Cults Divorce Legal defense
|Posted by Gladys Brierley on April 9, 2014 at 12:40 AM|
It is so important that you plan to win in court and not just wait till the last minute before going to court and then realize or decide that you need hard evidence. It is my experience that in most of the unplanned last minute surveillance cases there is not enough time or options for the proper investigation. Either get the court date moved up once you know you need more evidence or hire someone as quickly as possible.
People are going to curtail some of their incriminating activities when they are getting close to a court date especially when its the big one where the judge is going to make a call. If you have to wait to the last minute then budget for two investigators at least so they can watch the subject from morning to night and follow with relative caution. GPS tracking is usually advisable when you don't know what that other party is up to or where they are going or who they are going with etc. Sometimes the subject has access to two vehicles then you need two tracking devices if you have just a few short days and nights this could make all the difference in your case.
I have found that some people have unreasonable expectations, want the Investigator to go to the door early in a surveillance which usually makes the subject suspicious so close to a court date. It is much better to let the private investigator guide you and do what he or she does best then to push them for results which only end up backfiring and ruining your chances of catching on video some illegal or inappropriate behavior.
If you absolutely cannot help that you are running out of time because of finances and or being advised by your attorney that you do not have enough evidence to win custody then let your private investigator help you choose the most economical and efficient way to utilitze the little time you have left instead of trying to direct the investigation yourself. However please give your investigator all the information they need, even the least bit of information may open up a good opportunity to video.
An example of this is to notify your investigator that the subject often smokes on the porch, or lets the kids run butt naked outside in front of neighbors, or lets small children run in the neighborhood without adult supervision. Keep in mind a private investigator has YOUR permission to video tape the children when necessary but not the otehr parents. This must be done to a minimum and with discretion as everyone tends to get concerned if they see children being video taped or watched too closely by a stranger, especially a male. No one is legally allowed to video tape or take pictures of children undressed. If this happens your investigator may notify you but will and should not take pictures because that is against federal law.
If a private investigator has taken your case it probably means they believe in you. They believe you are a fit and better parent than the subject and will work hard to fight for you.
There is nothing they can do if you won't listen and do things that are harmful to your case. You have to trust your investigator to look out for your childrens' best interest as well as your concerns.
Evidence is often saved for the attorney as it is protected under the work product guidlelines. This means that usually the other side's legal counsel cannot demand your investigators complete file but only what your attorney is presenting for discovery. Keep this in mind. Please do not ask your attorney for evidence that should only be presented in court and then tell the other side what you have, this ruins your element of surprise in court and may subject you and or your private investigator to be subpeonaed for all their notes, video, pictures and even areas of investigation that may not be favorable to you.
Some of the things a private investigator cannot legally do is wire tapping that is against federal law. Only conversations that are held in public places where there is no reasonable expectation of privacy or where the investigator is party to the conversation in a one party state can be audio taped. No private investigator can legally obtain cell phone records so don't ask. Howevrer you may obtain them if you share the phone service and or phone. Also your attorney may subpeona them. If you have phone numbers that you suspect are incriminating you or your private investigator can research them and find out who the carrier is and what city it is out of in most cases and in some cases the owner of the phone if it is a landline and or contractual service cell.
Also there are legal ways to learn many things in an investigation so a good private investigator is never going to suggest anything or do anything that will jeaopardize the judge's ruling against you or get you arrested
I hope this helps some of you better understand the role of a private investigator in yoru child custody investigation. Please call me at 601-480-3181 or email me at [email protected]