Based in Portland, Oregon, Courtney & Associates provides criminal defense investigation services for state and federal CJA cases to attorneys throughout Oregon and California. Terry Courtney, PI, CCDI is the lead investigator and is nationally board certified in criminal defense investigation (CCDI). We provide both pre-trial and post-trial services. We accept Oregon Public Defender Services and Criminal Justice Act (CJA) funded federal cases in addition to retained cases.
Pre Trial Private Investigator Services
An accurate and thorough criminal defense investigation starts with reviewing the legal charges and understanding the goals of the defense. This includes understanding the particular attributes of an Oregon or California state case, or a federal criminal defense case. A detailed review of the discovery determines next steps including witness interviews, identification of needed records (school, military, medical, mental health, etc.), social media research, and potential need for outside experts.
Witness Locates
Locating witnesses is key to an investigation. It is not unusual for witnesses to move, change jobs, and sometimes change their names. A criminal defense investigator can greatly assist a case by staying in contact with witnesses and providing updates on trial scheduling. Applying due diligence to locating, interviewing, and developing rapport with witnesses is vital to a case.
Witness Interviews
Understanding how best to approach and engage a witness is critical. A criminal defense investigator needs to be flexible and available at a time that works best for the witness. Often times a witness interview will identify new witnesses not previously known. Witnesses can be stressed, reluctant to talk, or “not want to get involved.” An experienced investigator can often times work around these barriers and engage witnesses in a non-threatening and collaborative manner.
Social Media Investigator
Social media investigation is a critical component of criminal defense. Utilizing open sources (public platforms) keeps this type of research legal and ethical. In addition, utilizing software that preserves the metadata behind a post ensures that captured social media is preserved forensically for trial or other types of legal settings. Conducting social media investigations is also a critical component of preparing for witness interviews. A legal and ethical social media investigation never utilizes pretexting, hacking, or “friending” to gain access to a private account. Knowing when and how to introduce social media into a case is an important strategy. Working with an investigator who knows the proper methods to preserve online accounts is key.
Court Records Searches
While online access to court records is an important and growing trend throughout Oregon and California courts, there are times when an in-person search ensures all records have been located. Many times a particular individual’s prior legal records will be found in civil, criminal, and family court filings. Unfortunately, not all jurisdictions have automated their files across all court departments. This means important filings can be missed if the search for records is only done online.
Subpoena Service
For criminal defense cases, subpoena service usually includes serving subpoenas on witnesses for court appearances and to agencies for written records or documents. Providing subpoena service on individuals must be done with a full understanding of Oregon and California state law and or US federal law. This ensures all legal requirements of a “good service” are met. Prior to service, a good practice includes reviewing all documents to ensure clarity of the request, deadlines are clearly stated, and procedures for getting documents to court are fully described. In some jurisdictions, particular types of legal documents can only be served by a process server. We ensure subpoena service is provided in a manner that best matches the needed outcome.
A review of the discovery may also identify the need for subpoenas to obtain records from sources including schools, military, medical or mental health facilities. Understanding HIPAA and FERPA is key to legal obtainment of sensitive documents.
Witness Coordination at Trial
An important component for ensuring a trial runs smoothly is to ensure that witnesses know when and where they need to be on the day they testify. With trial schedules subject to change, the investigator can play a key role by communicating directly with witnesses and ensuring they are kept informed. Once at court, witnesses are often stressed by the experience of waiting to be called. An investigator can work with witnesses to keep them updated on the day’s schedule, answer general questions about the courtroom logistics, and alleviate any unnecessary concerns. Witness coordination and support can make a big difference in witnesses feeling comfortable at court and ready to testify. In addition, the management of witnesses ensures the attorney is able to fully concentrate on the defendant and the trial.
Post Trial Investigation Services
When a trial concludes, investigation work may still be required. A need for post trial investigations can arise based on new evidence coming to light, concerns with whether procedures were adhered to during jury deliberations, or a need for mitigation research prior to sentencing. An experienced criminal defense investigator can assist with all aspects of required post trial work.
Jury Misconduct
When an issue of jury misconduct arises after a trial concludes, an investigator is often utilized to contact jury members to gain a better understanding of the deliberation process and to document any impact on the jury’s decisions. Jury duty can be a lengthy or stressful process and there are times that a jurist may stray from required procedures. Whether this occurred intentionally or by accident is important to determine. An experienced investigator can be an asset in helping to resolve the question of jury misconduct.
Mitigation
Mitigation means different things depending on the type of case being tried. Often mitigation helps explain the extenuating circumstances behind why someone was involved in a situation that led to legal charges. Mitigation can also provide an understanding or context as to the life circumstances that led to a defendant acting a certain way under duress. Whatever the situation, utilizing an investigator trained in mitigation investigation can play a pivotal role in the outcome of a case.
Portland OR Legal Investigator
Courtney & Associates provides criminal defense investigation services for attorneys with state, federal CJA and retained cases. We service all of Oregon including Portland, Newport, Bend, and the San Francisco Bay Area. We provide the investigation needed to move your cases forward and position them for the best possible outcome.
Courtney & Associates is a proud member of the National Association of Legal Investigators, the Oregon Criminal Defense Lawyers Association (OCDLA), the Oregon Association of Licensed Investigators (OALI) and the California Association of Licensed Investigators (CALI). Membership in professional organizations supports important criminal justice reform acts such as Oregon’s recent 2019 passage of SB 1008 which provides for a critical update and reform of juvenile sentencing.
Oregon was recently cited as having the only public defense system in the country that relies entirely on contracts to deliver public defense services. The national Sixth Amendment Center recently released a comprehensive critique of Oregon’s defense services noting that this constitutional right to counsel was in jeopardy due to overworked defense attorneys forced to take large caseloads to make a living. Oregon has begun to take steps to rectify this by the passage of of SB 3145 which proposes dedicated funding to support indigent defense services.