Daniel Percival

Depending on the type of charge and the jurisdiction, there may be a variety of different angles for a defense investigation. For example, if it is a white collar or property crime that involves extensive financial records, or even a DUI/DWI, a subpoena duces tecum may be appropriate for banks, credit card companies or other financial institutions to lay appropriate foundation as to what must be proven. Likewise, if it is a case with a number of in person witnesses, such as an assault case or a robbery case, the defense investigations must be catered towards in person interviews regarding direct evidence. It is usually best practice to employ a professional personal investigator and clients should be very wary of working with firms that do not employ investigative professionals regularly.

Serious cases, especially serious violent cases, may trigger additional investigations. Those investigations typically cater to the charge and to what elements of the particular charge are issues. For example, if it is an identity case, the defense investigation may go into background and the inefficiency of the identification. If it is a DNA or a blood work case, or case where certain forensic information is examined, such as drugs by the department of forensic science, then investigations go into the reliability of the testing procedures, the protocols and the evidence that was given to the testing.

Even in a DUI/DWI case it is not uncommon to view many hours of video footage and review hundreds of pages of subpoenaed documents before completing the investigation.

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