N Phoenix, AZ —Most of my blog visitors know I’m a longtime criminal defense investigator and have worked on many high profile cases helping the wrongfully accused.   The defense and prosecution is supposed to have parity and equal treatment in the courts but it’s all just pretend.   There is a huge laundry list of issues that work against the accused before their trial even begins.   One thing that troubles me is seeing the same prosecutors in large jurisdictions working every day before the same judges.   They literally sometimes even sleep together. When a criminal defense attorney comes to their court he or she is an outsider and often treated that way.   The police have enormous powers to gather evidence such as the Grand Jury subpoena.  They can arrest those who obstruct investigations, tamper with witnesses and can most importantly obtain search warrants. Defense investigators should just like cops be able to surreptitiously recor...

Murder cases may often be similar but no two are ever really alike.  Most murder defendants are found guilty.  Any person being put on trial stands an 80% chance of being convicted. However some of the accused are actually innocent and getting their lives back is anything but easy.  The burden of proof is on the government but over-zealous cops and prosecutors too often lie and cheat to win guilty verdicts from unsuspecting jurors.  Framing someone is very easy to do for any competent homicide detective. Escaping a false conviction is always a life altering challenge. If the case is not clear and the evidence is weak, that is where and when the prosecution chicanery goes into overdrive.  Cops hate getting sued and they know if a defendant gets convicted, any potential lawsuit would be dead.   That’s part of the motivation along with protecting their professional pride.  It’s ugly but a fact of life. Murder cases are the ones that usuall...

When crimes occur, the police move in quickly when they become aware of the event. They investigate, search once probable cause is established and make the arrest/s. Far too often there are the suspects, who with their friends and family lie to the police as a form of “insurance” that they don’t get charged. This is usually the beginning of a criminal justice system disaster. The lies are nearly always exposed by police and the value of any future testimony is zero. Of course total silence is the cure for this from the accused and his witnesses. Police cannot make anyone talk. A witness however can be compelled to testify before a Grand Jury or a court but that never happens anytime soon. Why would anyone ever talk to the cops? The sad truth is innocent people lie to police every day as a way to avoid trouble. Instead it brings much more trouble and too often leads to a wrongful conviction. The lesson here is to save your stories for your defense team. The best police investigation ...