How to request public funding for a Defense Investigator
I have addressed the issues and reasons that any person charged with a serious crime should have the assistance of a defense investigator to assist his attorney.
Most individuals and even some defense attorneys are not aware that they can obtain public funds from the courts to pay for their investigator.
I see this often when speaking with someone seeking investigative assistance. They have paid out thousands of dollars for the attorney, leaving no funds for an investigator to assist the attorney with their case.
Idaho Criminal Rule 12.2 allows for this funding.
A defendant is required to submit a motion to the courts requesting public funds to pay for the investigative services that he believes are necessary for his defense. The motion seeking public funds must be submitted to the court ex-parte, (meaning with respect to, or in the interests of, one side only. The motion must be made before the investigative expense is incurred
The Motion must include the following:
Determination of Indigency is based on several factors, but mostly it based on the person’s inability to pay for this service. This is based on income, property owned, outstanding obligations, the number and ages of his dependents and the cost of bail.
As I have outlined in my other blogs, a criminal record is something that can and will affect you later if not sooner in your life.
These last few years I have assisted more and more unjustly charged individuals. From misdemeanor traffic charges to homicides.
Using an experienced investigator can sometimes make or break your case. The purpose of having an investigator experienced in police procedures and policies is to define and explain the reason certain policies and reason they need to be followed.
In a past case, I had to show how not following the procedure of properly packaging evidence allows evidence to be contaminated and tainted. Therefore, not reliable evidence and unusable in a court hearing.
Investigating crime scenes and/or criminal activity has become very complex. Scientific testing of evidence has become so refined that collecting and documenting of that evidence has to be done so in very specific manners.
Without specific policies police officers are left on their own to act on instinct, based on training that may not be specifically tailored towards handling the incident in question.
When officer’s act outside of these policies the results are disastrous.
Having someone that has the background and experience in law enforcement procedures and able to explain the reason for these to the court or other jury is extremely helpful to the case.
Often times when someone with this particularly specialized knowledge shows that procedure was not followed, there is a lack of evidence or the failure to follow up on facts the case can be reduced or dismissed.
Other ways an investigator can assist your attorney is by reviewing materials, prepare or identify evidence, identify weakness in the case, locate witnesses, Interview witnesses provide credibility to facts or show lack of credible information.
Often time an attorney will need a witness to be interviewed. This witness may not be agreeable to testifying in court. When using an experienced investigator that has recorded the interview it helpful when during the court hearing the witness tries to change their story.
Don’t take a chance give me a call and let’s discuss how I can help you.