Criminal Defense
Criminal Records Analysis
We obtain and analyze all criminal records pertaining to the defendant, including the pre-sentence report (PSR) and any underlying offenses. This ensures that the PSR is correct, with a comparison report provided for your review. Some PSRs do not accurately report the defendant’s criminal history, which can have a negative effect on detention and/or sentencing.
Defense Interviews
Our team documents the defendant’s perspective on, and involvement in, the alleged offenses, including whether the defendant can provide additional information to the government that might assist in a sentencing reduction. During any interview, we attempt to determine the identity of any confidential sources used by the government. Then we look into the background of those sources to determine the initial motivation for their cooperation.
Mitigation Reports
Complete background checks are performed on the defendant, including their criminal, family, and medical histories. For medical history, we focus on any psychological treatment the defendant may have received.
Discovery Analysis
Our investigators will review all discovery evidence to ensure proper law enforcement procedures were followed during the investigation and apprehension of the defendant. We present this information to the client’s attorney in a timely fashion.
Co-Defendant Criminal History
Criminal history searches will be conducted on any co-defendants in preparation for trial. This is very important to the defense counsel when cross-examining a cooperating co-defendant at trial.
Investigator
"For several reasons, counsel should direct but not perform, the investigation into the facts of the crime. First, when counsel personally interviews facts witnesses, counsel runs the risk of being forced to withdraw as counsel in order to testify if the witness' testimony conflicts with the statements given to counsel. Second, counsel lacks the specialized training and expertise necessary to conduct thorough investigation. Third, counsel will rarely have the time necessary to perform the essential lawyering tasks in the case and conduct a thorough factual investigation of the charge. Thus, an investigator "should be part of the defense team at every stage of a capital proceeding."
Tennessee Capital Case Handbook 2024, ABA Guidelines 4.1 (A)(1), Commentary; (94-95)
Mitigation
- "Just as counsel should direct but not perform the factual investigation concerning the offense, the counsel must direct but not perform the factual investigation concerning the client’s life. The mitigation case is best developed by a multi-disciplinary team with unique talents and skills that few lawyers possess."
Tennessee Capital Case Handbook 2024, Sean D. O’Brien, Supplementary Guidelines for the Mitigation Function of Defense Teams in Death Penalty Cases, 36 Hofstra L. Rev. 667 (2007-08). (99)