From Sherlock Holmes to Philip Marlowe,
… movies and mystery novels have firmly planted an image of the private detective in the minds of the public. In these stories, the detective is hired by a victimized private citizen who is saved by the “private eye” and the bad guys are brought to justice.
In fact, most private detectives (also known as private investigators) are employed by law firms to assist them to win civil and criminal cases. Information is power and, often times, effective legal tactics are built on a broad spectrum of properly collected evidence by a private detective.
Civil Litigation Investigations
From divorce cases to insurance fraud to personal injury lawsuits, attorneys directly hire, or encourage their clients to directly hire, a private detective to help build the critical elements of their case. These types of investigations can include:
Technical & Physical Surveillance
For divorce cases, child custody cases, and insurance fraud cases, gathering a “pattern-of-life” on the opposing party in the case is often needed to discover behaviors that will help the attorney achieve the specific legal strategy they are pursuing for the case. Documenting, with videos and or photos, a spouse having an affair, a parent behaving inappropriately, or an individual faking an injury can be achieved by physically following the subject as they conduct their normal activities in life. This can include shopping, eating at restaurants, going to the gym, visiting family or friends, going to work, and at their residence. Once this “pattern of life” is established, the detectives can start to document the “anomalies” that are occurring. Today, there are also legal technical means that will aid, not replace, physical surveillance efforts on a target.
Surveillance should always be in consultation with the attorney to ensure the specific observations they are hoping for is guiding the surveillance methods & means. The investigation plan and surveillance strategy should be guided by the attorney’s desired end state. Choosing the right surveillance tactics enables the detective to not be compromised during the mission, while at the same time ensuring they are adhering to laws & regulations governing what a detective can and cannot do during surveillance. For example, in many States, a detective cannot trespass on private property while conducting a surveillance mission. Violating this would, of course, make whatever surveillance evidence gathered while on private property inadmissible in court. Oftentimes, the detectives are required to testify in court under oath as to the validity of the videos, photos, and observations submitted into evidence.
Hidden Asset Discovery
When dividing marital assets during a divorce case or estimating the assets of a defendant in a punitive damages civil suit, the question is always what in fact are their assets and are they attempting to hide some of them. Private detectives are often hired to answer this question and locate the actual assets. The tools to perform this can include detailed property records and tax records checks to discover unknown properties the subject may own; as well as to discover if any real estate or personal property has been transferred recently to a relative or friend. In addition to this, a forensic exam should be conducted on any provided bank records, credit card statements, and tax returns to identify any suspicious transactions or anomalous spending patterns.
Field Interviews
Law firms routinely hire private detectives to locate and interview potential witnesses. Often during these interrogations, additional previously unknown witnesses may be discovered. If the proper interview techniques and approaches are utilized, the detectives can be encouraged to open up and share previously unknown information. As part of the field interview process, the detectives may have the subject guide them to the site of the incident in question and recreate the event to discern more detailed information.
Serving Subpoenas and Legal Documents
To compel a witness to appear in court to testify or to compel an institution to submit to the court documents or records vital to a case, attorneys and judges will issue a subpoena requiring them to appear or produce. Often these people are not trying to evade being served, but sometimes they actively avoid being located. Law firms routinely hire private detectives to locate the subject in question and properly serve the subpoena. Most States require the process server to be of a certain age, not related to the subject, properly trained in the regulations of process serving, and positively identify the person served. A notarized affidavit attesting to those details is required to be returned to the law firm after serving the subpoena.
Criminal Defense Investigations
Analyzing Evidence in Discovery
Attorneys may want to hire detectives to accompany them when they are allowed to access the evidence locker to view the original evidence collected by law enforcement investigators for the case. They can assist in photographing and documenting the State’s evidence while at the same time looking for details that may be helpful for the defense’s case. Afterward, this documentation can help the detectives to assist the attorney in identifying flaws that may be exploited.
Verifying Aspects of the Law Enforcement’s Felony Report
Criminal defense attorneys will hire private detectives to take the Felony Report generated by the law enforcement investigator and attempt to identify inconsistencies in their assumptions as well as incongruities in their narrative. This analysis can then guide how the defense case will be presented and what evidence will be needed to support it.
Locate & Interviewing Potential New Witnesses
As potential new witnesses are identified through reinterviewing some of the original witnesses included in the Felony Report, private detectives are often hired to locate them and encourage them to provide new information relevant to the defense’s case.
Facilitating Crime Scene Reenactments
Private detectives often request a witness being interviewed to recount the specifics of an event and work with them to recreate it for documentation, such as new measurements of distances involved, sight line verification, and identifying aspects that are not in sync with the law enforcement crime scene photos and videos. This information is very helpful to any supporting crime scene expert witnesses being utilized by the defense.
At Vaden International, we bring decades of experience to the table, providing a comprehensive range of services that have proven invaluable to many of the leading law firms in North Carolina and across the United States.
From conducting thorough surveillance to asset discovery to analyzing evidence and crime scenes, our team is dedicated to helping legal professionals build stronger cases. Our expertise in locating and interviewing potential new witnesses, serving subpoenas, and verifying aspects of law enforcement reports ensures that no detail is overlooked.
At Vaden International, we pride ourselves on being a force multiplier for legal teams, helping them uncover critical information that can make all the difference in the courtroom. With our extensive experience and unwavering commitment to excellence, we are proud to stand alongside our clients as trusted partners in the pursuit of justice.
Why do legal teams use Vaden International? Because, we help win cases…period!