• In some criminal cases , not bringing on a private investigator would violate the ABA guidelines . For criminal cases , the ABA Guidelines require defense counsel to investigate the merit of the charges in all cases . The duty to investigate is not terminated by factors such as the apparent force of the prosecution ’ s evidence , a client ’ s alleged admissions to others of facts suggesting guilt , a client ’ s expressed desire to plead guilty or that there should be no investigation , or statements to defense counsel supporting guilt . You must determine if your client ’ s interests would be served by engaging investigators . ( Standard 4-4.1 Duty to Investigate and Engage Investigators )
• If it ’ s a death penalty case , you are violating ABA Guideline 10.7 : “ Counsel at every stage have an obligation to conduct thorough and independent investigations relating to the issues of both guilt and penalty . The investigation regarding guilt should be conducted regardless of any admission or statement by the client concerning the facts of the alleged crime , or overwhelming evidence of guilt , or any statement by the client that evidence bearing upon guilt is not to be collected or presented .”
• You ’ ll show up to court unprepared , which impacts your reputation . Showing up in court without all the facts can make you look unprepared and incompetent . If you don ' t know all the case details , you could miss chances to defend your client properly . This can make other people think twice before hiring you .
• Your client has yet another reason to not trust the system . Not fighting hard for your clients can make them lose faith in the legal system ( if they haven ’ t already ). They will feel like the system is unfair and that even their own lawyer isn ' t doing everything possible to help them . This can destroy the trust between you and your client .
Here ’ s what can go right if you hire your own independent private investigator :
• You build trust with your client . If the time comes when they need to accept a plea , they ’ ll know you did your damnedest , built a team for them , and got an investigator to ferret out the details so they understand the evidence that could be presented against them at trial . You ’ ve then helped save everyone ( you , the court , the victim ’ s family , the client ’ s family , etc ) a lot of time , energy , and trauma going through a trial that would have resulted in a conviction . Investigation often leads to easier settlements when they need to happen .
• You discover surprising new facts . It might be that the snitch was lying , or that your client is innocent or less guilty than the case presented . Yes , this happens . At AK Investigations , many “ loser cases ” result in acquittals and reduced sentences . Once a client told me that a complaining witness ( who was previously in law enforcement ) falsely accused him of assaulting him with a knife . I pulled the personnel files from all his prior places of employment . One included a note from our alleged victim to his supervisor signed with a swastika , and we got a complete dismissal of all charges . It was an unhoused man ’ s word against a person in power . There is no chance we would have gotten a dismissal without my investigative work .
• You might discover mental illness or an intellectual disability that paints the case in a different light . Trained investigators have experience looking for signs of mental health disorders . Perhaps your client was experiencing a severe episode of schizophrenia , which led to a distorted perception of reality at the time of the alleged crime . Or your client has adaptive deficits , which made him an easy target to be recruited to run drugs . It ' s crucial to delve deeper into the complexities that may not be immediately apparent . An investigator ’ s expertise in conducting discreet and sensitive investigations enables them to uncover valuable insights , helping you build a more empathetic and compelling defense for clients who cannot advocate for themselves effectively . Our clients deserve to be humanized to those who decide their futures , and that is only possible if we dive into their backgrounds and get to know them .
• You learn that law enforcement didn ’ t get the full picture . Witnesses sometimes avoid speaking with law enforcement or give limited information to them due to intimidation or fear . The right investigator can bring a more delicate touch , creating an environment where people feel comfortable sharing their experiences , thoughts , and memories . This unique approach often leads to uncovering untold stories and perspectives that could be pivotal in shaping your defense strategy .
• You can challenge the prosecution ’ s biased narrative . Sometimes , law enforcement officers get facts wrong , or their reports offer a skewed or tunnelvision narrative that omits crucial details . I ’ ve watched countless police interrogations with corresponding reports that are not accurate depictions of the interrogations . Investigators can offer a more balanced view of the case , ensuring that a comprehensive understanding of the facts informs defense strategies . Private investigators vet the “ facts ” presented by the people in power .
• Even in federal cases with extensive investigations , there ' s often more to the story than meets the eye . Wiretaps , surveillance , and confidential sources can provide valuable information , but may not present the complete picture . A skilled investigator specializes in connecting the dots , filling in the gaps , and providing a more comprehensive understanding of the case at hand . At AK
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