Hiring a Private Investigator May be Key to Successful Criminal Defense

It would seem that the concept of “innocent until proven guilty” would prevail in a criminal defense case, but unfortunately many Colorado criminal defendants find it to be the other way around.  Sometimes, just because someone called the police, even well intentioned officers adopt arrest procedures that shift the burden of proof to the accused.  This is particularly true in cases of domestic violence in Colorado.

For this reason, the most competent Colorado criminal defense attorneys recognize the need to investigate any evidence against their clients before advising them on their options.  One of the best ways to accomplish this is to use the services of a private investigator, or criminal defense investigator. 

If you have been charged with a criminal offense in Colorado, a Pueblo criminal defense attorney can work with such an investigator to review and identify any potential defense issues.  In many cases, the police are in violation of a search and seizure regulation, Miranda procedures, or plan to use evidence with little integrity.  A trained criminal defense investigator can uncover any inconsistencies in the prosecution’s statements from victims and witnesses.  Since most law enforcement agencies will paraphrase a witness’s statements, they also know that what is written doesn’t necessarily represent the full statement of the witness, or the context in which it was given. 

When your attorney’s investigator gets involved in your case they will most likely conduct their own interviews with any victims or witnesses, with the objective of qualifying their original statements and confirming the context of their report.  While the investigator is not typically qualified to provide legal advice, their services are invaluable in evaluating the risks of success at a trial and assisting in the construction of plea offers for potential negotiations. 

A competent private investigator may also participate as an advisory witness during the trial or as a silent attorney’s assistant.  Although they will not be permitted to verbally participate in the proceedings, an advisory witness is given direct access to your lawyer, and will usually be exempt from being sequestered during the trial. 

Be sure your attorney is using a criminal defense investigator with an excellent reputation and credentials.  In the event that the investigator is later called to the witness stand in a rebuttal capacity to challenge the original statements from a witness, the other side may call their credibility into question.  The state of Colorado does not require licensing for private investigators, but their character and experience will likely become an issue if and when they are used as a witness in a criminal case. 

For more information on how to use a private investigator in a Colorado criminal case, contact a Pueblo criminal defense attorney for a consultation and find out if they will pursue the services of an investigator to aid in your defense.