26 Sep In Criminal Cases the Best Defense is Often Behind the Scenes
The best way to defend a state or federal criminal case is to make sure it never gets filed. There’s two ways to achieve that goal; persuade the prosecution the client is innocent or the case is unwinnable. Kresta Daly works with an extensive network of experts to help accomplish this goal.
The lawyers at Barth Daly often start by talking to the client about going to counseling. If you’re being investigated for a crime the coming months could be among the most stressful and terrifying times in your life.
In some clients obtain a psychological evaluation. Psychology has reached the point where some personality disorders are linked to criminal behavior. Prosecutors [and courts] are increasingly receptive to this kind of information. In pre-file sex case establishing the client doesn’t have the same personality disorders as known sex offenders can go a long ways toward persuading the government not to file. By the same token, showing a person accused of embezzlement has a propensity to be a rule follower can be used to persuade a district attorney that they are investigating the wrong person.
Depending on the allegations Ms. Daly often recommends to clients they take a polygraph test. Polygraphs are almost never admissible in court but they are still a very valuable tool. Prosecutors as well as state and federal law enforcement often place a lot of weight on polygraph results. Ms. Daly researches her examiners and verifies their training as well as their reputation in the field.
Ms. Daly works with a wide variety of investigators who bring with them a range of experience. Their backgrounds range from being retired FBI and police officers to people who were drawn to the field because of their innate curiosity. Working with these investigators we can trace funds, uncover witnesses and find evidence that can be used to persuade the government not to file charges.
Letters from friends and family can be very useful. It’s important for a prosecutor evaluating whether or not to file charges to get an accurate image of the client as a person – not just as another defendant. Often times the letters sent on behalf of the client proves to be very compelling evidence about the client’s true character.
Technology can be a potential criminal defendant’s greatest ally. Ms. Daly has retained computer forensic experts to do everything from use geo-location information obtained from hard drives and cell phones to prove where people were or were not to proving who sent certain emails, whether or not certain words appeared together in emails who those emails were sent to and when. Its important not only to know the right computer experts, it’s also important to be familiar with their technology and know what they are capable of. Ms. Daly spends a lot of time keeping abreast of advances and talking with my computer experts so she can develop new ways to help clients.
Prosecutors are ethically prohibited from filing a case if they believe there is no reasonable chance of obtaining a conviction. Most prosecutors take that ethical obligation very seriously. If, months before criminal charges are filed, the defense is providing the government with expert evidence, investigation and character letters it can become clear to prosecutors that, even if they think the client is guilty, they can’t win at trial.
Sometimes the best possible defense is me working with an extensive network of experts to head off criminal charges. Most clients would rather spend a little money preventing criminal charges than a lot of money defending against them later. It’s not possible to prevent criminal charges in every case, sometimes a case being filed and going to trial is inevitable. Almost all the evidence Ms. Daly collects during the investigation phase is admissible at trial.
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