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Three Questions to Ask When Researching Defendants

July 23, 2018, 8:46 am CDT

Investigating an opposing defendant is critical, in both criminal and civil contexts. Even prior to the filing of the legal matter, knowing all that you can about a defendant helps you to decide how to proceed – or whether it’s worth proceeding at all.

Given the sheer magnitude of personal data available and the most prominent being public records, where should an investigation begin? Start by asking the following three questions:

Are there prior criminal convictions?

This is likely one of the first inquiries in criminal law contexts – and for good reason. An abundance or lack of prior convictions would lead prosecutors to move for aggravated sentencing or make a generous plea offer. Any prior felony convictions or convictions for crimes of “moral turpitude” (those involving fraud or dishonesty) also may be used to:

• Impeach the defendant’s credibility as a witness
• Impeach the defendant on other grounds, such as by demonstrating potential inconsistencies in their testimony
• Establish the defendant’s habit or routine

Ongoing research may reveal new convictions or arrests that can strengthen a prosecutor’s position: A defendant in a DUI case who has refused to accept a plea bargain may have a change of mind if research turns up an arrest for public intoxication the weekend prior to the next hearing.

As in criminal matters, criminal records research can be used in civil cases to impeach the defendant’s credibility as a witness or unravel the defendant’s factual narrative. A controlled substance conviction in the history of a defendant in a personal injury case, for instance, may show an ongoing struggle with substance abuse that may, in turn, have played a significant role in the injury.

Is the defendant judgment proof?

In civil law matters, defendants are “judgment proof” when they are actually or effectively financially insolvent, which makes enforcing a judgment very difficult. A public records search can tell you whether the defendant has any bankruptcies, along with the date of these proceedings.

Public records could also reveal a defendant’s ownership of lien-worthy property. DMV records may reveal ownership of automobiles, watercraft, or all-terrain vehicles, while real property data may show ownership of a primary residence and whether it is encumbered by a mortgage or other liens, as well as ownership of any additional real property.

A defendant without any publicly registered assets may be listed as the owner of a business, which may hold a number of assets. Regardless of assets, the defendant’s affiliation with the business in itself may indicate financial resources sufficient to pay a hypothetical judgment.

Can the defendant’s history help fill in the blanks?

Public records research can reveal criminal backgrounds, civil lawsuits and judgments, and business and other organizational affiliations. Web and social media content, however, can prove equally useful.

Many individuals chronicle the events of their lives down to the most mundane detail in text, photos, and videos, while geographic tracking features allow them to announce to the world where they’ve been. Yet more personal information is available in the form of blog posts and news stories, which are less likely to have been published – and filtered – by the defendant.

Because of the raw enormity of the data available, utilizing a public records search platform will provide you with more comprehensive results and save countless research hours. For your free sample search and demo to public records searches on the most reliable search engine, visit here.

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