Turning “Loser” Cases Around
As faculty at several criminal defense attorney trainings, I've heard time and time again that some lawyers just don’t use investigators.
The reasons range from judges not recognizing the value of investigators for the defense (leading attorneys to believe they won't authorize funding for expert investigators), to a lack of awareness about how investigators can help, to a point I want to discuss here:
“It’s a loser case.”
You might think the evidence is stacked against your client—caught on camera, a well-investigated federal case, a snitch's testimony, or even a confession. But here's the thing: deeming these cases as “unwinnable” could be a HUGE mistake.
Sometimes law enforcement's tunnel vision and intimidation tactics can hinder the pursuit of justice. Sometimes your client can get in their own way. There are countless obstacles that can stand in the way of the truth.
At AK Investigations, we've seen "loser" cases turn around dramatically. And a thorough investigation can make all the difference.
Here’s what can go wrong if you trust that your client’s case is a “loser” and you choose to not hire an investigator:
Your client will likely lose. You trusted law enforcement and prosecution with your client’s future. You bought into their tunnel vision and are allowing gaps to exist in the story.
Your client has yet another reason to not trust the system.
You’ll show up to court unprepared which could ding your reputation.
For criminal cases, the ABA Guidelines REQUIRE defense counsel to conduct an investigation into the merit of the charges in all cases. It’s your duty to determine if your client’s interests would be served by engaging investigators. In some cases, NOT bringing on an independent expert investigator would be a violation of the guidelines. (Standard 4-4.1 Duty to Investigate and Engage Investigators)
Here’s what can go right if you hire your own independent private investigator:
You build trust with your client. If the time comes when they need to accept a plea, they’ll know you did your damnedest, built a team for them, got an investigator to ferret out the details so they know what would be coming at them at trial.
You discover that the snitch/confidential source was lying, that your client is actually innocent or less guilty than the case was presented. THIS HAPPENS.
You might discover a mental illness or intellectual disability that paints the case in a very different light.
You find out law enforcement didn’t get the full picture. Law enforcement reports can be biased or incomplete. Even in federal cases with extensive investigations, there's often more to the story than meets the eye.
It’s not our job to decide who is guilty. It’s our job to advocate.
And truly advocating means building a team and getting real perspective on your client’s case. It doesn’t matter how many hours of wire taps, surveillance or confessions you have in Discovery… I guarantee that you don’t have the full picture unless you’ve had your own investigator do a deep dive investigation.
At AK Investigations, we are committed to turning the spotlight on the overlooked and untold aspects of your cases. Let us bring our unique investigative approach to the table, helping you uncover the truth that might just make all the difference.
Sincerely,
Amber Kaset