A criminal defense investigator helps someone falsely accused of a crime by serving as an “impartial and objective advocate of the truth,” tasked with uncovering the facts that the police may have missed, misinterpreted, or ignored. Their primary goal is to identify reasonable doubt by finding mistakes and holes in the prosecution’s case and uncovering evidence that refutes the “accuser’s” claims.
According to the sources, an investigator assists the falsely accused through the following specific actions:
1. Comprehensive Discovery and Document Review
Investigators perform a meticulous review of all discovery, police reports, and documents provided by the state to identify “serious flaws” or factual inconsistencies. For example, in one case study, a thorough review of discovery led to the dismissal of a death penalty case before trial for the first time in Illinois history. In another instance, an investigator who was an expert in Standardized Field Sobriety Tests (SFSTs) identified incorrect police procedures that led to a “Not Guilty” verdict in an aggravated DUI case.
2. Witness Identification and Impeachment
A vital role of the investigator is to find and interview witnesses whom the police either did not realize existed or chose not to visit.
- Locating Fact Witnesses: In one case involving a newborn’s murder, investigators tracked down two witnesses who identified the actual person responsible for the crime.
- Correcting Misidentifications: In a case study involving a college athlete accused of assault, the investigator discovered the “victim” had actually been struck by her own fiancé’s elbow during a scuffle, and the intoxicated woman had simply misremembered the athlete’s face.
- Uncovering Bias: Investigators conduct background checks on state witnesses to identify credibility issues, biases, or previous criminal histories that can be used to impeach their testimony.
3. Crime Scene Re-examination and Timelines
By visiting the crime scene—even weeks or months later—investigators can identify neglected areas and reconstruct events to show factual impossibility.
- Timeline Reconstruction: Investigators establish chronological lists of events that can prove a defendant could not have been at the scene at the time of the crime.
- Geographic Alibi Verification: Meticulous investigations can prove a client was not even in the same state when a crime occurred, refuting false charges from a defendant’s hometown.
4. Finding Exculpatory and Missing Evidence
Investigators actively seek “exculpatory evidence”—material that helps the defendant but which the prosecution may not have disclosed or located. This includes searching for missing physical evidence at the scene or utilizing computer forensics to recover digital communications that support a defendant’s claim of innocence.
5. Strategic Advocacy and Expert Collaboration
The investigator supports the defense attorney by translating technical or forensic data into a legal strategy.
- Direct Meeting with the State: Investigators may prepare the material necessary for a defense team to meet with the state and demonstrate a “Claim of Innocence,” which can lead to a dismissal of all charges.
- Challenging Forensic Science: In complex cases, investigators work with experts to rebut “voodoo science” or flawed forensics used by the state.
- Polygraph Support: While not always admissible, a client passing a polygraph arranged by the investigator can be a powerful tool in persuading the state to drop a case.
6. Persistence in Post-Conviction Cases
For those already wrongly convicted, investigators can spend years on a meticulous post-conviction journey to uncover evidence of ineffective original counsel, destroyed evidence, or the use of unreliable “jail snitches” to finally win the client a new trial or freedom.