Private Defense Investigation
Traditionally, investigations are conducted by the police or prosecutor''s office, whose goal is to support the state''s accusation. However, effective defense often requires a parallel, independent investigation. In Georgia, a lawyer has the legal right (Article 39 of the Criminal Procedure Code) to gather evidence just as the prosecution does. Private case investigation involves alternative fact-finding, locating and interviewing witnesses, inspecting scenes, and conducting expert analyses. This service is critical when the police investigation is one-sided, superficial, or biased. Private investigation allows for the discovery of details that the prosecution "missed" or intentionally hid, which often becomes the basis for an acquittal.
What Does This Service Cover?
Lawyers and private investigators listed on Legal.ge offer:
- Locating and Interviewing Witnesses: Identifying individuals whom the police failed to question. The lawyer interviews the witness and drafts a protocol usable as evidence in court.
- Crime Scene Reconstruction: Detailed study, measurement, and visualization of the incident scene to test the accuracy of the police version.
- Alibi Verification: Finding evidence (CCTV, billing, transactions) proving the accused was elsewhere during the crime.
- Requesting Information: Obtaining data from public and private entities (banks, mobile operators - via court order).
- Background Checks: Investigating the credibility of prosecution witnesses by studying their past and motivations.
Common Scenarios and Real-World Situations
Private investigation is effective in cases like:
The first scenario is "Alibi." Police place the accused at the crime scene. The lawyer finds CCTV footage from a café across town where the accused was at that time.
The second scenario is "Eyewitness." The official file only contains the victim''s statement. Private investigation finds a neighbor who saw the real event but was ignored by police.
The third case is "Financial Fraud." In complex economic cases, the lawyer investigates accounting records and traces actual fund movements, exonerating the director.
Georgian Legal Framework
Defense investigative rights are based on:
- Criminal Procedure Code: Article 38 (Right to Defense) and Article 39 (Right to Gather Evidence).
- Law on Advocates: Grants lawyers the right to request information and conduct interviews.
Service Process Step-by-Step
- Planning: Identifying key facts to establish and sources to check.
- Fieldwork: Visiting sites, taking photos/videos, talking to people.
- Documentation: Formalizing obtained info according to procedural rules.
- Submission: Exchanging evidence with the prosecution and presenting it in court.
Why Use Legal.ge?
Police have resources but often lack the motivation to find the whole truth. A lawyer is motivated to protect the client. On Legal.ge, you will find proactive lawyers who don''t just wait for the trial but conduct their own investigation to prove your innocence.
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