In the high-stakes world of criminal defense, an investigator isn’t just helpful—they’re essential. The moment an investigator is appointed to a case, the duty to begin a thorough, independent investigation begins as well. That’s not a suggestion or a strategic nicety—it’s a professional obligation grounded in ethics, performance standards, and your client’s constitutional rights. Too often, investigators are brought in late, used minimally, or treated as a line item rather than as an essential member of the defense team. But the difference between a strong defense and a missed opportunity can come down to how and when you bring your investigator into the process.
Independent investigation is a core requirement under the Texas Performance Guidelines for Non-Capital Criminal Defense Representation. These guidelines aren’t theoretical—they outline the minimum standard of care for every attorney practicing criminal defense. They specify that fact investigation, including mitigation, is required in all cases. This applies whether your client is contesting guilt, considering a plea, or preparing for sentencing. Mitigation is never optional, and neither is the need to verify the facts independently of what the State provides.
Using an investigator is not about undermining the prosecutor’s case, it’s about doing your job. You have an affirmative duty to ensure that every angle is considered. That includes locating and interviewing witnesses who may never appear in a police report. It means visiting crime scenes to verify or challenge law enforcement narratives. It may involve uncovering critical background information about complaining witnesses, law enforcement officers, or co-defendants—information that could reshape your understanding of the case and your strategy moving forward. It also means digging into records: medical, school, CPS, social media, employment, and more, to identify facts that support your defense or build a case for mitigation.
Effective investigation starts the moment a case is appointed and must continue throughout. Waiting until trial—or even until plea talks begin—risks losing critical evidence, missing strategic opportunities, and watching key details fade with time. Early assignment of an investigator with clear expectations and regular communication is essential to build a strong defense.
Investigators are not just fact-finders—we’re strategic partners. Along with handling witness interviews, scene visits, and timeline development, we contribute to theory building, identify missing or flawed elements in discovery, and surface legal or factual issues that could shift the trajectory of a case. And when a case moves toward resolution, we provide the background and personal history information that helps humanize a client, critical to any sentencing or mitigation presentation.
To use an investigator well, defense counsel must treat them as more than just a vendor. Collaboration is key. Regular communication is a best practice, along with clear task assignment, case context, and inclusion in case theory discussions. All discovery should be shared, and any shift in defense strategy should be discussed together. Investigators are bound by confidentiality and should be considered full members of the defense team. This relationship is most productive when it’s built on mutual respect, trust, and the shared goal of protecting the client’s rights and future.
Funding is often cited as a barrier to early or robust investigation. But the courts and counties are obligated to provide the resources necessary to support ethical and zealous representation. Funding requests should be made early and documented clearly. A simple justification, such as “Investigator needed for scene documentation and witness interviews per Guidelines 4.1 and 4.2,” is often sufficient. Don’t wait to make the ask. Delays in funding can delay critical work, and time is not on our side in criminal defense.
When investigation is delayed or superficial, the risk to the client—and the attorney—is real. Missed exculpatory evidence, ineffective plea negotiations, and weak sentencing arguments often stem from work that wasn’t done early enough or thoroughly enough. These oversights can even lead to claims of ineffective assistance of counsel. I’ve seen digital records confirm alibis, school files shift plea negotiations, and mitigation stories—uncovered through persistent investigation—reshape sentencing entirely.
Yet, despite the clear need, some common pitfalls undermine defense efforts. Among them: waiting until trial to begin investigation, relying solely on State discovery, assuming there’s no need to investigate if a plea is likely, failing to request or justify funding, and treating investigators as outsiders rather than team members. Each of these errors risks compromising your client’s case—and by extension, your professional integrity.
The good news is, none of this is out of reach. Starting strong simply means recognizing that investigation is not just a checkbox; it’s the foundation of your defense. Begin early, communicate often, assign clear and meaningful tasks, and include your investigator in strategic planning. Your investigator isn’t a last resort or a reactive resource. We are proactive partners in justice, here to safeguard your client’s rights and help you build the strongest case possible from day one. The work we do matters—let’s make sure we’re doing it right.
