As we discussed before, background checks are invaluable to any investigation. Background checks are considerably more than simple database reports and are an absolute necessity. After all, you don’t know what you don’t know, which couldn’t be more true than in the world of criminal defense.
As an experienced criminal defense attorney, you must agree that felony convictions and crimes of moral turpitude can not only impeach a witness’ credibility but, in some situations, disqualify them from testifying altogether. Other instances where a background check can prove invaluable would be in the realm of crimes against persons. Pick a random crime against persons out of a proverbial hat. Now imagine a situation where an investigator conducts a background check on the complainant. While doing this, the investigator conducts a cursory search of individuals listed as possible associates of the complainant. The investigator finds more than one associate who has faced the same or similar accusation as your client.
As an experienced criminal defense attorney, you must agree that felony convictions and crimes of moral turpitude can not only impeach a witness’ credibility but, in some situations, disqualify them from testifying altogether. Other instances where a background check can prove invaluable would be in the realm of crimes against persons. Pick a random crime against persons out of a proverbial hat. Now imagine a situation where an investigator conducts a background check on the complainant. While doing this, the investigator conducts a cursory search of individuals listed as possible associates of the complainant. The investigator finds more than one associate who has faced the same or similar accusation as your client.
The investigator pulls court documents, police reports, and PC affidavits for each of the accusations, only to find your complainant was the same complainant in each of the previous cases, with each case ending with a slightly different disposition. Upon closer inspection of the PC affidavits for two of the cases, the complainant made almost identical claims to what she accused your client of doing. Upon further research, after one of the possible associates had his charge dismissed, the complainant was subsequently arrested and currently faces burglary charges for breaking into said associate’s home a month later. When the investigator provides his findings, you have a situation where the complainant was found to have a pattern of falsely accusing people of the exact same crime, then found herself facing a felony charge. Very few prosecutors want to take a case to trial when their “victim” has that much baggage. And if a prosecutor is foolish enough to go to trial at that point, you have a string of certified documents to present as impeachment evidence.
Every new case should begin with a thorough background check of all parties involved. When you are ready to obtain better pleas and more acquittals for your clients, call Preferred Intelligence at 214-785-4504.
