THE ROLE OF A PRIVATE INVESTIGATOR IN CRIMINAL DEFENSE CASES
The role of a Private Investigator in criminal defense cases can be summed up in this analogy.
The Private Investigators are the bullets, the criminal defense attorney is the gun.
Without the information, the private investigator provides (the bullets) the defense attorney cannot effectively render quality representation for this client. He can only pull a trigger on an empty gun.
Years ago, when I worked for the Queens District Attorney's Office I felt that when a police officer arrested someone they were probably guilty. However, after working closely on criminal cases with many defense attorneys, I have a more balanced point of view.
ETHICAL CONSIDERATIONS
The principle of freedom which Americans value so high is demonstrated in this nation's commitme
Criminal Defense Investigators must stand ready to aid in the defense of an accused regardless of public hostility toward the accused, or personal distaste for the offense charged or the character of the defendant.
A Private Investigator should never intentionally misrepresent or mislead pertinent facts to the court.
It is important to remember that a Criminal Defense Investigator has the same attorney - client privilege for protection of the clients confidences that exists between the defense lawyer on the case and their client. This privilege should never be abused.
THE FUNCTION OF A CRIMINAL DEFENSE INVESTIGATOR
The goal of the Criminal Investigator is to work towards getting the defendant acquitted of the charges being brought against him or her by establishing reasonable doubt.
First, a Private Investigator will speak with the attorney to make sure that the specific criminal charges and applicable statutes are clearly understood. The the Private Investigator will scrutinize police reports, photographs, evidence, texts, witnesses, statements, social media, and witnesses statements pertinent to the case looking for inconsistencies from one witness to another.
The Defense Investigator must verify and validate all of the investigating information the police department has submitted to the court. Then the Defense Investigator will talk to all witnesses reviewing and verifying all evidence physical, verbal, video, etc. that will be used by the prosecution looking for holes and gaps.
At this point the Private Investigator will attempt to develop new intelligence, he will canvas the area in question in an effort to locate new witnesses or establish new evidence.
The Criminal Investigator will gather all this information and prepare to testify if the defense attorney deems it beneficial.
CONCLUSION
The Prosecution has it's detectives diligently looking for incriminating evidence in order to convict the accused. A defense team should be just as though as the Prosecution's Investigation.
About the Author: Former Detective for the Queens District Attorney's Office
Current CEO and President of CPI Investigations
http://www.privatedetectiveny.com
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ReplyDeleteEach state is different in releasing pre trial evidence. In the Commonwealth of Virginia they only have to reveal what they are going to use at trial. They can and have in many cases hidden exculpatory evidence causing over turns later. In West Virginia they will allow you to see all the evidence uncovered by the Police. This causes a rapid sequence of events to occur. It leads to a settlement one way or the other. I have noticed over the years since there has been a in flux of the female persuasion as Prosecutors and Judges that they are more difficult to negotiate, and would rather go to the Courthouse and fall on their sword, than negotiate it down. Not that there is anything wrong with the women being involved, nothing has changed, for the good or for worst. I am sure there will be some comments about this.
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