The Challenges of Pre-File Criminal Defense Investigations in Colorado

In Colorado, a pre-file criminal defense investigation refers to the investigative work conducted by a defense team prior to formal charges being filed by the prosecution. During this phase, defense investigators work closely with defense attorneys to gather crucial information and evidence that can aid in building a strong defense strategy.

During the pre-file phase it is important to note that law enforcement agencies may not disclose much information to the defense investigator. This limited access to information can pose challenges for the defense team in gathering evidence and formulating an effective defense strategy.

Law enforcement agencies typically have the discretion to withhold sensitive case information during the pre-file stage, as they are focused on building their own case against the accused. They may argue that releasing certain details could compromise the ongoing investigation, witness safety, or the integrity of the evidence. Sometimes, police will only share that they do have an open investigation against a client, and not share what the investigation is for.

As a result, the defense investigator must rely on alternative methods to obtain information. This may involve conducting independent interviews with potential witnesses, seeking public records, analyzing available police reports, or utilizing other legal avenues to obtain relevant documentation.

Furthermore, defense investigators must navigate the legal and ethical boundaries surrounding the collection of information. They must ensure that their actions comply with applicable laws and regulations, respecting individuals' rights to privacy and avoiding any potential interference with the ongoing investigation.

Despite these limitations, skilled defense investigators are adept at leveraging available resources, employing strategic interviewing techniques, and collaborating with defense attorneys to gather essential information and develop a comprehensive defense strategy.

It is important to recognize that once charges are formally filed, the discovery process begins, wherein the defense team gains access to the prosecution's evidence and other pertinent information. This disclosure typically occurs during subsequent stages of the legal proceedings, such as the arraignment or pre-trial hearings.

In summary, while law enforcement may not disclose much information to a criminal defense investigator during the pre-file phase in Colorado, it is the investigator's role to conduct independent inquiries and gather evidence within the confines of the law. Their ability to uncover vital information through alternative means is crucial in building a strong defense case.