Most people are familiar with the concept of criminal defence lawyers, but what about criminal defence investigators? These investigators play a crucial role as part of an experienced team, as they gather evidence to support an effective defence strategy. They’re essentially private investigators, but instead of being hired by individuals, they’re often recommended by criminal justice lawyers to their clients. This collaborative approach between investigators and lawyers not only helps bring new evidence to light, but also helps lawyers represent their clients more successfully.
Why defence lawyers value investigators
As you may have guessed from the name, criminal defence investigators are there to investigate the defendant’s side of the case. They do things like gather evidence, interview witnesses, and conduct surveillance.
When someone is facing criminal charges, they’re innocent until proven guilty in the eyes of the law. However, this doesn’t guarantee that the prosecution will use every bit of relevant evidence. What usually happens is that they develop a theory of what took place, and then focus on gathering evidence to support that theory. This approach often leads to them passing over key evidence that could help the defence, so it’s up to the criminal defence investigator to bring that evidence to light.
These investigators are often former members of the police force, so they know exactly how to find relevant data. When they’re hired immediately after someone is accused of a crime, they could even go to where the incident occurred to take their own photos to use as evidence. At every stage of the case, investigators work alongside lawyers to strengthen the credibility of their defence strategies.
How criminal defence investigators contribute to a case
There are many different reasons to hire an investigator as part of a criminal defence team, not least because they can dig up crucial evidence to strengthen the case.
- They enhance defence strategies
Criminal defence investigators bring a fresh outlook and valuable experience to the development of an effective defence strategy. This helps the legal team defend their clients’ rights with more compelling arguments, which can play an instrumental part in formulating a convincing case.
- They ensure a balanced investigation
Even though the prosecution doesn’t control the police investigation, the police forces are sometimes biased towards the prosecution’s narrative. This can create a bias in the investigation, leading to discrepancies in the evidence that’s presented. An investigator for the defence, on the other hand, is specifically tasked with finding any evidence that could challenge the prosecution’s narrative and shed new light on the case. Their approach is independent and objective, with the goal of successfully challenging the prosecution’s case with the evidence they’ve brought to light.
- They challenge police procedures
Although police investigations are supposed to be conducted according to certain standards, this doesn’t always happen. If an investigator finds evidence of misconduct or irregularities by the police, this could invalidate some of the evidence that’s being used by the prosecution. This puts the defence in a much better position to throw doubt on the validity of the charges.
- They support witness testimony
In some cases, witnesses are reluctant to volunteer themselves in support of the defence. They may feel like their testimony isn’t that important, or assume that someone else will come forward. Whatever the case, an investigator will be able to locate key witnesses, and gather evidence that otherwise wouldn’t have been discussed.
- They uncover new evidence
Because they’re already experts in conducting investigations, they have the skills and resources to delve deep into each case. They can locate and speak to witnesses, revisit the crime scene, gather character witnesses, and collect digital, physical, and other forms of evidence that may have been missed (or ignored) by the police.
- They can act as a defence witness
It’s common for the prosecution to bring in as many witnesses as possible to strengthen their case; this often includes members of law enforcement who were involved in the investigation. This can seem very intimidating, even if some of the witnesses don’t have much to share. The defence team, on the other hand, doesn’t always have that many witnesses to share their story. However, a criminal defence investigator can serve as a witness for the defence. Just like the prosecution can ask police officers to explain how they investigated why the defendant is guilty, the defence can ask the investigator to explain how their investigation reveals the defendant’s innocence.
- They contribute forensic expertise
Because many criminal defence investigators come from law enforcement backgrounds, they have specialized knowledge in various surveillance techniques that can be instrumental in collecting evidence.
Criminal defence investigators will go a lot farther in their investigations than the police will. Law enforcement officials don’t always bend over backwards to collect every bit of relevant evidence; in some cases, they’ll actually stop gathering evidence once they have enough to justify an arrest. This can lead to crucial errors in the prosecution – errors that the defence team is tasked with finding and refuting. With the help of the additional evidence that an investigator finds, the person who’s been charged with a crime stands a better chance of getting a just verdict.
For example, let’s say someone was charged with a crime after injuring someone while acting in self-defence. The prosecution is representing the injured person, while the defence team is representing the person who caused the injury. A criminal defence investigator could discover that the alleged victim had a history of violence, and had already had a few brushes with law enforcement because of their aggressive tendencies. This type of information could significantly weaken the prosecution’s case, allowing the defence to strengthen theirs.
The takeaway
When someone has been charged with a crime, one of their first steps may be to hire a defence lawyer. However, they should also consider bringing a criminal defence investigator on board as well. These investigators may not occupy the legal spotlight as much as lawyers, but they work just as hard to ensure a fair outcome for th
