What to do when your employees are targeted by a stalker in the workplace

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What to do when your employees are targeted by a stalker in the workplace

 

 

Stalker in the workplace? How can you help employees when you find out they are being stalked by a customer/client or someone they know personally?  The natural instinct of most people is to contact law enforcement. Unfortunately, the Police typically won’t even take a report unless you can show at least 7 documented contacts by the alleged workplace stalker. Here are some tips if you have employees who are involved in stalking situations…

Gather as much identifying information on the stalker as possible:

  • Full Name
  • Physical Description
  • Age/DOB
  • License Plate Number
  • Vehicle Make & Model
  • Social Media Profiles
  • Cell Phone Number
  • Last known address

Document all interactions:

  • In person
  • Phone
  • Email
  • Text
  • Visual or physical contact with other employees
  • Social Media
  • Security Camera Footage

Conduct a Background Check:

A discreet background check conducted by a professional investigator can provide valuable information to assess the level of threat the stalker could pose.  If any criminal information (Arrests, Convictions, Watch List, Sex Offender Registry, Stalking) are found, this information should be presented to law enforcement as it will do two things.  First it will give more credibility to the threat and second it will force law enforcement to dig deeper because they have actual knowledge that they cannot ignore in fear of the threat escalating.

Recommendations/Accommodations:

  • Hire a security guard to be visible and present at your business
  • Escort employees to and from their vehicles before and after work
  • Install-Update Security Cameras
  • Advise employees to update privacy settings and/or remove personal identifiers (Phone, Email, Address) from their Social Media accounts

Impact on Stalking Victims:

  • 1 in 8 employed stalking victims lose time from work as a result of their victimization and more than half lose 5 days of work or more.
  • The most commonly reported stalker tactics by both female and male victims of stalking are approaching the victim or showing up in places where they do not belong, workplace, home, family gatherings. Making unwanted telephone calls to home and workplace, leaving the victim unwanted messages, watching or following the victim from a distance, and spying on the victim with a listening device, camera, or global positioning system.
  • 11{2f3748b5ca5ab0ef62f1154c571df9c56b0d52fa28ba96fa4f869e5919b9e929} of stalking victims have been stalked for 5 years or more.
  • 2/3 of stalkers pursue their victims at least once per week, many daily, using more than one method.
  • The majority of stalking victims are stalked by someone they know: 61{2f3748b5ca5ab0ef62f1154c571df9c56b0d52fa28ba96fa4f869e5919b9e929} of female victims and 44{2f3748b5ca5ab0ef62f1154c571df9c56b0d52fa28ba96fa4f869e5919b9e929} of male victims of stalking are stalked by a current or former intimate partner, 25{2f3748b5ca5ab0ef62f1154c571df9c56b0d52fa28ba96fa4f869e5919b9e929} of female victims and 32{2f3748b5ca5ab0ef62f1154c571df9c56b0d52fa28ba96fa4f869e5919b9e929} of male victims are stalked by an acquaintance.
  • 46{2f3748b5ca5ab0ef62f1154c571df9c56b0d52fa28ba96fa4f869e5919b9e929} of stalking victims experience at least one unwanted contact per week

Additional Reading:

http://victimsofcrime.org/our-programs/stalking-resource-center/stalking-information#what

http://victimsofcrime.org/docs/src/analyzing-stalking-statute.pdf?sfvrsn=2

 

 

 

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Brand Protection / Anti-Counterfeiting

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Brand Protection Anti-CounterfeitingCreation, monitoring and protection of Brand Assets (Intellectual Property) is something that is often overlooked until brand protection becomes an issue. The issues often appear when counterfeits show up online on popular eCommerce sites like Amazon, eBay, Alibaba and others. Clients and customers request warranty work or exchanges of non-genuine goods. Even worse when distributors complain that their competitors are undercutting prices and selling counterfeits. Understanding the importance of intellectual property protection is crucial for minimizing risks.

Here are some things that businesses can do to mitigate exposure to brand erosion, customer confusion and counterfeits,  as well as ways to protect intellectual property.

Control, monitor and audit your supply chain:

• Conduct extensive research on your contract manufacturers and other business that impact your supply chain (Background Research, Litigation Research, Credit Profile)
• Request the ability to conduct audits of your suppliers
• Investigate any affiliated business or online resale channels of your suppliers & manufacturers.

If your brand ends up in the hands of infringers, diverters and fraudsters, here are a few things you can do to identify and enforce:

• Undercover Buys / Evidentiary Buys
• Identify / Trace Sources of Infringement
• Cease & Desists Letters – In-person delivery of C&D letters accompanied with an interview can prove valuable in letting the infringer know that you are serious and you can often uncover valuable information about other players through this process.
• Seizures (Civil & Criminal)
• Create & Implement Online Brand Protection Programs
• Register your trademarks with ICE for enforcement at the borders
• Conduct discreet (undercover) visits at contract manufacturers, partners and distributors

These intellectual property protection examples are effective strategies to helping mitigate risks and prevent further damage. Admissible evidence is crucial to brand protection, so it is best to work with an outside law firm and trained private investigation firm that can obtain evidence of infringement/counterfeiting that will hold up in litigation. Please contact our offices at 949-900-3400 for assistance.

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Guest Blog: Crafting a Social Media Policy that Protects and Promotes Your Company – By Katie Wagner, President of KWSM, a digital marketing agency

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Crafting a Social Media Policy that Protects and Promotes Your CompanyIn today’s digital age, companies are faced with a dilemma. You want to use social media to promote your business, but you’re wary of letting employees post on the channels. Indeed, social media can be a double-edged sword. Business owners need to understand both the power – and the risk – involved.

Your employees are using social media. About three quarters of adults who go online participate in social networking. Most business owners recognize the risk involved – team members could share confidential information, misrepresent the company, or even speak negatively about their employer. And yet, 73% of companies don’t have a written social media policy. Read more

There’s always a risk of an employee misusing (either intentionally or accidentally) a company social media account. Stories of these mishaps are frequently in the news. And if it can happen to McDonalds , it can happen to your company.

In 2005, Microsoft came out with this social media policy: “Be smart. Don’t be stupid.”

While many of us wish that sentiment were enough to govern responsible online behavior, today we have to go a bit further. Here are some key points to keep in mind when drafting social media rules for employees. Here’s how:

SET REALISTIC GOALS

The best social media policies don’t try to prevent every tricky situation that could arise or lay out how each one should be handled. (Social media changes too fast for that approach to be effective.) Instead, they empower employees to work within guidelines, make good choices, and avoid pitfalls.

Don’t try to dictate every aspect of every social media channel. Again, the sites change and your policy will be out of date quickly. You can implement separate written guidelines for each social media channel to cover the details, but your overall policy should focus on the big picture.

STRUCTURE YOUR SOCIAL MEDIA PROGRAM

Your policy should clearly outline who will be communicating on social media on behalf of the company. If this responsibility will be handled by a team, ensure that everyone is on the same page about the type of content that will be used, and the brand voice and personality.

You will also need to decide whether social media content will need to be pre-approved. How does the approval process work? If approval is not necessary, be clear about guidelines for what should not be posted – confidential or not yet released information about the company, your employees or your customers should never appear on social media.

Make sure to include guidelines on responding to customer questions and feedback. It’s a good idea to craft standard responses that can be issued in the case of common questions, and especially in the case of negative feedback. There should be a protocol for responding to angry or unhappy customers – it’s never a good idea to allow an employee to wing it, especially in an emotionally charged situation.

OUTLINE AFTER HOURS BEHAVIOR

Many companies choose to have two social media policies. One for employees who post on social media as part of their job, and one for employees using social media in their personal lives.

Even if they are posting on their own social media accounts, chances are, it’s pretty easy to figure out where your employees work. How they present themselves online will reflect on your company. Your policy should alert employees that offensive or inappropriate comments, or illegal behavior that shows up on social media could affect their good standing at work. They must represent themselves according to the code of conduct of your company and brand.

Tread lightly when telling employees what they can and cannot post. It’s smarter to educate them about how their online behavior reflects on your company, and train them on best practices for professionals in their position.

Once you have crafted a policy for your company, it’s a good idea to have it reviewed by an attorney. There are certain legal aspects that need to be considered. The National Labor Relations Board has taken a firm stance on these policies, saying that employers can’t prevent or suppress discussion about the terms and conditions at work.

REVIEW, TRAIN, REPEAT

Once you have a written social media policy in place, you will need a plan for how to roll it out to employees and train them to follow your guidelines.

In the case of new employees, your policy can become part of the onboarding process. It can be reviewed at the same time as the company handbook or other policy documents.

The digital environment changes quickly and maintaining an up-to-date policy means reviewing it every 6 months to ensure that nothing needs to be updated or changed. This gives you an opportunity to revisit the policy with your team, and reinforce it.

By providing education for your staff about online best practices, you are preventing problems before they start. Therefore, the importance of a social media policy in the workplace can be the deciding factor of company success.

Let’s not forget that there are many upsides to using social media at work. These channels can be used to market your company, launch a new product or build a community around your area of expertise.

As a business owner, you probably don’t have time to run them yourself, so you will need to trust your employees to post and respond without your guidance. A good social media policy is one that allows you to focus on other parts of your business. Use this information as a social media guideline for your employees and be vigilant about what they’re sharing!

– Katie Wagner – President, KWSM, a digital marketing agency

Connect with Katie on LinkedIn here

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Domain Tools – by Mike Santoni

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Domain Tools by Mike SantoniI find that Domain Tools is a good resource to determine the registration information about a domain name (otherwise known as “Whois”).  The registration will supply information about the name of the registrant, their address, phone number and email address. It also lets you know who the registrar is for the domain name. If the registration is privacy protected (registrars supply this as a service to protect the identity of the registrant), in Domain Tools you can review the Whois History. Oftentimes, when someone creates the domain, they list their name, address, etc. and then later down the line, they decide to privatize it. But with the Whois History, you can review all the registrations and updates dating back to the creation of the domain.

If the domain is privatized, you can send an email through the registrar that hopefully will get to the true owner. However, if you know the name, etc. of the true owner, you can then do some background on that person to determine if they are “domainer” (someone who owns numerous domains and will often squat on them until they get the right offer to sell), a company with a legitimate business reason for having the domain, a private individual who only owns this domain (Whois will tell you how many domains are affiliated with the registrant’s email address), etc. Knowing this type of information supplies you with information on how to best negotiate buying the domain from the registrant.

To get the Whois History, you need to subscribe to the paid version of Domain Tools, but it’s invaluable.

– Mike Santoni

Connect with me on LinkedIn here

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Throwback Thursday – 40 Years, What I Have Learned – by Mike Santoni

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What I have learned in 40 Years Mike SantoniWhen I first got into the private investigation business in 1976, the landscape, technology, etc. was completely different than today. For public records such as voter’s registration records, court records, recorder’s office records, etc., it was necessary to take all your cases, get in your car and travel to all the various offices that housed those records and do an in person search. Even the criminal and civil records were in different court houses, depending on the county.

We had to rely on phone books (both white pages and yellow pages) and maintained a library of phone books for all of California and the rest of the U.S., not only for the current year, but for past years as well. And to research neighbors and their phone numbers so we could call them to get information, we relied on the Haines Criss Cross Directories that had phone listings by address. We would get updates on these Haines Directories every quarter or so, but the problem was they were out of date when we first got them. The only thing in our favor was back then, people seemed to move a lot less and landlines were the norm, not the exception.

Because our access to public information was not so readily accessible, it was very important to develop effective interview techniques.  This was absolutely necessary whether you were interviewing the subject of your investigation, a neighbor, an informant or whoever. Once you got that person on the phone, it was very necessary to obtain any and all of the information that you could at that time. This was important as people tend to give out more information about anything if they don’t have time to think about it. Once they have time to think, they begin to question everything, from who you are, why you’re calling, why you want the information, etc. The goal (and this applies to today also) is to get all the information you need and then have the person ask the questions to themselves once they hang up the phone.

Also, it’s very important to listen to what the person you are interviewing is saying (once again, this is just as important today as it was 40 years ago). For example, if you are interviewing a subject’s mother and trying to learn the subject’s whereabouts, and the mother tells you she has not seen or talked to her son/daughter for x number of months, has no contact information, no idea how to get hold of them, it’s almost always a good bet the subject is in jail or prison. It could also be that the mother and son/daughter had a falling out, but usually not. But always listen to the tone of what they are saying and how they are wording what they are saying.

Today, with the new technology and having most information at our fingertips, we can investigate more efficiently and more cost effectively. But we also have to recognize that not everything we read on the internet is true. People make up Facebook profiles, LinkedIn profiles, etc. And even if they’re not made up, a lot of people don’t update their profiles on a regular basis. So, if your subject lists on his Facebook page that he lives in Los Angeles, it may or may not be true. He could have lived there at one time and moved and not updated his profile. Or, he might have made up his city of residence all together.

It becomes very necessary to review ALL the information you are able to gather on an individual. This will give you somewhat of a story about the subject and then you can proceed from there. But just any one piece of information is not likely to tell you what you need to know. A database report (such as TLO) is great, but you need to read and review the report for clues on what may be true or untrue. A database report also gives leads to relatives (usually great sources of information because most of them are probably not hiding like your subject), prior addresses, phone numbers, email addresses, business affiliations, utility records, Consumer Public Filings (negative credit), etc.  If someone has a judgment for unlawful detainer that is indexed to their name and an address you know about, then that person is not going to be living there since he was sued by the property owner for nonpayment of rent.

I have several favorite tools for investigations, depending on what I’m looking for. For residence history, Consumer Public Filings, utilities, etc., I like to use TLO. For phone research, I find that Skip Smasher seems to have the best information. For trademark cases, I like to review the filings on the USPTO website. Going through all the documents filed (including application, specimen, etc.), you usually will find a lot of clues about what you are investigating.

The internet is a great thing, but there is no substitute for getting on the phone and calling someone to usually obtain the best information.

– Mike Santoni

Connect with me on LinkedIn here

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4 Online Investigations Tools – Internet Investigations Tools

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4 Online Investigations Tools – Internet Investigations Tools

[kad_youtube url=”https://youtu.be/4bQIpHyAdKc” ]

 

1) Domain Tools

WHOIS information or domain ownership information is like property ownership records for domain names.

The paid version is great for obtaining historical domain ownership records which allows you to see who owned a domain name before it was privatized. It also give you chain of ownership like a title report on a house.

We use this tools when we need to locate the owners of privatized domain names who are potentially infringing on our client’s trademarks and we also use it when we need to contact owners of domain names that our clients are looking to acquire.

2) TOR Browser

Is a FREE browser that works on Windows, Mac and Linux computers. The Tor browser protects your identity and location by bouncing your communications around a distributed network around the world. This tools is great if you are making undercover buys or inspecting your competitors websites and you don’t want to leave a trace.

One drawback is that because the traffic is being bounced around the world your connection can seem a bit slower at certain times of the day and night.

3) Archive.org / WayBack Machine

Historical pages on a website.
Products, services and company information
Cached sites on the WayBack machine can be navigated.

4) Open Source Intelligence (OSInt) Qwarie

This free tool has numerous searches for Open Source Intelligence information namely social media. The one tool from Qwarie that we want to highlight on this video is the Facebook content lookup tool.

First off you need to locate the Facebook ID of the profile you are looking to research. This can be done by copying the URL of the Facebook profile from Facebook.com and pasting it into Lookup-ID.com. Once you have the Facebook ID you can paste it into the the Qwarie Facebook search.

This tools is great for locating photos and videos that were taken down by your subject but are still on their friends or families pages or were commented on by friends. This tools is also very useful in showing links between two people on Facebook.

This tools it the closest thing there is to finding “deleted” Facebook photos and content.

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Locate Investigations are more Than A Database Search

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Locate Investigations are more Than A Database Search

A locate investigation involves much more than a search of a commercial database like; TLO, IRB, Accurint, Westlaw, LexisNexis, Tracers, etc.  An investigator who is proficient in tracking down people (Locate Investigations, Skip-Tracing, Witness Locates) needs a variety of tools.  Some of the tools are free like social media (Facebook, LinkedIn, Twitter, Instagram), Corporate Records, and Court Records. Others like the ones referenced above cost money.

In most cases a combination of commercial (paid) databases, letters, OSINT (Open Source Intelligence) and discreet phone calls are required to confirm the whereabouts of a subject or target.

If you need to locate a subject for the purposes of serving it is crucial that you send out “Letters to the Postmaster.”  We recommend that you send letters regarding any previously known addresses and any new addresses that you develop through a database search.  The postmaster requests take some time to get back, but you can determine if the subject is CONFIRMED to received mail at the address, MOVED and left no forwarding or is NOT known at the address.  When you are serving a Summons & Complaint a letter from the postmaster can give you standing for sub-service under (415.20 (b))

Section 415.20 (b) of the California Civil Code Of Procedure States: If a copy of the summons and complaint cannot with reasonable diligence be personally delivered to the person to be served, as specified in Section 416.60, 416.70, 416.80, or 416.90, a summons may be served by leaving a copy of the summons and complaint at the person’s dwelling house, usual place of abode, usual place of business, or usual mailing address other than a United States Postal Service post office box, in the presence of a competent member of the household or a person apparently in charge of his or her office, place of business, or usual mailing address other than a United States Postal Service post office box, at least 18 years of age, who shall be informed of the contents thereof, …

What if a traditional locate investigations still doesn’t work?

In cases where you cannot locate your subject, we recommend locating people that would know how to contact your subject and where he or she might be living or working.  We call this practice using the “EX Factor” (VIDEO on Locating People Using the Ex-Factor).  This could be an ex-spouse, ex-partner, ex-neighbor, ex-employer…

If you want to know why locate investigations are much more than database then watch the video below and get the whole story.

 

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Worldwide Study Reveals the Need for Professional Infidelity Surveillance

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Infidelity Surveillance

Two studies by Condom manufacturer Durex, The Sexual Wellbeing Survey and Face of Global Sex study, which were overseen by Harris Interactive, provide fascinating facts and figures about sexuality and infidelity all over the world.  For both studies, the condom manufacturer conducted interviews with over 29,000 people in 36 countries. Although the survey covered a wide variety of issues concerning sexuality, the results for questions relating to infidelity are the most eye-opening.

Of the 36 countries surveyed, Nigeria ranked the highest for both male and female cheating. The United States was not far behind, at eighth of 36. The survey found that 10 to 15{2f3748b5ca5ab0ef62f1154c571df9c56b0d52fa28ba96fa4f869e5919b9e929} of American women and 20 to 25{2f3748b5ca5ab0ef62f1154c571df9c56b0d52fa28ba96fa4f869e5919b9e929} of American men are unfaithful at least once in their lives. Other studies, conducted in the United States from 1980 through the mid-2000’s report similar findings: about 25{2f3748b5ca5ab0ef62f1154c571df9c56b0d52fa28ba96fa4f869e5919b9e929} of Americans in committed relationships report that they have cheated.

Many observers believe that the advent of the Internet and the expansion of new means of communication like texting have led to an increase in infidelity, by making it easier to conduct secret conversations. But the same is true about new equipment and infidelity surveillance: an ever-expanding array of new technologies make it easier for professionals to discreetly ascertain whether a partner is being unfaithful and if so, whether he or she is also hiding assets.

Though many who suspect an affair begin by downloading various apps that provide information about a spouse’s online habits, professional investigators have access to high-end technology plus expertise in professional surveillance that those who fear the worst about a partner need. Many of our clients contact us after using some form of at-home surveillance. Their suspicions raised, they turn to professional investigators, who can conduct a thorough inquiry and provide confirmation and hard evidence.

The next major study of sexuality and infidelity around the world is scheduled to be conducted by the end of the decade. It remains to be seen whether infidelity rates will rise and, if so, how technology will keep up with increasing unfaithfulness.

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Criminal Background Checks for Student Athletes & Professional Athletes

Criminal Background Checks for Student Athletes & Professional Athletes

Are criminal background checks being conducted on student athletes and professional athletes prior to the scholarship offer or big contract? Is it legal to conduct these types of searches? Are they conducted, but not spoken about?

NCAA sanctioned college sports drive a tremendous amount of revenue to the colleges and universities that participate. Turning a blind eye to criminal issues that their student athletes AKA revenue generators have been involved with might be a standard practice. At the professional level if you are going to sign someone to a huge contract shouldn’t you know a little bit about their past? Suspensions, fines and bans can impact your bottom line.

In a an article written by Education Week they published a report that lays out the results of criminal background checks run on more than 2,800 players on the pre-season rosters of the Sports Illustrated preseason top 25. “The findings were chilling: Seven percent of the players in the preseason Top 25, a total of 204 student-athletes, had been charged with or cited for a crime, and dozens of players had multiple arrests on their records”

The recent domestic violence case involving Ravens running back, Ray Rice, brought the domestic violence issues and criminal behavior of NFL athletes to the forefront when TMZ aired the security camera footage that showed Ray Rice knocking his wife unconscious and then dragging her away like a rag doll.

The bigger problem with professional athletes is that the behavior is widespread and there are several repeat offenders. There are no policies in place to really penalize the offenders. A report by NBC News states that there at least a dozen players besides Ray Rice with domestic violence arrests that are stilling playing on Sundays.

According to a report by CNN, “Domestic violence accounts for 85 of the 713 arrest of NFL players since 2000 in a database compiled by USA Today.”

The public relations nightmare that ensues when a college or professional athlete commits a crime or has a lapse in judgment is costly in many ways. Conducting thorough interviews, background checks and educating the athletes are all great ways to mitigate these types of horrific situations.

A comprehensive background-screening program would involve conducting interviews of family members, neighbors, friends, school administrators and coaches. Conducting criminal background checks and driving record searches prior to the offer, continuing to monitor criminal activity during the course of their scholarship or contract and then having the athletes re-checked every time they are negotiating a new contract or moving from one level to another. Additionally the institutions and professional franchises should set themselves up to receive notifications from the DMV for any violations, charges or accidents as a result of driving.

The challenge at the collegiate level is that many of the athletes may have committed crimes while they were minors and those criminal records are typically sealed and possibly destroyed once the athlete reaches the age of 18.

In an article posted by the United States Sports Academy they found that only two schools (Texas Christian University – TCU & Oklahoma) perform criminal background checks on their recruits.

By implementing a background screening policy at the college level the high school athletes might think twice before committing crimes that could effect their recruitment process and whether or not they receive scholarship offers. Additionally, a policy of screening recruits and professional athletes would substantially mitigate violent behavior on college campuses including, but not limited to assault, rape and sexual assault.

One study published by The Associated Press in 2011 found that “Studies have estimated that while male athletes only constitute a small percentage of the college community, they are responsible for nearly one-third of the sexual abuse crimes (Cullitan, 2010).

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How To Find and Work with a Private Investigator in a Criminal Defense Case

What does a criminal defense investigator do?

A private investigator working on behalf of a criminal defense attorney is working primarily as a finder of fact. In criminal defense cases, the investigator is usually tasked with developing exculpatory evidence of some kind – in other words, evidence which can be used to contest the criminal charges faced by the defendant. The specific exculpatory evidence will be different in almost every case.

For example, let’s take the hypothetical case of Ray. Ray was given $5,000 in cash by Jim. Jim claims that Ray was supposed to take the cash and give it to the contractor who was fixing his roof. In fact, Ray uses the cash to buy a used car for himself. Jim calls the police and files a police report, and Ray is arrested on the charge of larceny, a felony under California Penal Code section 484(b) that carries a maximum penalty of a $10,000 fine, up to one year in prison, or both. In this hypothetical scenario, Ray claims Jim knew that the cash was going to be used by Ray to buy a car. Ray claims that both Ray and Jim, joined by a mutual acquaintance Bob, discussed the transaction several days before the cash changed hands. Bob, unfortunately, was not available to talk to the police at the time the arrest was made, has since left the state, and has not been located.

Ray’s defense attorney calls a private investigator to assist. The investigator uses any information Ray is able to provide about Bob – his full name, approximate age, and his former California phone number – and conducts a locate investigation, using the basic information to develop and confirm his current whereabouts. These findings are shared with Ray’s lawyer, who discusses them with Ray.

Ray’s defense counsel then instructs the private investigator to contact Bob and obtain a recorded statement, under oath, detailing his recollections of the discussion between himself, Ray and Jim about the cash. In this case, the investigator is both a licensed private investigator and a registered public notary, and with these two credentials is able to take Bob’s sworn statement that he indeed recalls Ray and Jim discussing and reaching agreement that the cash would be for the purchase of the car and not for the roof repair as Ray alleged in his statement to police.

Such a statement may be used directly by defense counsel as prima facie evidence of the invalidity of the criminal charge – for example, to support a motion for dismissal. In other instances, defense counsel may wish to subpoena Bob to appear in court for deposition or testimony at trial, during which time his prior statement to the investigator could be introduced as evidence. The investigator may also be called to testify as to the circumstances under which the statement was taken and to support its being introduced as evidence.

In other cases, the exculpatory evidence identified by a private investigator may be very different. In a case where fraud is alleged, an investigator may be retained to conduct forensic analysis of electronic or physical records to identify facts and inconsistencies which the defense attorney could then use to support their case. Or, in a motor vehicle case, an investigator may be engaged to help reconstruct the conditions of the incident, including video surveillance of an intersection or other premises at a certain time of day or capturing evidence of sight lines, normal traffic flow and volume, and other factors which may have contributed to an accident, and may find that the facts presented in the case against the defendant are impossible or implausible for any number of reasons.

The most important thing is to make sure you work with a criminal defense investigator who understands how to develop factual evidence that will both be admissible in a court of law but also is directly relevant to the points of law in the case. Criminal statutes detail specific elements of the crime which must be proven in order to obtain a conviction. An expert criminal defense investigator will understand those elements and frame their investigation to develop evidence that speaks directly to the elements of the crime.

How should you choose a criminal defense investigator?

First, be sure the investigator is licensed. In California, as in many other states and local jurisdictions, private investigators must be licensed and should display their license number on their website, reports, business cards, advertising and similar materials. If you encounter an unlicensed investigator, you should file a report with the appropriate licensing agency (in California, private investigators are regulated by the California Department of Consumer Affairs Bureau of Security and Investigative Services, who maintain a website where any individual can validate the license status of private investigators, private security companies, locksmiths and similar security-related professions. See this page).

It is also important to become comfortable with the investigator’s experience and expertise conducting the type of investigation you need. Criminal defense investigation requires a particular skill set and aptitude, and not all investigators will be qualified or competent to perform criminal defense investigations well.

Any reputable investigator will be willing to freely discuss their experience with a particular area of investigation, and should provide a free initial discussion or consultation based on the specifics of your case. Most trustworthy investigators will also provide references if requested.

What qualifications should you look for in a criminal defense investigator?

Beyond the licensing requirements discussed above, a good criminal defense investigator will have a solid understanding of the law. Some may even have gone to law school, or worked as a member of an in-house investigation team, such as are used by the district attorney’s offices or many insurance carriers (who refer to these in-house investigators as SIUs, or Special Investigation Units). Some investigators may be retired law enforcement, retired military and/or retired intelligence personnel. While these qualifications each add a particular benefit to an investigator (for example, a retired Sheriff will most likely have a few good contacts with the local Sheriff’s department), it’s important to look beyond the badge. Make sure the investigator has the right attitude and mindset. Psychometric training and experience is an extremely valuable skill for a private investigator, as this provides an extremely useful toolset to “read people” and get subjects to state what they otherwise might not divulge.

What should you expect when working with a criminal defense investigator?

Any reputable private investigator – whether working as a criminal defense investigator or in another area of practice – should provide you with a full estimate, up front, of the expected costs of the investigation; should provide you with regular updates, according to criteria you and the investigator discuss and agree to at the start of the investigation, so you are aware how the investigation is progressing and how far you have moved toward the investigation’s estimated total cost; and, at the conclusion of the investigation, the investigator should provide you with copies of all information obtained on your behalf accompanied by a written report. In some cases, it may be advantageous to waive the written report – for example, in a criminal defense investigation where an investigator has uncovered information that supports the prosecution’s case, an attorney may opt for a verbal report to avoid the creation of a document which later may be subject to discovery by opposing counsel.

On the topic of confidentiality, it is worth underscoring that in California, licensed private investigators operate under the terms and protections of the California Business and Professions Code, which gives private investigators a substantial degree of power to avoid disclosure of information generated during an investigation. While private investigators are required by statute to divulge their findings to their client, they are empowered to not disclose information if their client has not authorized such disclosure. This is a strong protection under state statute which means a private investigator cannot be compelled to disclose confidential information even under subpoena – unless directed to disclose by their client. This is a level of protection which, because it is derived from statute, may even exceed the strength of attorney-client privilege.

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