Criminal Defense
Why Use A Private Investigator In A Criminal Defense Investigation?
By David Almeida
The police can be of great service to prosecutors when it comes to finding witnesses to a crime and to following the evidence to a suspect. However, sometimes the defense is going to realize that there seems to be key evidence missing or witnesses that have not come forward: the defense attorneys are going to find a basis for reasonable doubt.
However, in order to know that their assumptions about their client's innocence are correct, they will need to conduct a criminal defense investigation.
A private investigator serves an important role in a criminal defense investigation. In this case, that 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 actually responsible for committing the crime.
When an attorney uses a private investigator in a criminal defense investigation, that investigator will take the time to understand the charges and the laws that relate to the crime. Once there's an understanding of the case in question, the private investigator will go over all of the materials that the defense team has received from the prosecutor.
During the course of the criminal defense investigation, the private investigator will go through routine reports from the police, everyday paperwork as well as copies of evidence, photographs, phone messages and witness statements related to the case. The goal of this is to determine whether or not there are any inconsistencies from one witness to the next or between the conclusions drawn and the evidence.
In addition, during a criminal defense investigation, a private investigator may re-visit the crime scene to see if there was anything that had been overlooked. He or she may also interview witnesses to see if their stories have changed or to verify that they do not have anything else that motivated their statements against the defendant.
Inconsistencies and ulterior motives that a private investigator discovers during the course of a criminal defense investigation may be able to be used as a part of the client's defense. Similarly, if during the course of the criminal defense investigation a private investigator discovers that there are other witnesses who had not come forward or evidence that was not considered previously, he or she can then look into these developments further.
In some cases, that may mean that a search is conducted to find these other witnesses. In other cases, it may mean conducting interviews or doing background searches. In others, there may be other parts of the criminal defense investigation that are assigned to a private investigator - tasks that he or she is uniquely qualified for and that will keep the defense team free to focus on the legal proceedings and other cases that they have.
During the course of a criminal defense investigation, a private investigator can help to ensure that an innocent client will not be found guilty - all without taking away from a defense attorney's busy schedule. In other words, bringing a private investigator into a criminal defense investigation, defense attorneys are able to focus on the court system while a private investigator conducts the investigation.
February 26, 2011
8:10 pm
What are the pros and cons of criminal defense as a legal specialty?
I appreciate all answers, but input from those who have done it will be most helpful. What are the pros and cons of criminal defense? What is the job market like? For all types of attorneys, how did you choose your legal specialty? If you had to do it over again, would you choose the same one or something different?
Thanks in advance for all answers!
I can’t choose a best so I will put it to voting. Thank you both for taking the time to give thoughtful answers!
May 17, 2011
8:09 pm
How do lawyers (specifically Criminal Defense Attorneys) use computers in their career field?
I am a Freshman in college, and I’m going to college to eventually become a Criminal Defense Attorney. In my Computers class, we have to give a presentation on how computers are used in our career field. I’m hoping some people, or even true lawyers, could give me some advice. Thanks!
*sigh* spam.
May 28, 2011
8:08 pm
How do I become a white collar criminal defense attorney?
I know I have to go to Law School which I am applying to this fall and pass the bar but what’s next? What do firms look for in a white collar criminal defense attorney? Do I have to work in some other law specialties before I go in to it?
June 27, 2011
10:16 pm
You can try to find a job in a law firm that specializes in white collar defense work, but it may be difficult. Most firms look at grades when looking for interns/law clerks who have completed their first year of law school.
You may have to clerk/intern at the public defender’s office – those are primarily “blue-collar” crimes, but you will get experience defending criminals, going to trial, etc. Things that will make you more marketable…
June 29, 2011
8:47 am
I don’t do criminal law except when I bump up against it in my other practice areas, like immigration or family law, but my cousin does criminal law as a public defender and he seems to love it. You gotta go with the practice area that suits your talents. Well, here’s my 2 cents.
Pros – There is not a lot of paperwork (aside from a few canned motions you use all the time). If you like strutting your stuff in court, then you can go to court a lot. If you truly believe your client’s innocent, then you get to feel righteous about defending the innocent. Aside – I have a friend whose son was wrongly convicted and it took her years to get him out of jail and his name cleared. Sadly he was murdered a couple of years after he was released from prison. Wrong place, right time. A tragedy.
More pros – you can probably line up a fair amount of work if you get on the conflict panel (where the regular PD can’t take the case and they have to farm it out to the local lawyers). Also repeat business and referrals. Criminals tend to be repeat offenders and they’re thick as, well, thieves and tend to refer their cohorts to their attorney.
Cons – you’re working with cons! But you get over it. Yes, they tend to be stupid, but you don’t have to put them on at trial, just have them work on their “innocent lamb” face and put on a decent suit. You should also get paid up front, or at least before trial. Once they’re in jail good luck with getting paid. Getting paid is the hardest part of being a lawyer. That and having to deal with other lawyers, and I hear that district attorneys can be real snots. But I think the average civil lawyer is worse than the average district attorney because they’re being paid ever so much more to be jerks to the opposing counsel. DA is only seeking justice and the civil attorney is generally helping his client get away with murder (figuratively of course).
July 11, 2011
7:08 pm
#1 use: word processing
#2 use: research
Choosing a career is one of life’s most important decisions. If you possibly can, change your major asap.
The legal profession is dramatically changing and is in CRISIS!!! Every year, more and more people graduate from law school, but there are fewer and fewer jobs. Even the largest and most reputable law firms are experiencing unprecedented cutbacks. I don’t expect the situation to improve in the coming years…..
Be aware of what you are proposing on getting yourself into. Please do more research first. Reminder: We are in a World-wide Recession. Consider career paths that have available JOBS.< <<<<
Warning> Jobs in the field of Law are drying up fast!! This is just not a good field to invest time and/or money into. This is a SHRINKING, crumbling, and dying vocational field. Many reasons. We now have computers. So, many people today (mistakenly) think they can do their own legal work, thanks to the Internet. Also, there are a lot of companies out there making very efficient legal software for the field of Law. Today’s graduating lawyers tend to be very computer savvy, so they just do the work themselves to save themselves the cost of overhead. Also, the “Public” buys this legal software in order to get legal work done without the cost of an Attorney. Also, we simply already have way too many Legal Professionals – we have an absolute glut!! (“Legal Professionals” includes, but is not limited to: Attorneys/Lawyers, Paralegals, Legal Assistants, Legal Secretaries, Bailiffs, Court Reporters, etc, etc)
Sites like legalzoom.com have taken away work that many small-time attorneys/lawyers would do.
The field of Law has a mystique that actually exceeds reality. The field of Law is an overrated career – mostly by television. There are many myths regarding the field of Law: working as a Lawyer is mentally challenging (Actually, most work as an attorney involves routine paperwork: research, cite checking, drafting documents, and document review. Attorneys need to write down and track every activity they do, all day long [in 6 to 15 minutes increments, depending on the billing system] – a painstaking but necessary task), being an attorney is thrilling, high-powered, and glamorous (remember: television is fiction – the fictional lawyers on TV are ACTORS – the majority of work that an attorney does, does not happen in a courtroom), law students think that because they are good at arguing they will become great attorneys (actually being a great attorney is more in one’s ability to mediate between differing sides and bringing them to agreement), as a lawyer I can correct injustices (actually legal decisions are more about reaching compromises than about right vs. wrong), guaranteed financial success (actually when salaries are compared, you also need to account for cost-of living expenses [most large law firms are in large cities - the bigger the city, the more cost-of-living expenses will be], payment of debts accrued while attending law school, and time needed to build a client base. Many large law firms require lawyers to work 60-80 hours per week.).
Cost of law school to be lawyer, approx $150,000+.
Be prepared to take on a LOT of debt.< <<<<<<<<<<<<<<<<<<<<<<
There are no jobs in this vocational field. My family, coworkers, friends, acqaintances, etc. have been laid off left and right in this vocational field.
Employers (usually law firms) in the field of Law today want employees with degrees from traditional colleges/universities. Those "certificates" you see advertised aren't worth the paper they are printed on - they are generally scams. (I found this out the hard way.) Also, the law school's program needs to be accredited by the American Bar Association - if it isn't, you are just wasting your time/money.
Even if you finish law school, you won't be able to find a job when you are done. Since this vocational field is shrinking, many new attorneys/lawyers are, themselves, having to work "down" as Paralegals, Legal Assistants, Legal Secretaries, Bailiffs, Court Reporters, etc, etc, to simply try to keep some of their bills paid <
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Now... the law schools know this, but they won't tell you the truth >that the job market/economy is just SATURATED with way too many Legal Professionals. Instead the schools will feed you a fairytale and will LIE to you. The root of the problem is we have too many law schools. We are in a recession, and the schools are fighting for their own survival – they will tell students anything to get to the students’ money. (Which is why they won’t tell you the truth about the job market for the field of Law.) And these schools continue to recruit and churn out even more graduates………….Remember: law schools are BUSINESSES – their top concern is making money for themselves.
>>>>>THE MOST IMPORTANT THING (and I can’t stress this enough): You ESPECIALLY have to beware of the bogus, inflated law school salary/job stats given out by law schools!!!*****< <<<<
If you don't believe me, then just do a SEARCH here on Yahoo Answers to see what other posters are saying about the current status of the field of Law. Call some local law firms - ask to speak to the Manager of Human Resources - ask them if they are hiring; ask them what they think about job availability in the field of Law..................
In the book "So You Want to be a Lawyer?" by Marianne Calabrese and Susanne Calabrese (ISBN 0-88391-136-1): "The United States has more lawyers than any other country in the world. About 38,000 students graduate >each year< from the 200+ law schools in the United States. The competition is very keen for jobs and clients." - Even Associate Justice Antonin Scalia (who served on the U.S. Supreme Court for more than 20 years) says there are too many lawyers. (9/14/2008)
Check out these websites: http://informeddecisionmaking.blogspot.com
http://calicocat.com/2004/08/law-school-big-lie.html
http://abajournal.com/news/triplt_bad_news_for_law_students_three_firms_aX_summer_associate_programs/
http://abajournal.com/news/as_rio_tinto_saves_millions_other_corps_will_outsource_too_counsel_says/
http://blog.penelopetrunk.com/2009/02/03/dont-try-to-dodge-the-recession-with-grad-school/
http://lawschoolscam.blogspot.com
http://dealbook.blogs.nytimes.com/2009/09/02/another-view-lock-the-law-school-doors/?ref=business
http://media.www.dailyorange.com/media/storage/paper522/news/2009/09/15/News/Law-Students.Face.Tough.Job.Market-3771810.shtml
(A link to a website does not constitute endorsement.)
If you want a job when you are done with your studies, consider and look into the fields of: >>>Healthcare, Information Technology, Law ENFORCEMENT, environmentalism, emergency planning, accounting, education, entertainment, utilities, home-car-commercial-industrial repairs, vice industries, clergy, and/or debt collection. I spoke to a career counselor from Jobs and Family Services, and HE told me that these areas are where the jobs are, and future job opportunities/availability….and scholarships.
Good luck.
(This is based on my current knowledge, information, belief, and life experiences. This was intended as personal opinion, and not intended to be used as legal advice. Please be careful and do your research.)
July 19, 2011
7:41 am
I think that performing persecution would be outlawed. One lawyer acting for defence and prosecution at the same time, on the same case, should never happen!
July 22, 2011
8:08 pm
Can a malaysian lawyer practice both criminal defense and prosecution?
I mean,in malaysia,I want to be a criminal lawyer. But I’m not sure whether can a lawyer in Malaysia perform persecution and criminal defense at the same time?
July 29, 2011
5:44 pm
You are working for a criminal defense lawyer. She is representing a man accused of kidnapping, raping and vi?
You are working for a criminal defense lawyer. She is representing a man accused of kidnapping, raping and videotaping the murder of a two year-old child. How would you feel about assisting the attorney on the case? Are there ethical issues in allowing one’s personal feelings to be expressed in working on a case? What if you have strong feelings against the client’s position?
July 29, 2011
6:29 pm
You have to give the defendant the best possible defense. If it were shown that you had not, you jeopardize his prosecution.