How to Choose a Private Investigator
The following articles discusses how to choose a private
investigator in Colorado, but the tips apply to choosing an PI in
other states as well. You want to choose someone who will handle your
case professionally and be able to present evidence that will stand up in
court if it comes down to it. Because qualifications and experience can vary
so widely in this field, use the following suggestions to guide you in your search.
Choosing a Private Investigator in Colorado
API is often asked about how to choose a private investigator in Colorado.
Finding an investigator in this state can be a tricky process and one which can
be quite expensive if the right decision is not made before the investigation is
initiated. Many people choose an investigator based on a flashy website or the
per-hour charge of the investigation. While a flashy or fancy website may give
an indication as to the money that the investigator/agency spent on that
website, it does not always give an indication as to the experience or
competence of that investigator. The fees and charges of the investigator will
be discussed later. Advanced Private Investigations has compiled a list of
points to consider when looking for an investigator.
Licenses
Did you know there are no licensing requirements for private investigators in
the state of Colorado? As silly as it seems, Colorado has licensing requirements
for barbers, hairstylists, and plumbers, but not for private investigators. In
fact, Colorado is one of the few states that have no licensing available for
private investigators. This means that any felon, including a murderer or
rapist, can be a private investigator in this state. Of course these are extreme
examples, but API has heard of and exposed investigators with criminal records,
domestic violence records, drug convictions, theft convictions, sex offenses,
stalking charges, restraining orders, etc. operating in this state.
Background/Qualifications
The first thing to look for in a private investigator and/or investigative
agency is their background. Of course if the average person could conduct a
thorough background, there would be no need for hiring private investigators to
conduct background checks. A character investigation on the investigator as well
as verification of the investigator's qualifications and experience should also
be considered. There is only one known investigative organization in Colorado
which conducts background checks/character investigations on its members: the
Professional Private Investigators Association of Colorado or PPIAC for short.
This organization also verifies the hours of experience of its members and
appoints membership levels based on the hours of experience.
Businesses that advertise as being a member of Tom Martino's exclusive
referral list at Troubleshooter.com have also gone through a background check
before placement is allowed on its list. As with other professions, the Better
Business Bureau should also be checked to determine if there are any consumer
complaints filed against an investigative agency.
Make sure to ask the investigator how many years of experience he or she has,
particularly in the specific type of case that he or she will be working. A good
question to ask is how many cases in a specific field that investigator has
worked in the past year. Another question to ask is if there will be any other
investigators other than the one being interviewed that will be working on the
case. A surveillance investigator will probably not be the best bet in
conducting a computer forensics investigation, and vice versa. College
education, though not necessary, can give an indication as to the investigator's
research and report writing abilities and overall intelligence.
Professional Organizations
Private investigators who are passionate about their industry are more than
likely going to be involved in associations/organizations and the PI community
in general. This is often a way to "weed out" the fly-by-night
companies from the respectable and qualified companies who will utilize
competent investigators. In Colorado, once again PPIAC is an organization in
which investigators network with each other and is also constantly monitoring
legislative bills which could potentially affect the way private investigators
can operate in this state. In fact, PPIAC has lobbied to bring investigator
licensing to Colorado.
Other professional and national organizations to look for depending on their
areas of specialization include: the National Association of Legal Investigators
(NALI), the Association of Certified Fraud Examiners (ACFE), the National
Association of Investigative Specialists (NAIS), and the National Council of
Investigation and Security Services (NCISS). Memberships in these organizations
as well as others will give an indication of a company's standing in the
investigative community.
Fly-by-nighters and shady investigators likely won't care to be involved with
organizations or other investigative agencies for fear of exposure. The shady
types also won't care about most legislative efforts which pertain to the
investigative community as they often use unscrupulous methods to conduct their
investigations anyway.
Insurance Coverage
Another consideration to be made that often reveals the full-time agencies
from the part-timers (and most likely less experienced) is by looking at the
insurance that the investigator/agency carries. Most insurance companies, law
firms, and corporate clients require a $1,000,000 per occurrence liability
insurance to be in place prior to using the investigator's/agency's services. A
certificate of insurance should be requested to verify the policy information.
The insurance protects the investigator/agency as well as well as the client. If
the investigator/agency objects to showing proof of insurance, they probably
don't carry it. Ask if the investigator/agency has ever had to make a claim on
their insurance, and if so, get the details.
Reputation and References
In the investigative world, we often point out to clients and other
investigators that our reputation is everything. An investigator with a damaged
reputation will be most likely not get very many cases. The same way the
investigator will likely conduct a "mini-background" on the client
prior to taking on a case, so should the client gather information on the
investigator.
It is amazing the information that can be obtained by simply using Google or
a similar search engine to look up an investigator. Online public records and
newspaper postings can reveal consumer complaints, DUI's, bankruptcies, domestic
violence, sex offenses, tax evasion and other criminal records which have made
their way onto the internet. It is important to run a query on the investigator
AND the agency. Be sure to consider slight variations in the spelling of the
investigator or agency's name. The search engine results can also give you an
indication if the memberships that the investigator claims on their website are
current and valid.
For private party cases that may involve an attorney, a good start is to get
a recommendation for an investigator from the attorney especially since the
investigator may be working alongside the attorney throughout the duration of
the case. Certainly a recommendation for an investigator who has worked the same
specific type of case, whether it's from a friend or a family member should be
taken into consideration.
Asking the investigator/agency to provide references is also a wise idea.
Several of the references should come from colleagues and/or attorneys and not
just private parties. A good investigator is usually well known and respected
throughout the investigative and legal community. Also, several of the
references should come from clients who have had similar cases to the one that
the investigator will be hired for.
Some investigators will advertise and post their cases as having made the
television news or talk shows. Keep in mind, however, that not all investigators
work high-profile cases. Homicide and missing-person investigators will likely
make the news more often than background check or asset check investigators or
investigators that handle a large volume of process services. Also keep in mind
if you want your case to remain confidential after it is completed. Clients who
are involved in marital infidelity may not want their case discussed on Oprah.
Presentation
This is often an overlooked quality in an investigator/agency but one which
can greatly impact a case. In meeting with an investigator, he or she should be
appropriately dressed. Remember, this is a profession and an investigator should
act and dress in a professional manner. If the investigator is not well-groomed
and appropriately dressed in meeting with you, it is likely he or she will not
look appropriate if he or she has to testify in court on your case. The same way
an investigator pays attention to small details in their investigations, the
attention to detail should carry over to his or her appearance. An exception to
this rule is a surveillance investigator who is on site. A10 hour surveillance
in the summer is usually going to call for shorts and a tank top or similar
clothing to maintain comfort.
Websites and online postings, brochures, business cards, and other writings
should be looked at to determine an investigator or agency's writing ability.
Spelling and grammar should be noted. Poor spelling and grammar will translate
into a poor report. API's philosophy is that the report makes at least half of
the entire investigation. If an investigation which contains video and still
pictures does not have a well written, accurate, and concise report to go along
with it, the evidence will not be able to be well presented in court. Most
reports should contain only facts and not the investigator's opinion, otherwise
opposing council can and will pick apart that investigator in a court hearing.
Interviewing the Client
You will most likely feel like you are being interviewed or screened by the
investigator/agency prior to taking on a case. Ethical and smart investigators
will make sure that the case request is genuine and there will be no legal
repercussions for doing the investigation. Investigators must safeguard against
the results being misused. The investigator will likely use a contract which
will detail the type of case that is being requested, the uses for the
investigation results, and a release of liability holding the
investigator/agency harmless if the results are misused.
National vs. Local Agencies
Although national investigative agencies may seem better suited to handle a
case, this is rarely true. For a Colorado case, there is no better investigator
than a Colorado based investigator who is familiar with where the courts are,
the towns, the streets, shortcuts to get from point A to point B, etc. A
surveillance investigator who is flown in from Boston to Denver to conduct
surveillance is instantly at a disadvantage to an investigator from Denver who
has been conducting surveillance in Denver for years and knows the neighborhoods
and demographics of the area.
Also, the local agency will most likely turn over the completed case and
billing to the client quicker than a national agency based out of state. The
client has a better opportunity of meeting with the investigator face-to-face
with a local agency rather than one based out of state.
A fact that is not well known outside the investigative community is that
national companies usually use local investigators as sub-contractors to do
cases. If the client hired the sub-contractor investigator directly, the same
product could be received in a shorter time and likely for less money as there
is no middle man. There are many national companies that advertise as having
local offices in Colorado. However, most of these companies just have a post
office or mail drop as an address to give the illusion of having a Colorado
office.
Equipment
An important consideration in hiring an investigator is to ask what equipment
the investigator has pertaining to the specific type of case being requested.
Investigators who specialize in wire tapping should have equipment on hand to
discover wire taps. Investigators who specialize in surveillance should have
video cameras, still shot cameras, and covert/body worn cameras on hand to
conduct surveillance.
Fees/Charges
API has left this subject till the end and there is a reason for this. Many
clients will get tunnel vision when it comes to the hourly fee of the
investigator and they use this factor as the only one in picking an
investigator. This, of course can be a major mistake. You are not shopping for a
shirt; you are shopping for a PROFESSIONAL service; one which requires skill,
experience, and knowledge. A client should always look at the case as if it will
go to court, even if it never does. It is very difficult to compare 'apples to
apples' in picking an investigator. More appropriate questions that clients
concerned with the cost can ask are: Can the client set a cap on the fees and
expenses of the case? Can the investigator/agency give an estimate of the cost
of completing the case?
Investigators have different fees depending on the case. The fees can include
travel time, vehicle rental, mileage, toll charges, hotel/meal reimbursements,
report fees, court copy/document retrieval fees, court appearance fees,
video/audio copy fees, telephone calls, etc. The investigator should also give
updates or progress reports. Keep in mind, however, that with all other charges
being equal, if a $70/hour surveillance investigator can give the same results
in 5 hours versus a $50/hour investigator can give in 10 hours, which is the
better deal?
Return to top of Private Investigator page
Copyright 2007. Article by ADVANCED PRIVATE INVESTIGATIONS in
Colorado, a female owned investigations company that specializes in
surveillance catering to domestic and custody needs, as well as dating
background checks, criminal records checks, process serving, asset searches
and employment verification for child support. For more information call
(720)933-9301 or visit the website at www.advancedprivateeye.com
In addition to hiring a private investigator for you divorce case, you
will probably also need to consult with other family law
professionals. The following articles can help guide you in this
process:
A Guide to Divorce Lawyers
Using A Forensic Accountant
How To Save On the Cost of a Divorce
Mediation
Collaborative Divorce Alternatives
More Divorce Articles
Remember, legal information is not legal advice.
For specific advice, please consult a lawyer.
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