The Sixth Amendment sets out our constitutional right to effective assistance of counsel.  To that end, defense attorneys must be provided with the resources needed for adequate defense investigation before trial.  Every criminal case needs to be competently investigated by a diligent defense investigator, even if the client appears guilty.  

I have investigated multiple cases in the post-conviction phase in which the client confessed, was convicted at trial without the benefit of defense investigation, and when I later investigated on their behalf I discovered significant evidence of innocence that certainly might have changed the outcome of the trial had it been presented at that time. 

Additionally, far too often courts do not provide adequate funding for a comprehensive investigation.  Some cases are more complex than others and courts don’t always consider this fact when dispensing defense funds and approving budget caps.  Meanwhile, the prosecution has the basically unlimited resource of the entire police department, government run forensic labs, and their own office investigators. 

If we are innocent until proven guilty, then why do the courts not grant more resources to defend our innocence?  How can we make changes to effect a more balanced justice system?  Defense attorneys must remain diligent, courts must provide adequate funding, and every serious criminal case must be investigated by defense prior to trial, even if the client appears guilty.

You Are Not Required to Talk To Police

You Are Not Required to Interview with Law Enforcement


With all due respect to the honest, caring, and diligent law enforcement officers, it has been my experience as a criminal defense investigator that persons (including innocent persons) involved in an incident who grant interviews to law enforcement without an attorney present always say something at some point in the interview that prosecution is able to use against them. 


I have spent countless hours searching for evidence that might mitigate statements accused persons have inadvertently or intentionally (in support of their innocence) made to police not realizing their seemingly innocuous words would somehow be used against them later.  


Before I began working as a criminal defense investigator, I too, believed police and the courts would keep me safe.  And, of course, they would believe in my innocence.  Unfortunately, the sad reality is that police do not always get it right, but they believe they have.  When in doubt, police will side with the complaining party (alleged victim).  Police investigate your guilt, not your innocence.  Prosecutors rely on police to provide facts and case theory.  Public attorneys are overloaded and underfunded . . . some bringing multiple cases to trial in a single day.  Defense attorneys can protect your rights, but not all defense attorneys are competent and caring.  And thus defense investigation and knowing your rights are essential!


Check out more reasons why...CLICK

You may enjoy this short video clip...Do Not Talk To Police