Case Studies: Criminal Defense Attorneys

All of my experience as a former Federal Criminal Investigator trained by many Federal Agencies and the New York State Police, attending law school and decades working cases as a manager/owner of my own licensed private investigations company, has resulted in casework that spans the gamut of penal code possibilities. My specialty is in interrogation/interview strategies. However,  I attribute my success in this area to an instinct to perceive and then respond to the person’s concerns in whom I’m eliciting information. Similarly, my experience, training, education, and nature enable me to effectively separate the wheat from the chaff in obtaining and document the essential facts in a case.

Because of Our Findings, Case Was Dismissed

HRG was asked to investigate a drug bust on behalf of a defendant served a warrant based on the FBI’s observations and a county drug task force. The warrant indicated the investigating officers observed incriminating contraband through the defendant’s window from a hill on adjacent public land, drove to the county courthouse to secure the warrant, then back to the defendants to execute the warrant. We were able to defeat the warrant, search and seizure in federal court, proving, with an altimeter, that it was impossible for the officers to see what they claimed in the warrant from the described vantage point and the time indicated from the alleged observation to the courthouse and back was physically impossible. Result: Case dismissed.

Suspect Proved to be the Victim

A young woman at a high school graduation party was charged with felony assault for striking a classmate in the head with a vodka bottle. We were successful in her defense with witness statements establishing the ‘victim’ was the aggressor, violent, and pushed the suspect to the edge of the swimming pool with the gathered crowd blocking any escape route. Result: Case Dismissed.

Our Investigation Proved Unlawful Search and Case Was Dismissed

A young man was pulled over on a traffic stop by a state trooper who subsequently searched the vehicle, found contraband, and charged the client. We were able to secure a recorded statement from the investigating officer that established the search to be unlawful. Result: Case dismissed.

Due to Our Mitigation Investigation, Client Was Granted Probation

HRG was hired by the defense team of a client indicted and adjudged guilty of the charges. Our role in the case was to conduct a sentencing mitigation investigation and provide a comprehensive report profiling the defendant to persuade the court to fashion a sentence either in departure, or at variance, or both, from the advisory guidelines system. Our investigation included personal history, statements of family and community support, character references, evidence the victims were amenable to, and the defendant was willing to repair harms and make restitution. Our report established defendant, as a first-time offender, already suffered personally & financially due to the conviction, posed no threat, successfully served months of unsupervised release without incident, and was amenable to being supervised by the court, as well as the probation office. Result: The client was granted probation.

Due to Our Polling of the Jury, the Case was Declared a Mistrial

Following a felony conviction, HRG was hired by the defense counsel to poll the jury, i.e., conduct post-trial interviews of the juror’s attitudes and process in coming to their verdict. The attorney felt there was some undue influence from hallway conversations immediately after the trial. The key to our success was waiting a bit while gathering phone numbers, addresses & drafting a plan for the interviews affording the jurors time to relax, refocus and gain perspective on their reaction and decisions during deliberations. The interviews were recorded and focused on process rather than enquiring about how they went about deciding the issues and where there were disagreements. Three of the jurors acknowledged considering information from outside sources that were not introduced at trial. Result: The case was declared a mistrial.