FROMTHEEXPERTS
FROMTHEEXPERTS
HOW TO NAVIGATE A “ LOSER ” CASE By Amber Kaset
During my years of working with criminal defense attorneys , I ' ve heard time and time again that some attorneys “ just don ’ t use investigators .” The reasons vary . Some fear judges won ’ t understand the importance of an investigator for the defense , and they don ’ t want to rock the boat . Other attorneys don ’ t hire investigators because they don ' t understand yet what we can do to help them . But I most often hear it ' s because the client was caught dead to rights , an investigation wouldn ’ t help .
When the evidence against a client seems overwhelming , some might call it an outright “ loser case .” The attorney might believe there is evidence that renders the case hopeless , be it surveillance footage , thorough federal investigations , informant testimonies , or even client confessions . When I hear “ loser case ,” I think it ’ s worth digging deep and showing grit . It ’ s time to fight for something better than the offer you have on the table by going in armed with information .
Labeling a case as a " loser " and proceeding without an investigator can
20 x The Trial Lawyer have dire consequences . Trusting solely in law enforcement and prosecution narratives means accepting their version of events without question , potentially overlooking critical gaps in the story . This approach jeopardizes the client ' s future and undermines your credibility and the client ' s trust in the legal system .
Contrary to the grim outlook on " loser " cases , hiring a private investigator can dramatically alter the course of defense . Investigators bring a fresh perspective , delving into areas law enforcement may have overlooked or misconstrued . They can uncover the hidden truths that might just turn the tide in your seemingly impossible cases .
Here ’ s what can go wrong if you deem your client ’ s case a “ loser ” and you choose not to hire an investigator :
• Your client will likely lose . If you decide a case is unwinnable , you agree with what the police and prosecutors say without checking if they ' re right . You ’ re guaranteed to miss crucial evidence that could help your client . It ' s like giving up before you ' ve even started .