How Private Investigators Help DC Criminal Defense Lawyers

How Private Investigators Help DC Criminal Defense Lawyers

If your facing criminal charges, a private investigator can be a huge asset to your defense team. As a Washington, DC criminal defense lawyer myself, I work closely with private investigators (PIs) on many of my cases. They help dig up evidence, locate witnesses, and uncover information that can weaken the prosecution’s case against my client’s. Here’s an inside look at exactly how PIs assist us lawyers in building strong defenses.

Conducting Thorough Investigations

A good PI will leave no stone unturned when investigating a case. This means tracking down all physical evidence, documents, and witnesses that could be relevant. For example, if your accused of assault, the PI might interview eyewitnesses, obtain security camera footage, look for receipts or selfies proving your whereabouts, and more. Having an unbiased third party gather this information lends it more credibility then if we lawyers did it ourselves.

Finding Witnesses and Conducting Interviews

One of the most valuable services a PI provides is locating potential witnesses – both eyewitnesses and character witnesses. They’ll canvas the neighborhood or scene of the alleged crime to find bystanders who may have seen something. Or they’ll track down people from your work, school, or community who can vouch for your reputation. PIs are also experts at conducting interviews that get people to open up with details they may not tell police or lawyers.

Uncovering Background Info on Victims and Witnesses

PIs dig into the backgrounds of alleged victims and prosecution witnesses. If a witness has a criminal record, bias, or credibility issues, that can weaken their testimony. For example, if your accused of assaulting an ex-girlfriend, and her new boyfriend is testifying against you, the PI could uncover the boyfriend’s prior domestic abuse charges – showing he may have ulterior motives.

Collecting Physical Evidence

PIs are skilled at gathering physical evidence – things like surveillance footage, cell phone records, purchase receipts, computer files, etc. They’ll go to the crime scene to take photos and measurements. They’ll obtain and analyze records that may contradict the prosecution’s version of events. And they’ll track down tangible proof of your whereabouts or activities to build your alibi.

Conducting Undercover Operations

In some cases, PIs will go undercover to get information. For example, in a drug sales case, they may pose as buyers to prove police entrapped you. Or they may secretly record conversations with victims or witnesses to expose lies or inconsistencies in their stories.

Analyzing Digital Evidence

With so much evidence being digital these days, PIs are tech experts at recovering and authenticating things like texts, emails, social media posts, etc. They use forensic tools to extract exculpatory data from smartphones, computers, the cloud, and more. This can reveal communications, photos, app usage history, and other electronic proof that undercuts the prosecution.

Reenacting and Recording Crime Scenes

PIs often visit the crime scene to take measurements, photos, and video recordings documenting line-of-sight, lighting conditions, acoustics, and other physical factors. They may bring in specialists to recreate the conditions, which can disprove alleged victims’ versions of events. For instance, if a witness claims it was too dark to see their attacker’s face, measurements of light could contradict them.

Researching Legal Precedents and Implications

Good PIs also research the specific laws, precedents, and defenses relevant to your case. They’ll analyze how courts have interpreted statutes and what arguments succeeded or failed in similar cases. This helps the legal team develop strategies and make informed decisions when weighing plea bargains versus going to trial.

Helping Lawyers Avoid Ethics Violations

PIs insulate lawyers from ethics violations that could threaten their law license. For example, lawyers can’t interview represented parties or misrepresent their identity. But PIs face no such restrictions. So they handle “dirty work” like deceiving witnesses or recording people without consent if it’s legal in that jurisdiction.

Conducting Due Diligence on Expert Witnesses

Before retaining expert witnesses, PIs vet their credentials, qualifications, biases, and prior testimony track records. If a forensic psychologist your planning to use as an expert has credibility issues, the PI will uncover it so you don’t get blindsided when the prosecutor tries to discredit them.

Serving Legal Documents

PIs can legally serve subpoenas requiring witnesses to testify or turn over evidence. They’ll locate and deliver documents even if witnesses dodge prosecutors or police. And they’ll testify in court about how they served the papers if witnesses claim they never received them.

Providing Surveillance and Security

PIs often conduct surveillance on victims, witnesses, or locations relevant to the case. For instance, if your ex claims you vandalized their car, the PI could watch the car to see if anyone else tampers with it. PIs also provide security for lawyers, clients, and witnesses who feel threatened or harassed.

Performing Comprehensive Case Reviews

Before trial, PIs will do an exhaustive review of the entire case file – police reports, witness statements, forensic tests, attorney notes, etc. A fresh set of eyes may spot inconsistencies, procedural errors, defense angles, or reasonable doubt arguments that lawyers missed.

Asking Tough Questions

PIs play “devil’s advocate” – asking tough questions to make sure the defense doesn’t overlook anything. For instance, they may say: “What if the prosecutor argues this? How will you rebut the medical examiner’s testimony? What if your star witness flakes?” This mental sparring strengthens cases.

Providing Second Opinions

Lawyers can get so immersed in cases they lose objectivity. PIs offer unbiased second opinions on defense strategy, plea bargains, arguments to pursue or avoid, witnesses to call, and more. Their perspective is invaluable in high-stakes cases.

The Takeaway

In summary, a seasoned private investigator can provide criminal defense attorneys with investigative muscle, expert analysis, and an objective sounding board. So if your facing serious charges, hiring a PI to work alongside your lawyer could make the difference between conviction and exoneration. With their help, you’ll go to trial armed with the strongest evidence and strategies for defeating the charges.