courtroom. For this reason, many lawyers hire private investigators to help with criminal defense cases and in civil litigation.  For a fraction of what a law firm might pay a new associate, a law firm can hire a private investigator to conduct much of the legal legwork.

Lawyers Hire Private Investigators

 

Criminal Defense

One of the most important reasons lawyers hire private investigators is to assist with criminal defense. While lawyers are excellent at building a court case, most lawyers don’t have the time or expertise to conduct a field investigation. A good defense investigator is skilled at analyzing data, applying statutory law and case law, and will understand the rules of preserving evidence.

A private investigator can also locate evidence that may have been overlooked or outright withheld by the prosecutor’s side.

How can there be other evidence? Don’t the police collect everything?

In a criminal case, many people mistakenly believe the prosecution will collect and present all the available evidence. In reality, law enforcement and the prosecution will collect only what evidence is necessary to secure a conviction.

By law, the prosecutor must share with the defense attorney all the evidence collected for the case. Sometimes law enforcement will recognize only evidence that confirms their theory of the crime. Anything not relevant to the goal of convicting the accused will either be ignored or simply left uncollected.

How can a defense attorney build an adequate defense when they use only the evidence gathered by law enforcement? The answer is they can’t.

A private investigator working as part of the criminal defense team can find new witnesses, find inconsistencies in the accounts of reported witnesses, and can point out discrepancies in the law enforcement reports. A PI can also re-examine a given crime scene to get a different perspective from what was reported by law enforcement.

Lawyers Hire Private Investigators

Some other reasons lawyers hire private investigators may include:

Locating Witnesses

Known witnesses can sometimes be hard to find because they have moved, changed cell phone providers, or are simply not responding to phone calls. Previously unknown witnesses might be revealed by conducting thorough and effective interviews of the known witnesses. A private investigator can do skip tracing to locate hard to find witnesses and can interview new witnesses who are revealed through the course of an investigation.

Obtaining Video or Photo Evidence

Surveillance is one of the “bread and butter” activities of any private investigator. Video surveillance is often very instrumental in child custody and infidelity cases, insurance fraud, and employee theft or workers compensation. Video and photographs are compelling evidence that can both be nearly impossible to refute. Private investigators have the skill and patience to capture relevant video and photo evidence, all while remaining undetected.

Finding Hidden Assets

Unfortunately, marriages and business partnerships sometimes end in bitter disputes. In either situation, one party might attempt to gain advantage by hiding assets. One party may sell assets for ridiculously low prices or put other family members on the titles of various assets, all to prevent the other party from winning a large judgement. A private investigator can help to locate missing or undeclared property, hidden financial accounts, and track the movement of property from one supposed owner to another. Locating these assets can greatly affect the final ruling in a civil case.

Background Checks

Lawyers hire private investigators to conduct background checks on potential clients, witnesses, and the opposition in civil and criminal cases. A background check may delve into criminal records, employment history, civil records, personal references and education records. Contrary to popular belief, attorneys will not simply work for any person that comes through their door. A lawyer will want to know if they can really help the potential client and if the lawyer’s time is worthwhile investment for the client. A thorough background check can reveal valuable information to negotiate a quick settlement or information that is critical to win a given case. PI’s use private databases that are only available to the licensed investigators.  PI’s can also use open source data such as social media and public records searches to dig into a person’s background.

A private investigator should be a valued member of any legal team. Because of their specialized analytical and investigative skills, private investigators can help a lawyer more quickly and effectively build their client’s case.

H7 Investigative Services conducts private investigations in Santa Clarita, Antelope Valley, and throughout the greater Los Angeles area.

If you want to find out how our agency can help with your criminal defense case, click through to our consultation request page or call us at (661)454-7513.

Criminal Defense Investigation

Filed Under: Criminal Defense Investigations Tagged With: criminal defense, defense attorney, defense client, investigations, legal, professional

Do Defense Attorneys Hire Private Investigators?

August 18, 2020 by J Henderson Leave a Comment

The job of a defense attorney, also known as a criminal defense lawyer, is to represent their client against accusations of criminal misconduct. A defense attorney is paid to win the best possible outcome for their client. Defense attorneys are excellent at analyzing criminal cases, including all evidence turned over by the prosecution. But sometimes an attorney may not have the time, resources, or expertise to complete a more in-depth investigation. Defense attorneys hire private investigators to uncover new evidence or provide expertise that will help to exonerate the accused.

Defense Attorneys Hire Private Investigators

Do Defense Attorneys Hire Private Investigators?

A defense attorney is obligated to work just as diligently in building a criminal defense for their client as the prosecution team is at putting together the case against the accused. In most cases, a thorough defense requires more than just the evidence provided by the state. After all, the state’s evidence is what will be used to prove guilt beyond a reasonable doubt. A defense team often will require outside assistance from a private investigator who can help to find new witnesses and evidence to uncover reasonable doubt.

How Does a Private Investigator Help a Defense Attorney?

A private investigator can review all the discovery items from the prosecution for any inconsistencies or unanswered questions in police reports, collected evidence, photographs and videos, and recorded statements. A private investigator can go to the actual crime scene and recreate what was described by law enforcement, often uncovering new facts and details.

While an attorney reviews their client’s case, researches case law, and prepares their client for court, a private investigator can interview witnesses the police have overlooked and uncover new evidence to help exonerate the accused. Private investigators are skilled at locating hard to find people, such as witnesses who have moved or are otherwise unable to be located.

Defense Attorneys Hire Private Investigators

The Police Have Already Collected All the Evidence, Right?

Not everything that occurred involving a criminal accusation may have been recorded in the law enforcement report. Law enforcement officers are human beings with natural biases, just like anyone else. While training and experience can limit the effects, bias can sometimes creep into a law enforcement investigation. The police will often only collect evidence that shows their suspect to be guilty and ignore evidence that may contradict their theory of the crime.

To make an arrest, law enforcement only needs to prove probable cause that a crime was committed and the person to be arrested committed the offense. In many cases, once the threshold of probable cause has been reached, law enforcement will not investigate further. Information that runs contrary to what law enforcement investigators believe to be true may sometimes be outright ignored. This leaves a huge opportunity for a private investigator to uncover information that was overlooked by the police.

By law, the prosecutor is required to share with the defense all evidence and materials collected by the police. But a defense attorney can only work with whatever evidence was given over by the prosecution. A skilled private investigator can review a case and discover clues as to what evidence is missing and likely to be discovered. Even witnesses who were interviewed by the police can be re-interviewed to develop new leads.

The prosecution team is in the business of winning convictions, not necessarily a search for the truth. The most skilled defense attorney cannot win a case for their client without evidence to demonstrate reasonable doubt. This is why a private investigator is a critical component of a winning criminal defense team.

H7 Investigative Services conducts private investigations in Santa Clarita, Antelope Valley, and throughout the greater Los Angeles area.

If you want to find out how our agency can help with your criminal defense case, click through to our consultation request page or call us at (661)454-7513.

Filed Under: Criminal Defense Investigations Tagged With: criminal defense, defense attorney, defense client, investigations, legal

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