Do criminal defense attorneys conduct investigations? The answer to that question depends on the facts and circumstances of the case. Investigative attorneys may be asked to do so when the police’s investigation seems incomplete. Likewise, an attorney may order an investigation when the police have stopped investigating due to incriminating evidence. Regardless of the type of investigation, the defense attorney must be thorough and transparent. Here are some of the common methods of criminal defense investigation.
A pre-file investigation is a legal process that occurs before formal charges are filed. The purpose of such an investigation is to gather enough evidence against the suspect to justify charges. Often, this requires the defense attorney to discuss the merits of the case with the police to request a police investigation and a return of the case to the D.A. During the pre-file investigation, the defense attorney will question witnesses. If the police did not gather enough evidence, a defense attorney will contact a DNA expert and request an investigation.
While police may be neutral parties prior to an arrest, they become vested witnesses for the prosecution. This is both a good and bad thing. In addition, police may suppress crucial evidence. Hence, a criminal defense attorney must perform a thorough investigation to test the prosecution’s evidence. In addition to these methods, criminal defense attorneys may also conduct their own investigations. In addition to conducting their own investigations, defense attorneys may ask their clients for information about witnesses and events that happened before the charges were filed.
