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Arizona Defense Lawyer Investigations
Defense Lawyer Investigations: Uncovering the Truth Behind Your Case
When it comes to defending against criminal charges, a thorough and meticulous investigation is the cornerstone of a strong defense. A complete defense requires uncovering every relevant fact, not only to anticipate and challenge the prosecution’s evidence but also to identify and present compelling evidence and witnesses that support your side of the story. Without a comprehensive investigation, critical details that could impact the outcome of your case might be overlooked.
From understanding what the prosecution’s witnesses will say to gathering evidence that refutes their claims, your defense lawyer will use a variety of investigative techniques to ensure no stone is left unturned. These efforts are designed to protect your rights, expose weaknesses in the prosecution’s case, and build a robust strategy to pursue the best possible outcome. Let’s dive into the investigative methods your legal team may employ to uncover the truth and secure your defense.
DEVELOP A THEORY OF THE CASE
The investigation will be guided by your lawyer’s theory of the case, which may evolve and develop as the investigation unfolds. For example, your alibi witnesses may prove to be unworthy of belief, but the eyewitnesses to the alleged crime might admit that their observations were fleeting and their identification is unreliable. In this situation, your attorney might abandon the alibi theory of defense and emphasize other evidence instead, e.g., photographs, maps and videotapes of the scene, showing the obstacles to the witnesses’ view.
OBTAIN AND REVIEW DOCUMENTS AND OTHER PHYSICAL EVIDENCE
- Visit the Scene – One of the first things your attorney will do is visit the scene of the crime to get a feel for the location – to walk it, photograph it, and observe the lines of sight. This will be especially important if you are charged with a “street” crime because key evidence can be lost. In a vehicular homicide case, for example, skid and yaw marks will wear and wash away over time. In an assault or drug case, witnesses who used to frequent the bar or street corner where the alleged crime occurred may suddenly decide to stay away.
- Obtain 911 tapes – This will need to be done promptly because police departments typically destroy or record over 911 tapes in 30 to 60 days.
- Obtain the Criminal Histories of Prosecution Witnesses – The prosecution is required to disclose its witnesses’ criminal records, but most prosecutors provide only the rap sheets. A smart defense attorney will work to obtain the rest of the court file, which may be rich with impeaching material, including, for example: court transcripts from a plea hearing, trial and/or sentencing hearing; victim impact statements; discovery; police reports; letters from the defendant; and letters from the prosecutor.
- Investigate Civil Filings by Prosecution Witnesses – Your lawyer will investigate civil filings by the witnesses e.g., civil lawsuits, bankruptcy filings, and divorce proceedings, as these may contain evidence of fraud or deceit by the witness.
INTERVIEW WITNESSES
Work with a Private Investigator
During the course of the investigation, your attorney may enlist the help of a private investigator. Using an investigator has several advantages, particularly when it comes to finding and interviewing witnesses. Specifically:
- A private investigator will be more efficient and cost-effective. While the investigator deals with potential prosecution witnesses, your lawyer can focus on researching the law, drafting court documents, preparing witnesses and attending hearings on your behalf.
- Investigators may have contacts with law enforcement agencies and access to government and online databases that your lawyer could develop, but at great time and expense.
- If a witness changes his story at trial, your lawyer can call the investigator to testify about what the witness said to him during the interview.
- Most investigators are retired law enforcement officers, so your lawyer can match the type of investigation to the investigator’s background. The investigator can rely on his experience and expertise to guide the interview and, possibly, uncover details that your attorney, alone, could not.
- For example:
- If you are charged with a street crime, your attorney might rely on a former narcotics or homicide detective.
- If you are charged with financial crime, your attorney might retain a former IRS agent or Postal Inspector.
- If you are facing charges for vehicular homicide or DUI, then someone with accident reconstruction training and experience would be a good choice for an investigator.
Interview Your Family, Close Friends and Associates
Interviews with these individuals can help your lawyer understand you as a person (not just a criminal defendant) and learn the story behind your alleged offense, including possible motives and your relationship to the victim, if any. These interviews also help your lawyer flesh out and refine his theory of your defense, and may lead your lawyer to other witnesses or valuable evidence that can work in your favor during plea negotiations, or at trial or sentencing.
Your Lawyer’s Role
Even if a private investigator conducts some (or most) witness interviews, your attorney likely will attend the interviews of adverse witnesses – that is, those who may testify against you. Being in the room during these interviews will give your attorney a feel for the witnesses’ confidence, hostility, eloquence, and ability to think on his or her feet.
These witnesses are free to refuse to talk to your defense team, but the prosecutor and the police cannot discourage any witness from doing so. If the prosecution interferes with your lawyer’s investigation in this way, your lawyer can ask the court to intervene by either:
(a) issuing a written order that lets prosecution witnesses know they are free to talk to the defense team.
(b) in some cases, ordering the witnesses to appear for a deposition (a formal interview, at which the witness is sworn to tell the truth).
Top-Rated Legal Team Dedicated to DUI and Criminal Law
Positively Impacting Lives Through Effective Legal Advocacy - One Case At A Time!
At Future First Criminal Law, we believe everyone deserves a second chance. That’s why we provide strong, strategic DUI and criminal defense representation, setting ourselves apart as a trusted choice in the Phoenix area.
Our approach is simple but impactful: by focusing on a select number of clients, we ensure each case receives the personalized attention it deserves. We take the time to understand the unique details of your situation, because no two cases are the same.
We know what’s at stake. Our dedicated team works tirelessly to craft tailored defense strategies that protect your rights and safeguard your future. From leveling the playing field in the courtroom to guiding you through every step of the legal process, our goal is clear: to help you avoid incarceration and move forward with confidence.
At Future First Criminal Law, we’re more than your legal advocates—we’re your partners in navigating the complexities of the justice system, empowering you to achieve the best possible outcome.
