Criminal Defense Investigation

"Injustice anywhere is a threat to justice everywhere" - MLK

+1.5416203668

Criminal Defense Investigation

"Injustice anywhere is a threat to justice everywhere" - MLK

Cloudcover investigative services

Golden balance scale in a sunlit forest surrounded by evergreen trees.

Experienced Criminal Defense Investigation

We provide comprehensive criminal defense support to all types of private and public defense firms by offering investigation and mitigation services in Oregon, Idaho, and soon in Washington.

A defense investigator plays a crucial role in the defense investigation process by collecting evidence, interviewing witnesses, fact-checking, preparing documents, identifying mitigation, and supporting trial activities. They also work closely with complainants to help create exculpatory statements or negotiate civil compromise agreements. Throughout every case, defense investigators actively search for all forms of mitigation, making them essential in protecting fairness and the rights of individuals amidst the complexities of legal system processes.

The 6th Amendment and Your Right to Legal Counsel

Part of your right to legal counsel includes a dedicated support team that assists you through the legal journey. This team typically consists of your defense attorney, their legal assistant or paralegal, and their defense investigator, as needed. These three components form a solid foundation of criminal defense support, ensuring clients receive the investigative services and support they need during their legal "adventure".

Detective with a magnifying glass and flashlight investigates at night.

What is Mitigation?

Private investigation has evolved significantly over the years with mitigation now being a crucial tool in criminal defense support and legal defense investigation.

Sentencing: Mitigation involves gathering information that supports the defendant by highlighting factors that may lead to more lenient sentencing. These factors can include a history of trauma and abuse, medical issues, or other relevant details about the client that reflect their character and background. In our mitigation services, we also collaborate with the client to enhance their current activities, such as participating in classes, therapy, rehab, and other efforts to improve their life circumstances and standing in the eyes of the court.

Narrative: Mitigation can also play a key role in shaping the defense narrative of the case. We quickly identify and analyze medical, mental, familial, or historical facts for their potential impact on the client’s life and behavior. Through our investigative services in Oregon, including ROI's, subpoenas, and interviews, we collect the client's history to help construct the framework of the case.

Dismissal: During the collection of mitigation facts, we may uncover conclusive information that could lead directly to the dismissal of the case.

Mitigation is essential throughout the entire process, from start to finish. This is why a defense investigator's motto and mission is to Always Be Mitigating!

Ask the Investigator - FAQs

Please reach us at cloudcoverpnw@gmail.com if you have any questions.

Note: The information on this site is experiential and practical advice only, not legal advice. For legal advice, please contact a local attorney, your best expert on local, state, and federal rules and laws.

What is a defense investigator?

A defense investigator is a private investigator who specializes in building defense cases for people who are being accused of a crime or wrongdoing by the state (government) or another party. Defense investigators typically work through an attorney or law firm, but may also work indendently with a client.

Defense investigators create and maintain relationships in the community and government systems. We also use the newest data collection technologies to determine the up to date status and locations of witnesses and complainants. We also will indentify and create relationships with professional experts in many different fields.

Defense investigators have a keen understanding of the law which helps to create a narrative as well as identify and cultivate mitigation to be used throughout the legal process. We also represent our clients in negotiations with individuals or groups to determine satisfaction and provide closure of our client's cases. A defense investigator has a primary role in the building of any defense case.

Why use a defense investigator?

Because timing and experience are crucial to the success of any case. In real life, the quicker the investigation begins and the more thorough your investigator is, the better the outcome of the case.

As an example, commercial surveillance video will be retained typically for between 3 to 30 days and there is no way you want to rely on the police to obtain that for you. Video retention time is short and needs to be quickly and appropriately gathered. The client and the attorney rely on an experienced investigator to locate and obtain all available video from an incident.

The investigator also locates and interviews all witnesses and finds all other related evidence to support the case. And remember, private investigators can do things that clients and attorneys cannot, should not, or do not want to do.

If you have ever watched The Lincoln Lawyer TV series, you will see some of what we do (re, Cisco)...and it can certainly be very entertaining. If you or your client have been charged, and you need investigative help, please contact us...and better earlier than too late.

Who are your clients?

Defense Attorneys:

We provide services to private law firms, contracted as needed for all types of investigative services on all types of cases.

Public Defenders:

We work with any Public Defense firms that need contract investigative services wherever we are needed. *Oregon Note: We are an OPDC (Oregon Public Defense Commission) state registered service provider for Investigative Services, Vender Number upon request.

Private Clients:

We are available to support investigative needs in all types of private cases. We specialize in investigations on cases needing primary investigative support, crimial or civil.

What types of cases do you handle?

Criminal cases from misdemeanors through major felony cases, we handle them all. We also have experience in juvenile and dependency cases. Dependency cases can have many legs and unfortunately last for years. I have traveled far and wide to support dependency cases.

Criminal cases (misdemeanor, and minor and major felony) involving drugs, DUII, theft, sex crimes, assault, animal abuse, burglary, murder, domestic violence, abuse...we have almost seen it all, almost. From field work to trial and mitigation support, we support each case to the end.

Mitigation: We run all of our investigations by ABM (Always Be Mitigating). From plea negotiating, to dismissal, to trial, to sentencing; mitigation is crucial to criminal defense...and we are very good at mitigation.

AV (alleged victim) Management: We specialize in creating and managing AV/Complainant relationships for purposes of obtaining facts, Exculpatory Statements or Civil Compromise Agremeents. We have facilitated dozens of case dismissals for our clients by working closely with AV/Complainants in the facilitation of defendant support. Dismissal equals no addition to our client's criminal history!

General Casework: We may provide services on missing person cases, company HR investigations, service of subpeonas or legal documents, and other applications where invetigative services are needed.

What geography do you work in?

We are located in and natives of the Great Northwest, which many people now refer to as the PNW.

Oregon: We are licensed and very experienced in the Oregon legal system with many cases across the state. License Number upon request.

Idaho: We have worked on cases across the state - Idaho does not require state licensure.

Washington: License is in process.

Non-Regional Cases: We also have worked on many cases that take us to other parts of the US. Wherever a case leads, that is where we will go.

What is a gumshoe?

The term Gumshoe originated in the early 1900's when shoes with gum rubber soles were invented. At first the term was applied to cat burglers and thieves that wanted to quietly sneak around. But by about 1908 the term was stuck to plainclothes detectives and private investigators who wore the gum rubber-soled shoes to provide stealthy movement while on the job.

Today our gumshoes move stealthily through the internet, homeless camps, or drug houses in search of contacts and leads. Today is a far different world than in 1908, but gumshoes are obviously still a key component in any investigative case.

Criminal defense investigators are gumshoes of a different breed. We work in a very intense and dynamic field that requires both compassioon and tenacity. And change, well, that is what we thrive on.

I am a new defendant...what should I do?

Here is our experiential and practical advice to a new defendant:

1. You should get an attorney. Do not try to work through the legal system on your own. If you cannot afford an attorney, one will be provided by the state for you at a nominal fee...and there are many awesome public defense firms and attorneys out there, so apply at your county courthouse.

2. You should SHUT UP! Do not talk to the police, your friends, your jail-mates, or your grandma about your case or what happened. Do NOT make posts on social media. Just say nothing to anybody about your case...period. If you are in jail do not talk about your case to your friendly jailmate...they will be very curiuos and offer to help you, but will rat on you in a willamette falls minute. Also, your jail phone calls are ALL RECORDED and go directly to the DA. Don't be cagey or try to use code during your calls...just PLEASE say nothing related to your case or the events surrounding it. True Story: Investigator meets client in jail, that evening client tells wife on the jail phone what the investigator said, next day DA knows case strategy, the case is then lost in trial because the DA had info he should not have had, aaand client goes to prison. Completely avoidable outcome.

3. You should NOT LIE to your attorney or your investigator. They cannot build the best case for you if they do not know the actual facts. Your investigator is also under the attorney-client privilege umbrella meaning we can never repeat what we have heard. The worst place for your legal team to first become aware of a fact is when it is brought up by the prosecution in negotiation, or in trial when it is too late. To your legal team, facts are neither good nor bad, they are just facts and we need them all.

How can I get my case dismissed?

Easy...just kidding. It is typically not so easy or even possible, but it does happen. Here are the most common ways a case may be dismissed:

Evidence-Related Dismissal:

Lack of probable cause, illegally obtained or insufficient or lost evidence, unreliable witness, etc.

Constitutional or Procedural Grounds:

Violation of legal rights, statutes, or procedures by the state, ie, incorrect charges, etc.

Prosecutorial Grounds:

Prosecutor misconduct, like a Brady violation or unethical action. Also, a lack of witness or AV cooperation.

NOTE: Sometimes people think that if the "victim" does not show for trial, that the case must be dismissed. This is not always true because the criminal case is brought by the state (not the complainant) against the defendant. Remember, the DA represents the state, not the AV/Complainant. With no AV the prosecutor still may determine their case is strong enough to proceed. Now, this is not always a smart path and many counties (maybe most) will never prosecute without an available AV. Also, if the AV is a CI then the DA may have a real challenge on hand. The Sixth Amendment is clear that you have the right to face your accuser which does apply to most criminal cases.

Court Agreement:

This can include a completion of a diversion program or some other conditional program, commonly determined in a plea agreement.

Other Methods:

Exculpatory Statement - Commonly we will obtain a dismissal via an exculpatory statement from the AV (complainant) that in some way requests a dismissal due to further identified actions, conditions, clarifications, or explanations of the incident or case. The defense investigator is typically the intermediary in the process and the defense attorney then presents this new exculpatory evidence to the prosecution.

Civil Compromise - This is an agreement that applies to many misdemeanor cases. The agreement is a negotiation between the AV (the injured party) and the defendant. The agreement is super cool because it takes the case out of the criminal track and moves it over to the civil track. This process circumvents the DA with power to dismiss only in the hands of the court (judge). This can be a tricky negotiation and process, but is very effective and rewarding. It has the advantage of moving the case quickly, reducing cost to the system, and not leaving a charge that otherwise may be on the defendants record. Satisfaction can be creative including repair, replacement, financial satisfaction, or even an apology letter. The civil compromise is an agreement between people, not the criminal courts. The defense investigator is typically the intermediary in these cases.

In a civil compromise, the final decision-maker is the judge, but I have yet to have a civil compromise agreement rejected...yes, challenged by the DA, but not rejected by the court. The charges in the case have to meet certain statute rules, which vary by state, in order to be eligible for a civil compromise. The case must be analyzed to determine eligibility prior to beginning the agreement process.

Personal Note: I recently completed three of these agreements with two different attorneys in two different counties in one week...which was super rewarding!

As you can see, this is why you need a legal team to support you and your case. Provided above is experiential and practical advice only, not legal advice. Contact your local attorney for the experienced legal advice needed to negotiate through your local and state rules and laws.

Are we really "Innocent Until Proven Guilty?"

Legally, this is termed as the "presumption of innocence" which is not actually written in the Constitution, but is considered as one of the basic rights of a US citizen. This concept is substantiated by case law, as well as supported by the 5th and 14th Amendments.

So Yes, you are legally innocent until proven guilty. But...reality may feel another way.

If you are innocent, but you are sitting in jail for a year, it will not feel like you are being treated as innocent.

If you are innocent, but you have been banned from entering your home or contacting your family for a year, it will not feel as though you are being treated as innocent.

Due process can feel as though you are being punished no matter if you are innocent or guilty. When the immediate and eventual penalties for your innocence are losing your job, savings, home, car, and family, then you are suffering the "penalties" of due process.

This is why some people's legal system experience feels like "Guilty Before Proven Innocent". Yes, the legal system can be unfair, just like life. But, as stated in the 6th Amendment, you have a right to an attorney. You have a right to be advocated for, to be protected, and to be treated as best as can be throughout the legal process. I am not a salesperson for attorneys, but I am a witness to those who have chosen not to use an attorney...and that never turns out well. My best practical advice is for you to enlist the help of an attorney...quickly.

Defense Attorneys: What is contract remote investigation?

In larger cities or regions, there are a high volume of light misdemeanor (or C-MIS) cases, a great many of which can be remotely investigated. In larger public defense firms, there has been a move to using experienced investigators in-firm or contracted who specialize in the production of these types of cases.

We provide this service. If you are a defense attorney or firm located in a high activity state or area where there is a high volume of Thefts, Assaults, DUII's, Drug Possession, and other minor Misdemeanor cases, then a qualified and experienced remote criminal investigator is a very good option.

Uniquely, we provide Contract Remote Investigation Services for defense attorneys and public defenders. If you work in a high volume region with backlog and production issues, this will drop the pressure for you. AND, here is an update that might perk your ears: As I write this on a Friday, I myself have finished obtaining two exculpatory statements and two civil compromises, all of which ended in case dismissals...just this week. I write this to point out that production of cases is not just plea petition and close...and hey, the two exculpatory statement dismissals were both DV's!

Let us take the heat off of the attorney so they can more efficiently do their job. Even most dismissal-rich processes like exculpatory declarative statements and civil compromises can be produced remotely by a very experienced criminal defense investigator. Contact us for details, no matter where you are located.

Defense Attorneys: Do you work on unrepresented cases?

Almost every state has a backlog of unrepresented (no attorney appointed) criminal cases due to the shortage of public defense resources. Crucially, there is a need for qualified attorneys and investigators to take these cases, so some states (like Oregon), having thousands of unrepresented persons spread across the state, offer incentives to take on these cases.

As a defense attorney, you may be or are wanting to work on these cases, but a major challenge is investigation due to their geographic locations. In Oregon, we support cases across the state and are an OPDC state registered investigation service provider...and we travel. Contact us to discuss your case needs and let's partner together and create a plan to help bring this number down.

Criminal Defense Investigation

Criminal Defense Investigation

Cloudcover investigative services

Experienced Criminal Defense Investigation

What is Mitigation?

Ask the Investigator - FAQs

Contact Us

Contact Us

Please contact us to discuss your needs.

CloudCover Investigative Services

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