Throughout my years as a private investigator, I have been surprised numerous times by the course an investigation has taken following the discovery of new evidence. Since most of us cannot completely understand or relate all aspects of personal experience, victims of crime and eyewitnesses will sometimes recount incomplete or inaccurate detail. To counter this, an attorney should always implement investigative steps taken by a trained investigator.

Most large law offices will have in-house investigators, but unfortunately, many wrongfully convicted individuals could not pay the high costs involved with retaining these large firms, leaving them with “the best attorney they could afford.” These smaller firms rarely use investigators, leaving a critical part in the chain of justice broken.

In 2005, we investigated a case where the words of an eyewitness were used to charge that our client had “voiced” an intent to commit first degree assault. It was established through our investigation that these crucial “words”, recounted from the original police statement and used years later on appeal by the prosecution, were misunderstood. Through interviews it was learned that the eyewitness was, in reality, describing words used by police during their efforts to arrest our client. Identifying and documenting these types of direct contradictions are common when thorough investigation is conducted.

The National Legal Aid Defenders Association recommends an investigation be conducted in every case, even those where a guilty plea has been entered. This is undoubtedly because of the possibilities like those discussed above from our recent investigation.

Our society mandates fairness in our legal proceedings. Investigation is the key to providing the even-handed justice that most expect. Wrongful convictions in this country would greatly reduce if this often assumed procedure were more commonly applied. Raising awareness of the importance of investigation is a central goal here at VoiceofJustice.com.