Court Investigator

Question: Does information collected from a private investigator stand up in court or is it irrelevant? Like phot evidence of drug dealing with your child present? I have some suspicions.

Answer: Depends. IF the information is proven factual and relevent, it'll be admitted. IF it's not relevant, it's not relevant no matter who collected it.

Question: Is evidence obtained from a private investigator admissible in criminal court?

Answer: of course. courts hear evidence from many different sources.

Question: How do I find a private investigator in Mississippi that can also appear in court in another state? Could an off duty police officer do the same thing? I just need some pictures or video to prove infidelity.

Answer: Approach with caution. Mississippi is one of those few states that has no licensing requirements. I suggest you contact the below listed association to obtain the name of a couple of credible investigators. The can do the investigation in Mississippi and testify to it anywhere, but they cannot do the investigation in a state where they are not licensed. They will expect payment in advance for surveillance work and later if they are needed in court they will need wages plus expenses. Compare the charges of 2 or three investigators as they can vary considerably. Good luck. MISSISSIPPI PROFESSIONAL INVESTIGATORS ASSOCIATION, INC. P.O. Box 872 Newton, MS 39345

Question: Would it be possible to hire a bounty hunter or private investigator to help me collect on a court judgement?

Answer: Not without getting your self in to trouble. If you know the person has the means to pay then you just have to turn them into the courts. Hiring anyone to harassment them into paying will land you in jail.

Question: Can video by a private investigator be dismissed in court? I hired a private investigator to get video and audio of my ex. The investigator was able to compile 4 dvd's of things like my ex spanking his son on the bottom and even a couple of pretty bad arguments between him and his girlfriend, yelling, cussing and putting each other down in front of his son. His girlfriend also has 2 children of her own with him and the son is between him and I. There is even video of all 3 of the children climbing around in the car as him and his girlfriend are driving, not in car-seats, and one clip of him grabbing one of the kids hair as it is trying to run away from the father. The private investigator told me that the information is good enough to present in court and even probably get my son taken away from him permenantly and the other 2 kids also and given to the state, but his attorney filled out some forms making me give him copies and also getting the evidence dismissed all before the court date, so that they can't be viewed. Can this happen?

Answer: It depends on the rules of evidence where you live. As long as you used a reputable PI, he knows this and you are probably good. That doesn't mean that your ex's lawyer isn't going to try and get them thrown out. Again, it depends on where you live, but to get them thrown out of a civil proceding, your ex has to prove the PI did something wrong, like breaking into your ex's house or car to plant a camera, or taping with a hidden camera where that sort of thing is illegal.

Question: In a probate case are they supposed to have an investigator in place on a case? I see most cases in probate court they have an investigator in place. Is this a common practice ?

Answer: Not really

Question: Can a private investigator tap my cell phone without my consent? If so, can it be used against me in court?

Answer: No - only the Government can tap your cells & home phone with or without consent or a court order. Contrary to TV & Movies real Private Investigators do not do this. However, there are other legal means of obtaining information that we need without consent or court involvement. Although most of do work with attorneys and public law enforcement on certain court-related issues.

Question: Private Investigator in Alabama - will the evidence hold up in court? HELP - QUICK - I am about to hire a P.I. in Alabama for my friend - will the video evidence hold up in court? I doubt the P.I. will go to court as an eye witness.... please help quick I have a deadline approaching me sooooon. The judge is bought - friend of the family. This is a child custody case.

Answer: Ask the JUDGE hearing the case.

Question: Is there anything I can do? Private Investigator disappeared, out of time in superior court of New Jersey.? I am the defendant in a superior court case of New Jersey. I was accused of commiting a crime in 2008. I was indicted the same year with 7 charges. I hired a private investigator for $95 an hour, He claimed to have done lots of work and continued to request money from me. After taking pictures of a car and months of no other work to be seen being done, the judge told us we were running out of time, it is now 2010 (its been awhile). We told the investigator to interview our list of witnesses, again he claims he is out of money (we have paid over $3,000 at this point). He requests $1,000 to continue. I am a college student in my young 20s... I scraped up $600 and asked him to interview ONE witness, we leave, one months passes and we have court, we contact him and he has not done the work. I asked him why and he ranted on for over one hour of how he needed the full $1,000 to have interviewed one witness.... I tell him I am out of time after this month and I need it done, I checked my accounts and I could only spare $200 more. I told him I wanted to see a balance and a the billing receipts thus far before I give it to him. My lawyer and I tried to contact him MANY times through phone calls, voicemail, e-mail, and u.s. mail. No reply, we run out of time and my lawyer tells me the Private Investigator is now living in Ireland with his girlfriend and in a matter of words, I am screwed.... I understand it has been quite some time, but in unfortunate events such as this, is there no way to extend my time and have interviews done for my witnesses. I would be facing 15 years in prison if I go to trial, the plea bargain now is 3 years flat (I have 5 and a half months in county already, so i will be eligible for parole and ISP within 4 months). I have found a new private investigator who will work for $50 a DAY, rather than the last guy who was $95 and hour... The problem is, at this point I am out of time and I will be sentenced with the bargain within the next few weeks. I am not guilty of the crime, and the evidence my lawyer has obtained has drastically lowered my bargain from 15years to 3years flat, which is a large difference considering I could be out in a few months. The problem is, I do not want to go to prison for even a few months, obviously. I want to fight this case, but I don't want to risk 15 years in a case where it will be my word against someone else's word. (there is no evidence against me, only evidence in my favor, but it is not enough to dismiss the case). So I guess in conclusion I ask: Is there a way to extend the case legally to interview my witnesses even though the judge has already set a trial date if I do not accept the sentence? First reply: My lawyer cannot interview witnesses because it would be a "Conflict in interest." This is not a public defender. Second: I think we have done continuance on the case because the private investigator would leave the country to Ireland during certain months. (he has apparently moved there this time.) Third reply: As far as Reasonable Doubt and No evidence. In new jersey I am told... None of that matters until you actually go to Trial, and in trial even if you have no proof against you and witnesses on your side, if the "victim" of the crime still goes to trial against you and the jury does not know who to believe, the will do something called "splitting the pot" which I am told, means, when they are unsure who to believe the jury will give the defendant a lesser charge (which could be 5 years) and drop the others, or give a lesser charge or a greater charge... In reply to Scott, I looked at your website and saw a general form to contact your company, but I would feel more comfortable e-mailing you with questions. Do you have a contact e-mail I can reach you at?

Answer: First thing: Why doesn't your LAWYER interview your witnesses, and take depositions? THAT is the lawyer's job. You shouldn't have to hire a private investigator to interview witnesses! Second thing: Your lawyer should be able to ask for a "continuance" of your case by filing with the court. Third: Where did you get this lawyer? He doesn't sound like he is doing a very good job for you. Talk to your lawyer, tell him to file for a continuance. If nothing else, do a little research on your own regarding your case. If there is NO evidence against you then you shouldn't even be going to court, and your lawyer is definitely NOT doing his job properly!!! There has to be proven beyond a REASONABLE DOUBT that you committed the crime in question. Kick your lawyer in the butt and tell him to start doing HIS job and interviewing witnesses, and taking sworn depositions. He can also subpoena witnesses in your favor to appear in court. Good luck. Edit: "First reply: My lawyer cannot interview witnesses because it would be a "Conflict in interest." This is not a public defender." Okay, I'm a bit confused as how this would be considered a "conflict of interest", but then again, I do not know all the facts in this case, BUT, generally speaking that is the attorney's job, to interview witnesses and take depositions, and to subpoena witnesses to appear in court in person. Second: I think we have done continuance on the case because the private investigator would leave the country to Ireland during certain months. (he has apparently moved there this time.) On this, I'm not sure about your rules of court where you are at, but if there are mitigating circumstances, then your attorney should be able to file for another continuance in light of the circumstances. Only your attorney can answer that question. Third reply: As far as Reasonable Doubt and No evidence. In new jersey I am told... None of that matters until you actually go to Trial, and in trial even if you have no proof against you and witnesses on your side, if the "victim" of the crime still goes to trial against you and the jury does not know who to believe, the will do something called "splitting the pot" which I am told, means, when they are unsure who to believe the jury will give the defendant a lesser charge (which could be 5 years) and drop the others, or give a lesser charge or a greater charge..." WOW, all I can say is I'm glad I don't live in New Jersey, that doesn't sound right to me. In court, you have to be proven beyond a doubt to be guilty, and hearsay doesn't count in a court of law, only facts. If I were you I'd do a little research on my own online regarding A) the rules of court; and B) check out this "splitting the pot" thing, it just doesn't make sense, especially if you are facing up to 15 years.

Question: What if a law officer does not show on court date? In the US, Alabama specifically, what happens if you have a court appearance scheduled (juvenile court but felony charges) and the officer/investigator does not show for this court date? There was no notification of postponment and it was on the docket for that date. The investigator was out of town on vacation so they just rescheduled the hearing. I have been told that they have to throw it out but the attorney did not say anything about it- just that they were going to reschedule because the charging investigator was not there. I need this answered ASAP as the next court date is in 6 days (Of which I have not rec'd any notification of but had to call and find out myself). I need links to any answers if anyone can help with this. It is keeping my honor roll senior out of her regular school and in an alternative school until this can be resolved.

Answer: here in my state they will give the officer 2 or 3 chances to show before they dismiss it. a lot of times it just depends on the charges, the judge ,the prosecutor ,and how good of an attorney you have. call your attorney and discuss it with him or her. that's what they are for. if you have a court appointed attorney GOOD LUCK THEY TEND TO Do WHAT THE COURTS WANTS NOT WHAT IS BEST FOR THEIR CLIENT

Question: Is a Texas Private Investigator License required to legally do background checks? Is a Texas Private Investigator License required to legally do background checks for criminal and civil court procedings? Current and previous addresses? Phones? email? What about employment history or rental history? What about credit checks? Do I have to be a commercial entity? Or can my commercial enterprise be "ACME Background Checks"?

Answer: Anyone can do a background check. Background checks are entirely done from publicly available information.

Question: How do you retract statement made to investigator? I made a written statement to an investigator 4 months ago about a friend of mine who was doing some identity theft as she called it. I wasn't the main person and i havn't been called to any of the court date for him unlike the other person who is basically the main witness. I would like to retract the statement because i really remember what was going on truely and i could rather not have nothing to do with it. It's been 4 months and i've moved on with my life. So i'm trying to see how do i get the statement just removed?

Answer: So you made a statement to an investigator without an attorney I assume. This mistake is more common than oxygen it seems. Without going through major legal contortions, you probably cannot withdraw the statement. Many investigators are experts at cajoling, begging and threatening (and many unethical ones are also experts at lying). So don't feel too badly about it.

Question: Can you sue a police department for screwing up and causing your case to be thrown out of court? My husband and I got ripped off by a contractor, as did about 13 other people. The DA charged the contractor with corporate fraud, racketeering, and theft by deception. The local police department was involved, but when it came to testifying against the contractor, the investigator lied under oath and as a result the judge threw the case out of court. So we, the victims, have gotten no justice. Can we take legal action against the PD and/or investigator who caused the case to be thrown out of court? The judge stated that it was clear that the investigator committed perjury by lying under oath.

Answer: can you prove he lied under oath?

Question: How can I find out where a police officer works without hiring a private investigator? My problem is simple. I have an income deduction order on file with the county court to enforce a child support order. The noncustodial parent is a police officer. I need to know where this person works so that I can submit the income deduction order to the employer. I hired a Private Investigator and he charged me $100 for a FBI report that did not include any employment history. I called the Child Support Enforcement Agency for the appropriate county, but I live out of state and the application process is a pain. I have the name, address, phone number, and social security number. How can someone be an officer of the law and in arrears for child support? I hope someone can help me or at least point me in the right direction. It's funny how everyone thinks that the person I'm talking about is a male. The police officer is actually a female. My attorney sent the order to the last place of employment which was the cities police department and they responded back stating that she no longer worked there. There are county Sheriff's, highway patrol officers, and all kinds of law enforcement agencies in the area that she lives. The child support enforcement agency is no help unless you go through their entire application process. This is very frustrating. She just called and left a message for my son the other night from her squad car, I could hear her radio going off. A PI will charge me $60/hour to follow her and I don't know her work schedule or anything. There has to be an easier way....

Answer: Send the order to the Chief of Police for the city where he works. He can forward it to human resources and the payroll department. It should have been done by the attorneys at the time of issuance. That information is public record so the police department must give it to you by law.

Question: How long must i wait before going to small claims court? My ex boyfriend sliced up my furniture after i asked him to leave my house and i called the police and they came out and said that an investigator will be calling me. But do i have to speak to an investigator or can i just file a claim in small claims court to get him to pay for it?

Answer: You can do both unless you prefer not to see him charged with a crime, one advantage of having a report by a police officer is that it would make good evidence in small claims court, but if he should happen to be in jail he would not be able to pay so you can call the police and tell them you do not wish to pursue the matter they have plenty to do and will be happy to drop it.~

Question: In California do you legally have to testify or show up to court as a witness? I'm a witness and a private investigator wants to interview me. If I don't agree to an interview then can I avoid testifying in court?

Answer: You don't legally have to talk to anyone however if you receive a subpoena for court then you need to show up. You could plead the 5th but would have to have just cause(afraid of getting killed, or involved in the crime and would say something to incriminate yourself, and they could still hold you in contempt of court. If you fail to then you could be found in contempt of court and be subject to jail time or a fine or both.

Question: can you be arrested for concealing a vehicle without going to court? My ex has posession of a vehicle in my name, and hasn't been making the payments. I am getting phone calls from an investigator saying that I am going to be arrested for concealing the car, because It is in my name if I don't return it. I don't even know where the car is! Is the investigator telling the truth? Does the whole thing have to go to court first? Don't they have to try to proove that I know where it is?? PLEASE HELP!!!

Answer: Although I don't know the details here I am inclined to say no. When you say "ex" do you mean ex wife? If so, even though the car is in your name it would be considered mutual property (in many states). If it is just an ex girlfriend...did she live with you? How long? If she did for an extended period of time this common property rule may still apply. If not, and she does not have permission to have the car, report it stolen. Proof is required to charge you with any crime.

Question: Am I allowed to have a Licensed Private Investigator present at a deposition as a witness? In a nutshell, I am in Florida. My ex had his attorneys send me a notice that I had to appear at a deposition - to be given by him - at their office. (Now I know he cannot himself LEGALLY take the deposition - he has no legal authorization to do so.) The goal of this is to obtain financial information about me. This will be done in front of a court reporter or Notary Public, him and his attorneys. Seeing as he gets off on outnumbering, bullying and trying to intimidate me (this has been going on for years), am I allowed to bring someone as a witness in case of anything unscrupulous? I do not have an attorney - I cannot afford one. The person I wish to bring with me however is a colleague and Licensed Private Investigator. Is this allowed? Gandamack - The question stated that I do not have an attorney, so why would you answer with "if your attorney..."? Please read questions before you answer.

Answer: Yes. In Florida, depositions are public proceedings and you may bring anyone (or many people) with you if you want. You can be accompanied by your colleague and your mother, your gardener, anyone you want and there is no basis or rule that allows them to exclude those people.

Question: can i go to jail before going to court? I did welfare fraud for the first time and I did payment arregments for what I owed. But a private investigator told me I was going to get a warent for my arest, can they do that before I go to court?

Answer: Yes... You will go to jail for a day or more (or something like that) until the day of your court hearing BUT its not always true... Depends were you live sometimes. I hope you don't have to go to jail =( Good luck!

Question: How do I serve someone notice to appear in court without knowing their address? I have a situation where the person who entered a restraining order AGAINST me is STILL contacting and calling me, and harrassing me. I would like to file a motion of appeal against him, but I do not have an address for him as he is a known STREETWALKER. I would really only like to hire a private investigator if necessary. Can someone give me some creative ways to find him so I can get him served?? Please help if you can. Any ideas would be great. Thank you.

Answer: uh...if he entered an order against you, he registered SOME Kind of address with the court. They don't process orders from the Mall Food court. TRy checking with them.