Criminal & Civil Investigations

In addition to using court discovery procedures to obtain evidence from the prosecution, defense attorneys have a duty to investigate their clients’ cases. Effective lawyers will gather evidence of their own in preparation for trial and even to see whether the client has a reasonable chance of winning at trial.

Defense investigation methods can be as informal as talking to potential witnesses on the telephone or as formal as serving a cellphone company with a subpoena demanding call logs. One method that’s often effective is in-person interviews of those who know about either the events underlying the charges or the people involved in the case. This includes interviewing even those who might testify for the prosecution.

The defense can gain significant benefits from trying to interview prosecution witnesses rather than relying on their statements. These include the ability to:

· gauge witnesses’ demeanor and credibility

· ferret out details of witnesses’ stories and strategize as to how to handle their testimony at trial

· impeach witnesses who say something on the stand that’s inconsistent with what they told the defense

· establish a foundation for arguing witnesses who refuse to speak to the defense are biased against the defendant, and

· find leads for new evidence and people to interview.

Some defendants might wonder whether it’s worth it to interview a witness who has already given a statement that the prosecution has disclosed. But prosecutors and police officers sometimes omit or misstate information (either intentionally or not). Further, when law enforcement and prosecutors speak to witnesses, they aren’t likely to ask all the questions the answers to which the defense would like to know. And there might not be a record of all conversations witnesses have had with the other side.

It’s perfectly legal for defense attorneys and their investigators to interview prosecution witnesses in most instances. (Among the instances in which it’s not are those involving harassment or threats.) And even though prosecutors might not want their witnesses, including police officers and victims, to talk to the defense, they typically can’t stop them (though they may “inform” them that they don’t need to).

It’s generally up to witnesses and victims to decide whether to talk to the defense before trial. They might not be willing to talk, but a defense attorney or investigator who doesn't ask often doesn't know.

The defense has limited options for trying to interview uncooperative prosecution witnesses before trial. The defense lawyer might hire a private investigator that specializes in finding and interviewing reluctant witnesses. (A defense attorney might be capable of persuading a hesitant witness to talk, but will typically prefer to have someone else try, or at least be present during the conversation—that way the lawyer doesn’t have to testify if the witness says something new or inconsistent at trial.)

Private investigators can drive up the cost of a case, but they’re often worth the money. For those defendants who can’t afford investigators, or even attorneys, the court might in some instances (usually serious cases) appoint a free-of-charge investigator. Public defenders’ offices typically have investigators who work on various clients’ cases, but their workload often limits what they can do.

In some jurisdictions, the defense can serve witnesses with subpoenas that compel them to answer questions at a deposition (an out-of-court session at which the witness may be questioned under oath). Depositions are common in civil cases, but far less frequent in criminal cases: Most jurisdictions don’t allow criminal depositions.

Civil –

Civil investigations help uncover and assemble the information needed for a civil trial. There are many kinds of civil investigations, with some of the more common ones being: 

•Domestic surveillance, which can include nanny cams, caregiver background checks, security surveillance, and many other types of investigations that ensure that you and everyone in your home remain safe.

•Personal injury investigations, which attempt to find out how an injury has occurred.

•Workers compensation investigations, which try to put a stop to insurance fraud.

•Background checks, which try to determine whether those people you trust with your business or personal life really are deserving of the faith you put in them.

•Asset searches, which try to uncover hidden funds and valuables owned by debtors, companies, and individuals.

•Missing person’s investigations.

•Child custody and child abuse investigations, which attempt to uncover possible negligence and mistreatment of minors.

•Marital investigations, which can include everything from partner surveillance to domestic abuse investigations, pre-marital investigations, and cheating spouse investigations. 

Contact us today for a free consultation to discuss your case and learn more about how we can help you.

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