QUESTIONS

Private Investigations. Fundamentally, every investigation is conducted in similar manner. The first step of any investigation is the preliminary inquiry in which all the relevant data is obtained from the client. Information about key persons in the investigation is usually gathered from database reports that we have available. Reconnaissance is also conducted to obtain photographs and detailed information about specific places.

With this preliminary information, we will devise an Investigative Plan. Essentially the Plan will outline specific tasks or assignments. This plan is reviewed and updated several times throughout the investigation.

Three of the most common used techniques in any investigation are surveillance, interviews, and information sources.

Surveillance can be done in an overt (noticeable) manner for the purpose of determining certain acts. Surveillance can also be done covertly (without the knowledge of the subject) for the purpose of obtaining information. Interviews are often done with the interviewee's knowledge of the circumstances, but can also be done without the interviewee's knowledge, gathered for a specific reason (called pretext). Information sources come in several different variations, ranging from public documents in courthouses to confidential informants.

After all the information is gathered and sorted, our investigator will put the information into a written report, along with supporting evidence, to be presented to the client.

Process Service. Process service is the means by which the Courts obtain jurisdiction over an individual. Essentially, it is the delivering of court documents in a manner prescribed by law to an individual notifying him/her of a pending lawsuit. Process service can only be carried out by the Sheriff or a person appointed by the court where the action is being heard.

Service of process can be accomplished by personal service (physically handing the court documents to the defendant) or substituted service (leaving the court document with a resident). Constructive service (i.e., publishing in a newspaper) must receive prior authorization from the court. Process service should be completed within five days of filing the court action. A return of service must be completed by the process server as evidence of the service. This return of service is usually returned to the lawyer for review and filing with the court.

Service of subpoenas does not have the same strict requirements relating to who is eligible for service. The server does not have to be appointed by any court. They simply must be an adult who is not an interested party. Subpoenas may either be served by mail (certified or registered), given to the attorney of record (not usually applicable) or served physically to the individual. Subpoenas cannot be left with any resident such as process can be done.

Subpoenas must include a witness fee if applicable and be served at least 24 hours prior to scheduled court appearance. A return of service is usually returned to the lawyer for review and filing and should be filed with the clerk not less than 6 hours prior to the court appearance.

Polygraph. Powers Detective Agency offers several types of polygraph examination, including Criminal Defense, Domestic Issues, Civil Matters, Pre-employment, and Internal Theft. Pre-employment and Internal Theft polygraphs fall under the Employee Polygraph Protection Act (EPPA).

A Criminal Defense polygraph has three types. The first is when the accused person requests that he/she be given an examination to prove that he/she is innocent of the charges. The report is sent to the accused. The second type is when the examination is requested by a lawyer. Here the accused usually has been arrested and is pending some type of judicial proceeding. The report is sent to the lawyer. The third type is to prepare for a stipulated polygraph examination. The lawyer, who requests the polygraph, wants to know if the client will be able to pass a polygraph examination administered by someone designated by the district attorney. In some situations, lawyers recommend a client take at least three examinations prior to the final stipulated examination so they can have the experience and prepare for that stipulated examination.

Offering private investigation, private detective and security guard services to the Greensboro, High Point, Winston-Salem, Triad, North Carolina area. Call us at 336.294.9505 or toll free at 800.927.0753 for information.

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