Part 6: Conducting An Investigation Of The Case
Once you have retained a criminal defense attorney there’s no reason to delay the investigation process. Depending on the charges brought against you and the intricacy of the facts, your defense attorney will counsel you as to the need for an attorney-led investigation or for hiring an outside investigator. In addition to police officers, sheriffs and other law enforcement personnel, the prosecutors’ office has tens if not hundreds of investigators on staff to hunt down every piece of information related to your case. In some cases your defense attorney can use this to your advantage by requesting that the State investigate and produce evidence, but in other cases it will be essential to your case that you invest the necessary funds to hire outside investigators. In most cases, an outside investigation will supplement the information obtained by your attorney during the formal discovery process (discussed in Part 7).
Attorney-Led Investigation And Hiring An Investigator
Depending on the facts and nuances of your case, your attorney will advise you on the evidence that needs to be fleshed out, and whether or not you need to hire an investigator. Your attorney will simultaneously be pursuing documents and evidence produced and collected by the State, which must in turn be picked apart for authenticity and potential inaccuracies. Your attorney will review everything produced by the State and develop a plan to rebut or acknowledge the State’s evidence at trial. Using your previously developed witness list, your attorney will review the backgrounds of each individual, conduct interviews, and determine whether their testimony will benefit your case. If your attorney is interviewing the State’s witness (such as a complaining witness) or other adverse witnesses, it is always a good idea to have an independent third party present in the event the witness changes their testimony at trial.
In addition to the case investigation your Criminal Defense Attorney will undertake, it is sometimes advisable to hire an experienced independent investigator. In cases where forensic evidence is involved, it may be advisable to petition the court to have the evidence retested by an independent laboratory or reviewed by an independent expert. Recent news reports prove exactly why even “State expert” evidence and testimony can never be taken at face value (see ‘Dry Labbing’ Drug Evidence).
Your Attorney Has A Duty To Investigate
According to the State Bar of Texas, “Counsel has a duty to conduct, or secure the resources to conduct, an independent case review and investigation as promptly as possible.” All defense review and investigation will be done with an eye toward identifying holes in the State’s case, mitigating damaging evidence, and presenting effective defenses. Any investigation, whether undertaken by your Criminal Defense Lawyer or an outside investigator, should include pre-trial, trial and sentencing evidence. It is naïve for an attorney to believe a simple cursory investigation is adequate, and to ignore the possibility of conviction and punishment: s/he must anticipate all possible outcomes and prepare your case accordingly. In broad terms, this will include the following (when applicable):
- Reviewing written reports and statements
- Securing copies of available video footage
- Visiting the scene
- Interviewing witnesses
- Researching defendant’s and witnesses’ prior criminal history and mental health records
- Utilizing expert assistance
- Filing Open Records requests
We Exhaust Every Investigative Angle
Cofer Law, P.C. is in the trenches every day and knows from first hand experience that even a shotgun approach to investigation can yield incredible results. In one of our early Burglary of a Habitation cases we did just that, and learned an important lesson: “A good criminal defense attorney never takes the evidence in a case at face value.” Our Fort Worth Criminal Attorneys utilize an extensive network of investigators, former law enforcement personnel, experts and independent forensic laboratories to ensure we can attack the State’s case from every possible angle. We know the State has an extensive network of investigators working against you, so don’t walk into court without backup. Let us help you find the right team of attorneys and investigators to mount a successful defense.
