For the Defense - Vol. 4, Issue 2 - 29

T

here are over two million people in jail or
prison in the United States.1 There is no
scientific formula that can be applied to
how many are innocent, but it is believed to be
anywhere from two percent to as much as ten
percent.2 Even on the low end, that equates to
tens of thousands of innocent men and women
who have been wrongfully convicted. Multiple
contributing factors lead to wrongful convictions
including false or coerced statements, ineffective
assistance of counsel, lackadaisical police work,
prosecutorial misconduct, false witnesses or
jailhouse snitches, deceitful witnesses and even
dishonest expert witnesses. For these very reasons,
the defense must conduct its own investigation
instead of relying on the investigation conducted
by the prosecutorial team.
As an investigator with over 30 years of
experience, I have worked with numerous attorneys
on hundreds of cases. I see firsthand that an
investigator can be key to advancing a winning
defense. Unfortunately, I have also observed how
a disconnect or delay in utilizing the services of an
investigator have compromised the defense. Keep
the following in mind in your next case.

First, Don't Delay
Surveillance videos may be lost over time,
potential witnesses move and memories fade. These
are just three of the myriad of reasons why an
investigator should join the defense team as early
as possible. The investigator then can analyze the
case as it develops and gather information long
before witnesses become tainted. This normally
happens after witnesses get together to discuss
their stories and the facts get conflated.
An experienced investigator will often
memorialize witness accounts before an
overzealous prosecution team taints their story
and/or recollection. In my experience it has not
been unusual for the prosecutor to manipulate
naïve witnesses to modify their recollection of the
relevant events.

Second, Choose Wisely and Ensure Your
Investigator is Licensed
What kind of investigator should you be looking
for? Not all investigators are the same. In the past

a good majority of private licensed investigators
had retired from a law enforcement career. Over
the past two decades there has been a significant
increase in private investigators without the typical
law enforcement background. A law enforcement
background is not a prerequisite for a respectable
licensed investigator in the private sector. You
should be looking for an investigator who is a good
listener, has a professional demeanor, exhibits strong
problem-solving skills, and is a "people person." A
good investigator will be responsive and confident, a
critical thinker, persistent, trustworthy, creative and,
when needed, tenacious.
Does the investigator you are considering have
any advanced training or specialized certification in
the industry? There are many different certifications,
a few examples are:
* Board Accredited Investigator (BAI)
* Board-Certified Criminal Defense Investigator
(CCDI)
* Certified Legal Investigator (CLI)
* Certified Fraud Examiner (CFE)
* Certified International Investigator (CII)
* Certified Protection Professional (CPP)
* Professional Certified Investigator (PCI)
In the United States, there are only a few states
that do not require a license to work as a private
investigator. Those states are Idaho, Mississippi,
South Dakota and Wyoming. Pennsylvania Licensed
Private Detectives are governed by the Private
Detective Act of 1953. There are two types of licenses
issued in Pennsylvania; an "individual license" for an
individual or a "corporate license" for a corporate
private detective agency. The license is issued by
the court of common pleas in the county where the
investigator's office is located.
It is important to ensure that the investigator
is licensed, and you should request to have the
investigator provide you with a copy of the license.
The danger of working with an unlicensed private
investigator is that the investigator's work product
may be deemed inadmissible in court. Pursuant to
the Private Detective Act of 1953, investigations and
other activity by an unlicensed investigator may be
considered a criminal offense.
You may be able to verify an investigator's
license by searching the Unified Judicial System
of Pennsylvania Web Portal. Under the Case
Information, select the "Common Pleas Court,"
Vol. 4, Issue 2

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For The Defense

29
https://ujsportal.pacourts.us/
For the Defense - Vol. 4, Issue 2

Table of Contents for the Digital Edition of For the Defense - Vol. 4, Issue 2
