Most Austin defense attorneys have a mental list of investigators they trust. If you're building that list, or evaluating whether your current PI is actually helping your cases, this guide is for you.
I've worked criminal defense cases throughout Travis County and Central Texas for 15 years. Before that, 19 years at the LAPD, including assignments in the Criminal Intelligence Unit, Internal Affairs, and Metro Division. I understand what prosecutors build and where they cut corners, because I've seen both sides of the same process.
Here's how to get maximum value from a criminal defense investigator.
Bring the Investigator In Early. Before You've Formed Your Theory
This is the mistake I see most often: an attorney develops their defense theory first, then brings in a PI to gather evidence that supports it. That's backwards.
The best results come when I'm engaged before the theory is set. My job at that stage is to find everything, exculpatory, inculpatory, and neutral, and give you the complete picture. That picture may confirm your theory. It may change it entirely. Either way, you're better positioned than if you'd gone in blind.
Practical rule: engage an investigator as soon as you take the case, not when you're approaching trial.
What to Include in Your First Briefing
When you bring me in, give me:
- The police report and any available body cam or dash cam footage
- The charging document and any known prosecution witnesses
- Your client's version of events in as much detail as they'll provide
- Any known defense witnesses, including those your client mentioned but hasn't been able to contact
- Deadlines, both legal and practical
- Any concerns about witness availability, evidence preservation, or law enforcement conduct
The more context I have upfront, the faster I move and the less billable time you spend re-briefing me as the case develops.
Understanding Work Product Protection
Everything I produce for your case is prepared in anticipation of litigation and falls under your work product protection. That means my notes, reports, and witness summaries are not discoverable by the prosecution.
However, and this matters, if I'm going to testify, my prior statements and notes about that testimony become discoverable. We should discuss at the outset which of my work product will stay internal and which may need to be produced.
What I Actually Do on a Criminal Defense Case
Attorneys sometimes have a vague idea that investigators "find witnesses and do surveillance." Here's what a thorough criminal defense investigation actually involves:
Witness location and development: I locate witnesses identified in police reports who were never interviewed by the defense, track down alibi witnesses your client mentioned but couldn't find, and conduct canvasses of crime scenes to find additional eyewitnesses law enforcement didn't contact.
Impeachment research: I investigate prosecution witnesses for prior inconsistent statements, criminal history, relationships with law enforcement, financial motives, and any other impeachment material that doesn't show up in standard discovery.
Evidence reexamination: Crime scene photographs, surveillance footage, forensic evidence reports, and physical evidence can all be reanalyzed. Law enforcement investigations are imperfect. I look for what they missed or misinterpreted.
Law enforcement conduct investigation: In cases where police conduct is at issue, I investigate the officers involved, their history, prior complaints, use of force records, and disciplinary actions. In Travis County, this information is more accessible than in many jurisdictions.
Alibi verification: Your client says they were somewhere else. I verify it, not just with witness interviews, but with surveillance footage, cell tower records, transaction records, and any other corroboration available.
Deliverables You Should Expect
A professional criminal defense investigator delivers more than a verbal report. At the conclusion of an investigation, you should receive a written investigation summary memo organized for attorney review, separate witness summaries formatted for cross-examination preparation, authenticated photographic and video documentation, and itemized billing records suitable for fee petitions in appointed cases.
If I'm going to testify, I'll prepare a separate expert witness summary that addresses my qualifications, methodology, and findings in the format required by Texas Rules of Evidence.
The Travis County Dimension
Watson PI is a Travis County Approved Vendor. For appointed cases, my work may qualify for county compensation through the appropriate request process. I have established relationships throughout the Travis County legal community and understand the specific procedural requirements of Travis County courts.
For more on how PI evidence is evaluated in Texas courts, see our guide on PI evidence standards for Texas attorneys. You can also review our full criminal defense investigation services.
