Page 99 - 2023 CIDI Notebook
P. 99
Civil & Criminal Investigations
Our Goals
Most desired
Prove or disprove the criminal elements
could not occur
Presenting a factual basis that all of the
elements are false
Proves absolute innocence
Better chance of complete dismissal
16
Our Goals
Most desired
Prove or disprove the civil allegations
could not occur (defense) or did occur
(plaintiff)
Presenting a factual basis that all of the
allegations are false (defense) or true
(plaintiff)
Proves absolute innocence (defense) or
responsibility (plaintiff)
Better chance of complete dismissal
(defense) or no comparative / contributing
negligence (plaintiff)
17
Our Goals…BUT
Most usually happens…
Civil – comparative / contributing
negligence and settlement
Criminal – plea negotiation and mitigation
We must be prepared, and prepare the
attorney, for all possibilities in settlement
and plea negotiations
18
PPIAC-CIDI 2023 6