Page 98 - 2023 CIDI Notebook

Civil & Criminal Investigations

Our Responsibilities
We have professional obligations to
ourselves, the attorney, and our client – to
be:
Informed, become informed, and to inform
Unbiased and open minded
Conscientious of our fiduciary
responsibility
Honest and Ethical
Unrelenting in our search for the facts

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Our Goals
Minimum
Prove or disprove the civil allegation(s) did
or did not occur (plaintiff or defense)
Presenting a factual basis that multiple civil
allegations are true or false (plaintiff or
defense)
This supports the ‘preponderance’ and also
begins to define the parameters of
comparative or contributory negligence
Better position for settlement negotiations

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Our Goals
Minimum
Prove criminal charge(s) did not occur.
Presenting a factual basis that at least one of
the criminal elements are false.
One element disproven lends to ‘reasonable
doubt’
Better position for plea negotiations
Better position for sentencing mitigation

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