However, what many people don’t know is that a criminal defence investigator can also play a crucial role in building a strong defence. For example, if a defence lawyer can discredit a key witness by pointing out that they have a proven history of dishonesty, it could have been the investigator who discovered that information. Criminal defence investigators also find new evidence that can strengthen the case, conduct surveillance, interview witnesses, and more.
If you hire a defence lawyer, you’ll probably be advised to hire a criminal defence investigator as well – and your lawyer may even be able to recommend someone they trust for the job. For instance, a criminal lawyer could put you in touch with an investigator who’s familiar with the area, has solid experience and skills, and can navigate local cultural norms. The investigator’s work can be instrumental in building a more robust defence, which can help you get the best possible results.
Why defence lawyers and investigators work together
When someone has a criminal charge brought against them, it’s because the prosecution believes that they have enough evidence to secure a conviction. The bulk of this evidence usually comes from the police investigation of the crime, which may or may not be biased against the defendant. In many cases, if the police think that there’s a clear suspect, they’ll focus on collecting only evidence that supports the suspect’s guilt. Contradictory evidence is likely to be excluded since it isn’t helpful for the prosecution’s case.
The question is, what if this contradictory evidence could be used to exonerate the defendant? Also, what if there are extenuating circumstances or another version of events that the prosecution hasn’t considered? It’s the job of the defence lawyer to use these as part of a solid legal defence case, and it’s the job of the investigator to find out every bit of evidence and each witness that could support the defence’s case.
Many criminal defence investigators have years of experience in their vocation; in fact, it’s common for them to have a police force background. They’re skilled in not only finding but also recording and preserving evidence. They know how to conduct surveillance, and they know how to approach witnesses. This being the case, it’s clear how essential criminal defence investigators can be to building a strong case.
What do criminal defence investigators do?
There are plenty of reasons to make a criminal defence investigator part of your defence team; these are the main ones.
● They’re thorough
As mentioned above, many police investigations have an endpoint: when the prosecution feels like they have enough evidence for a conviction. For an investigator, there’s no such endpoint. If there’s evidence to be dug up or routes of inquiry to be explored, they’ll make sure it happens. Their goal is to have enough evidence for the defence lawyer to build an airtight case, and they’ll use every applicable skill to get that evidence.
This works the other way around too – criminal defence investigators also look for evidence that could poke holes in the prosecution’s case. For example, consider a hypothetical case where the defendant is criminally charged for causing injury to the alleged victim. However, the defendant says that they were just protecting themselves, and had no intention of causing harm. The investigator could reveal that the alleged victim has a violent history themselves, and has been involved in similar cases as the aggressor. This type of evidence works not by demonstrating the defendant’s innocence, but by weakening the prosecution’s case.
● They can be an expert witness for the defence
In most cases, the prosecution will be the side that calls the most witnesses. They’ll often have expert witnesses testify, such as law enforcement personnel who are connected with the investigation. Even if the defence doesn’t have a long string of expert witnesses, they can still call on one person who can offer compelling testimony: the criminal defence investigator. This is the person who’s most familiar with any evidence that demonstrates the innocence of the defendant, and their testimony can make a big difference in the outcome of the case.
● They reveal new evidence
One of the main responsibilities of a criminal defence investigator is to uncover evidence that the prosecution may have ignored or missed. This evidence can be physical or digital; it could come from the crime scene, eyewitness statements, official records, or countless other sources.
● They challenge police investigations
If there is any irregularity or error in the police’s investigation of the crime, the investigator will do their best to find out. If they can prove that evidence was mishandled, witnesses were manipulated, or regulations were flaunted, this could significantly weaken the prosecution’s case.
● They push for a balanced investigation
Although the police investigation isn’t controlled by the prosecution, it’s common for them to have the same goal: ensure that the culprit gets caught. Unfortunately, their methods of determining who’s the culprit often leave major parts of the story untold. Going back to the earlier example of the self-defence case, the police would mainly be concerned with getting a conviction, not testing both sides of the story to see who was right. If they found enough evidence to tell a convincing story, that’s the story they would tell.
A criminal defence investigator, on the other hand, would work to tell the other side of the story. They would find evidence that defied the prosecution’s narrative, cast doubt on their witnesses, or found fault with the police investigation. This would help a more objective story come to light, preventing the prosecution or the police from getting a conviction based on a biased narrative.
The takeaway
Anyone who’s been charged with a crime shouldn’t just hire a lawyer; they should also hire a criminal defence investigator. These investigators can make all the difference in ensuring a fair result for each client.
