When the Government Builds a Case Against You, Who Is Building Yours?

By the time someone is charged with a crime, the government may have already spent weeks, months, or even years building its case. Law enforcement officers have interviewed witnesses, collected evidence, reviewed records, photographed scenes, obtained surveillance footage, and developed a theory about what happened. Prosecutors receive the benefit of that work when deciding how to move forward. The person accused of the crime is often starting from a very different position.

Hiring a good criminal defense attorney is critical, but you could possibly benefit from a private investigator as well. An attorney and a private investigator serve different roles. Your attorney understands the law, develops the legal strategy, challenges the State’s evidence, and represents you in court. A private investigator works outside the courtroom to find, verify, and document the facts your attorney may need to build the defense. Reviewing the State’s discovery is important, but discovery primarily tells your attorney what the government found and chose to document. It does not necessarily reveal what investigators missed. This is the key!

An independent defense investigation starts with questions. Were all of the witnesses identified? Were their statements consistent? Did anyone have a reason to lie, exaggerate, or leave something out? Does the timeline actually work? Could the witness have seen what he or she claimed to see from that location? Was surveillance video available that law enforcement never obtained? Do photographs, phone records, social media activity, receipts, location information, or other records contradict part of the State’s theory? A police report may be an important piece of evidence, but it is not the entire case.

Witness interviews can be especially important. Initial interviews are sometimes brief, conducted during chaotic circumstances, or focused on questions relevant to the theory investigators were pursuing at the time. A defense investigator can return to those witnesses, ask additional questions, compare statements, identify inconsistencies, and locate people who were never interviewed in the first place. The purpose is not to coach a witness or create a different story. The purpose is to determine what that person actually knows as opposed to relying on hearsay, which is inadmissible in court.

Physical scenes deserve the same scrutiny. Distances, lighting, visibility, obstructions, traffic patterns, camera locations, entrances, exits, and other details may become significant once the evidence is examined more closely. Scenes also change. Buildings are remodeled, vegetation grows, cameras are replaced, businesses close, and memories fade. Information that is available today may not exist six months from now. Preserving it early can give the defense options that disappear with time.

A thorough investigation can also help identify patterns or gaps that are difficult to see when every piece of evidence is considered separately. Timelines can be reconstructed. Statements can be compared against records. Chain-of-custody issues can be examined. Evidence can be traced back to its source. Facts that initially appear insignificant may take on a different meaning when placed beside other information. A criminal defense attorney cannot cross-examine a fact that no one ever uncovered.

Independent investigation does not begin with the assumption that law enforcement was wrong. Most criminal investigations contain a tremendous amount of legitimate work, and sometimes an independent investigation confirms much of what was originally reported. The purpose is to test the evidence rather than simply accept it. Investigators are human. Witnesses are human. Assumptions can be made, information can be misunderstood, and once an investigation begins moving in one direction, other possibilities may receive less attention.

The stakes in a criminal case can reach far beyond the courtroom. A conviction may affect someone's freedom, employment, professional licensing, finances, family, reputation, and future opportunities. Even an accusation can have consequences long before a case reaches trial. No ethical private investigator can promise that an investigation will uncover evidence that changes the outcome of a case. The value lies in making sure the defense has had an opportunity to look for facts independently rather than relying exclusively on the investigation conducted by the same government bringing the charges.

At Tinsley Investigations, our role in a criminal defense case is not to decide guilt or innocence. It is to investigate. We work to locate information, interview witnesses, examine timelines, document relevant facts, and provide attorneys with objective findings they can evaluate as part of the defense strategy.

The government gets an investigation before it prosecutes you. Your defense deserves an investigation, too.

When your freedom is at risk, the question is not whether every fact uncovered will help your case. The question is whether you can afford for an important one to remain undiscovered.

Disclaimer: This article is provided for general educational purposes only and is not legal advice. Every criminal case is different. Anyone facing criminal charges should consult a qualified criminal defense attorney regarding the facts and circumstances of their individual case.

Tinsley Investigations

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