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Criminal Defense Investigation:

Criminal Defense Investigation:. BRIAN McGUINNESS – Private Investigator Certified Legal Investigator Certified Fraud Examiner McGUINNESS & ASSOCIATES Miami, FL. Speaker Background. BA Psychology – University of Connecticut

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Criminal Defense Investigation:

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  1. Criminal Defense Investigation: • BRIAN McGUINNESS – Private Investigator Certified Legal Investigator Certified Fraud Examiner McGUINNESS & ASSOCIATES • Miami, FL

  2. Speaker Background • BA Psychology – University of Connecticut • Two Years Graduate School toward MSW degree Masters in Social Work – Barry University • 1973-1978 Rehabilitation Counselor – State of Florida

  3. Speaker Background • 1978-1985 Criminal Defense Investigator Miami Dade County Public Defender Office • 1979 Nova University Law School (leave of absence) • 1985- Present with McGuinness & Associates Private Investigations

  4. ROLE of the CRIMINAL DEFENSE INVESTIGATOR

  5. DEFENSE ATTORNEY PERSPECTIVE • QUALITY CONTROL • OBLIGATION TO CLIENT • PRESUMPTION OF INNOCENCE • USE of QUALIFIED DEFENSE INVESTIGATOR & EXPERTS

  6. RESPONSIBLE FOR: GATHERING THE FACTS REPORTING THEM WITHOUT BIAS TO ATTORNEY REPRESENTING THE CLIENT Criminal Defense Investigator:

  7. Criminal Defense InvestigatorPerspective • Professional • Business Like • Methodical • Thorough

  8. Defense Attorney Perspective • CONSIDERATIONS when retaining a qualified Criminal defense investigator

  9. Choice of Defense Investigator • Should be Case Specific • Assess strengths & weaknesses

  10. Choice of Defense Investigator • Issue re: are men more able to go into tough neighborhoods to conduct investigations • Issue re: race of investigator as determining factor for selection • Issue re: are women better listeners? • These are issues that should be addressed • Is your investigator your golf buddy or the best choice for the job at hand?

  11. Choice of Defense Investigator • Ask about relevant experience • Ask about background • Ask what other criminal defense lawyers have used your services • Ask about approach to the case at hand • IF YOU HAVE A COMPETENT, QUALIFIED INVESTIGATOR, HE OR SHE WILL BE QUITE WILLING TO ANSWER

  12. INVESTIGATIVE SKILL SET

  13. Investigative Skill Set Primary Interviewing Skills / Techniques Ability to Locate Witnesses Research Backgrounds of witnesses, victims & experts including Social Media Database Search Strategies Public Record Knowledge

  14. Investigative Skill Set Secondary • Photography: Digital / 35mm • Videography

  15. Build InvestigativeSkill Set • INTERVIEW TECHNIQUES – A Critical Skill • FINGERPRINTS • DNA EVIDENCE • TRACE EVIDENCE: Hair, Fiber, Tool Mark • BLOOD SPATTER • CROSS-CONTAMINATION • COMPUTER FORENSICS - Email Tracing

  16. Build InvestigativeSkill Set • Attend Investigative / Educational Seminars • Read: Forensic / Investigative magazines / Bar Journal Articles • Legal Investigator NALI • Forensic Magazine

  17. Build Investigative Skill Set • PI Magazine • NACDL The Champion • Criminal Defense Certification Programs – Consider training and certification

  18. HOW TO DIFFERENTIATE YOURSELF FROM THE PACK

  19. HOW TO DIFFERENTIATE YOURSELF FROM THE PACK • Take a CREATIVE approach to each case • Use CREATIVITY if you are gifted in this area OR develop it if you are NOT

  20. HOW TO DIFFERENTIATE YOURSELF FROM THE PACK • If you are an investigator that simply awaits instruction, you are destined to have a mediocre career • defendants are not going to get the proper representation that they deserve

  21. HOW TO DIFFERENTIATE YOURSELF FROM THE PACK EDUCATION • If you truly consider yourself a “professional” investigator then you have to maintain a Continuing Education program • If you want to get an edge on the “competition” then take it upon yourself to constantly educate yourself in a cross-disciplinary method

  22. HOW TO DIFFERENTIATE YOURSELF FROM THE PACK • Working on a bombing case/ Get up to speed: • Pick up a copy of the Anarchist’s Handbook • Get online re: IEDs – Improvised Explosive Devices • Contact a colleague or contact w/ ATF experience

  23. HOW TO DIFFERENTIATE YOURSELF FROM THE PACK • READ WHAT LAWYERS ARE READING • BAR JOURNAL ARTICLES / BOOKS • WORKING A CAPITAL DEATH CASE – BE FAMILIAR W/ DEATH ROW ISSUES / LAW

  24. HOW TO DIFFERENTIATE YOURSELF FROM THE PACK • Be familiar with hot button defense issues • DNA Exonerations – Barry Scheck, Esq. – The Innocence Project

  25. HOW TO DIFFERENTIATE YOURSELF FROM THE PACK • ANTICIPATE CASE SPECIFIC ISSUES • FOCUS ON ISSUES - One at a Time • COERCED CONFESSION – Read everything you can on the issue • SELF DEFENSE – Know the legal standard Be prepared to discuss w/ Defense Counsel

  26. HOW TO DIFFERENTIATE YOURSELF FROM THE PACK Be a “Utility” player - Excel at • Interviewing / Obtaining Statements • Conducting backgrounds / developing impeachment material for attorney • Cost effective witness location

  27. How to Differentiate yourself from the Pack • Photography / Videography • Have the Necessary Equipment • Being a Skilled Witness in Court • Demonstrative Evidence Skills – Timelines etc.

  28. How to Differentiate yourself from the Pack Review / Purchase : • State Rules of Criminal Procedure • Federal Rules of Criminal Procedure • Be familiar w/ legal terminology • Be familiar w/ basic motions in criminal defense cases: Brady Motions / Motions in Limine

  29. Creativity • Role of pretext interviews • Use of atypical police and public records -Police Incident Reports can be gold • Developing information from likeminded or defendant sympathizers • The “Doorknock” approach – a vanishing art

  30. BUILD AN INVESTIGATIVE LIBRARY • There is so much to KNOW in the investigative field • To be a well rounded investigator means a well READ investigator • Spend the money, it will pay off • Purchase books, subscribe to magazines, professional journals • Reference Books – use as needed

  31. Building an Investigative Library • Research online subjects such as blood spatter on search engines “Google” • Check results against online Booksellers ex. Amazon.com • Review – Online: Table of Contents, Index Critiques • Check Library for book – review before buy • Contact professionals in the field for recommendations

  32. IRE.orgInvestigative Reporters & Editors5th Edition of Handbook

  33. RECOMMENDED~READING The Investigative Reporters Handbook, Fourth Edition A Guide to Documents, Databases and Techniques By Brant Houston, Len Bruzzese and Steve Weinberg Check www.ire.org

  34. RECOMMENDED READING: Advanced Forensic Criminal Defense InvestigationsEditor: Grace Castle Co-Author: Paul J. Ciolino Lawyers and Judges Publishing

  35. A Manual of Private Investigation Techniques, Developing Sophisticated Investigative Business Skills to Meet Modern Challenges William F. Blake Publisher: Thomas 26 Chapters including: *Homicide & Questionable Death *Basic to Advanced Skip Tracing *The Art of the Background

  36. Advanced Private Investigation - A Manual of Advanced Investigative Skills for the Private Investigator • William F. Blake – Thomas Publishers • Capital Defense Investigation • Polygraph Examination • Defending the Criminally Accused • Internet Profiling • Computer Forensics

  37. Forensic Science: An Introduction to Scientific and Investigative Techniques Second Edition by Stuart H. James and John Nordby CRC Press Chapter Honorable Mention: Techniques of DNA Analysis

  38. RECOMMENDED READING • Death Investigator’s Handbook • By Louis N. Eliopulos • 8 1/2 x 11, softcover, photos, illus., 976 pp.

  39. Be Conversant on Criminal Defense News

  40. Aug 12, 2013 Justice Dept. moves to cut down on minimum sentencing Important move will attenuate War on Drugs while wresting undue power from prosecutors' hands

  41. Justice Dept. moves to cut down on minimum sentencing • Attorney General Eric Holder announced Monday that the Department of Justice (DOJ) aimed to overhaul federal minimum sentencing laws, particularly to help those facing low-level drug charges from facing prosecution and lengthy minimum jail-time. • During an American Bar Association speech Monday, Holder plans to say: “Today, a vicious cycle of poverty, criminality, and incarceration traps too many Americans and weakens too many communities… However, many aspects of our criminal justice system may actually exacerbate this problem, rather than alleviate it.”

  42. Justice Dept. moves to cut down on minimum sentencing • The New York Times noted on Holder’s prepared remarks that he plans to detail the extent of the over-incarcertion rate and its roots in the War on Drugs. The A.G. will comment that while the American population has grown by about a third since 1980, its prison rate has increased nearly 800 percent. • At the federal level, more than 219,000 inmates are currently behind bars — nearly half for drug-related crimes — and the prisons are operating at nearly 40 percent above their official capacity.

  43. TechnologyImpact on Criminal Cases • Police mini-helicopter spy drones FAA required Certificates of Authorization (COA) for drones that fly above 400 ft. • GPS-cellular phones – we all have had cases where it’s an issue • GPS Tracking devices on vehicles : Police / Private

  44. Police Spy Drones • The Spy Drone that looks as if it has come direct from a Star Wars movie can: • Travel at 57mph • Reach an altitude of 10,500 feet.

  45. SPY DRONES – New Police Technology • PR New Wire - Source - Reuters • Miami Dade police get all the best gadgets, just watch an episode of CSI Miami and you will see what I mean. Well it now looks as if this U.S. police force is about to take possession of these Spy Drones. • These Honeywell Micro Air Vehicles has forward and downward looking cameras and can set 100 different way points.

  46. Technology • Cellular telephone geo-location by police • Digital records can hurt and help the defense • Bar code readers in parking lots • Manual car tag tabulation at airports • SunPass/ EasyPass records: time and location of exits

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