Investigating a Criminal Case: The Defense Should Conduct Its Own InterviewingIf you have hired a criminal defense attorney to work on your behalf, know he or she should not solely rely on the information presented by law enforcement alone when working to defend you in court. Why? Commonly, the police, along with the prosecution, only present one version of the facts, which is their own! Prosecutors are required to provide witness statements during the discovery period, but it is not guaranteed these witness statements are accurate, complete, or even from a credible source. Investigating the source of information, fact checking, and even obtaining another statement from a witness may expose serious flaws or other discrepancies in a prosecutor’s case. It’s is the responsibility of a criminal defense attorney to uncover problems with the law enforcement and prosecution’s version of the crime committed. A skilled defense lawyer will review the evidence being presented by the prosecution to look for discrepancies and gather his or her own evidence on behalf of his or her client.

The Benefits of an In-Person Interview
So how should a defense attorney go about obtaining evidence for a trial? Typically, he or she will speak with the witnesses whom will testify in court. One method – a common investigation technique – is sitting down, in-person, with each eyewitness to the alleged crime, even if they are supporting the prosecution’s claims. It can be advantageous for a defense attorney to interview the witnesses firsthand to weigh the individual’s credibility; check on the details being told to see if there are any inconsistencies with the story; help establish an argument that an eyewitness is acting bias against the defense; and to find new evidence leads and individuals to speak with concerning the case. A highly successful criminal defense lawyer is important to have in place when preparing for a trial. He or she will be able to ask the eyewitnesses relevant questions and get the most helpful information. If done correctly and by a skilled defense attorney, interviewing the prosecution’s witnesses can be an effective investigation technique and can strengthen the defendant’s case.

It is important to note, however, that a prosecutor can strongly suggest that an individual not speak to the defense, and the prosecution’s witnesses are not obligated, by law, to speak with a criminal defense attorney requesting a face to face interview. In some cases, a criminal defense attorney may decide it would be beneficial to use a private investigator to help obtain the information needed from the eyewitnesses to build a strong defense for his or client, however.

Contact The Law Office of Peter Blair
If you’re facing criminal charges, consult The Law Office of Peter Blair to have an experienced criminal defense lawyer on your side. We can protect your rights and effectively investigate your case to determine the best approach to take in court to ensure your rights are protected.