The Value of a Criminal Defence Investigator

The Value of a Criminal Defence Investigator

A fantastic piece by Wes McCarroll as to why Criminal Defence Investigators are so important in the modern era of the Judicial System.

Wes McCarroll

Wes McCarroll Investigations LLC

One of the most important elements of successful criminal defence work is having an experienced legal investigator on your defence team as soon as possible. Not all criminal cases require the services of a professional defence investigator. Every defendant deserves a fair trial and to have a complete and thorough defence presented on his or her behalf. However, in the cases that do, the defence investigator is a vital member of the defence team. Once the client is suspected or investigated (Pre-file stage), arrested or charged with a crime, an experienced Criminal Defence Investigator should be developing intelligence and securing potential witnesses and/or evidence before too much time has passed.

A professional defence investigator is a valuable asset to assist the defence attorney to start re-investigating the case to insure that the case is being investigated legally by law enforcement. This is a very tedious and time consuming task that should be performed by a professional defence investigator. An experienced defence investigator will have the knowledge to investigate the law enforcement’s case and uncover any deviations, oversights or evidence left out that will benefit the client.

Far too often the investigating officer will draw a conclusion and form their opinion before the case is investigated. Police identify a suspect and then seek to build a prosecutable case against that individual. In doing this, they sometimes slant information or cast information in the light most harmful to the defendant, ignoring other possible suspects. A criminal defence investigator will review the police investigation and re-interview witnesses to find changes in their stories and to develop new and independent leads. A criminal defence investigator’s role is to find witnesses and evidence that will establish reasonable doubt that will show the jury that there is reason to believe that the defendant is not responsible for committing the crime.

The Defence Investigator must talk to all witnesses; analyse all the evidence (including physical, video, audio, photographic, etc.) that is compiled by the prosecution. It is the defence investigators responsibility to locate these witnesses, retrieve accurate statements and identify information to contradict the case that law enforcement is building as well as changes in witness’ stories from their original statement. This means that the investigator must be knowledgeable about the case and skilled in interviewing techniques including utilizing cognitive, kinesic and other interviewing methodologies.

A professional defence investigator will have the knowledge to review evidence and reports and determine whether or not what the prosecution claims are consistent, accurate and truthful. It is not uncommon for a skilled investigator to uncover inconsistencies or unusual information in reports that will give rise to avenues of investigation favourable to the defence.

The most important part of any criminal case is the Pre-file stage. Defence Investigators know the importance of defending a criminal complaint, therefore defence investigators will take the necessary steps to defend a criminal complaint before charges are filed and the case goes to court. A criminal defence investigator can provide crucial services during this time in order to prevent filing, reduce charges, divert allegations and ease clients concerns about the case. The main objective of criminal defence investigation is to break down prosecution witnesses by utilizing vigorous cross-examination techniques. This can help reduce and eliminate their credibility and the weight given to their testimony.

Ever wonder if your discovery file is complete? Ever wonder what law enforcement may have missed or not included in their reports? Not sure what a witness really saw? Let us help you find out. We work with you to find all of the evidence available and determine a strategy for using that evidence to support your theory of the case. Here are just a few of the services we provide in criminal defense cases:

  • Exhaustive Discovery Review
  • Missing Discovery List
  • Witness Locates
  • Witness Interviews
  • Sworn Statements
  • Preparation and Service of Subpoenas
  • Crime Scene Analysis
  • Crime Scene Photo and Video Documentation

At Wes McCarroll Investigations LLC, our investigators have the experience and knowledge to handle your investigation with the professionalism you expect and to deliver the results you need. Our staff is uniquely qualified and trained to help you successfully represent your client and to be fully prepared for trial. Let our dedicated criminal defence team get started on your case today. Once your client is suspected, arrested or charged with a crime, the government utilizes unlimited investigative resources to pursue and prosecute your client.

Our investigators have investigated many state and federal cases. Whether you are taking a private or appointed case, we are with you every step of the way, from intake through trial. We understand the process and the unique issues that attorneys face in criminal defence cases, and we are here to help. We also understand the expense involved in representing criminal defendants. We work within your budget to provide the most efficient and cost-effective investigation possible and comply with Office of Indigent Defence requirements in appointed cases. We can be appointed at no cost to client for CJA and JAC cases.

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