The Conviction Integrity Group does not present cases in court. Our role is to conduct thorough investigations, uncover new evidence, and provide crucial information that can be used to challenge a conviction. Once we have compiled our findings, we work closely with defense attorneys, post-conviction relief specialists, and legal teams who formally present the case in court.

The process of getting a case back into court typically involves filing a writ of habeas corpus or other post-conviction motions. If new evidence is discovered—such as previously unknown forensic findings, witness recantations, or proof of juror misconduct—an attorney can file a motion to have the case reviewed. This legal filing must demonstrate that the original trial was flawed or that a miscarriage of justice has occurred.

Once filed, the court will determine whether to grant a hearing to review the newly presented evidence. If the court finds merit in the claims, a new trial may be ordered, or the conviction could be overturned.

While the Conviction Integrity Group does not argue cases in court, we play a critical role in strengthening legal challenges by providing investigative expertise, expert witness coordination, and comprehensive case analysis to support the legal team in their efforts to seek justice.

In some instances, the investigators will need to testify during the presentation of the writ to the Criminal Court of Appeals. In that case, the Lead Investigator will travel to the courts to give their expert testimony.

Having access to relevant documents is crucial for us to begin our investigation effectively. However, we must obtain these from the official channels. The reason is simple. If we’re going to challenge that exculpatory evidence was not turned over to the defense by the District Attorney’s Office, we have to have an official copy from the DA’s office themselves. We can’t simply say, “Well, the family gave us these and they’re not there.”

However, the family is encouraged to provide any court records, trial transcripts, police reports, medical or forensic reports, and any correspondence related to the case that they do have. This will allow us to verify documents and allow us to gain a comprehensive understanding of the case and identify potential areas for further investigation.

If you are convicted of the murder of a police officer, and one of the jurors is married to a police officer, that could be a reason for your counsel to dismiss the juror for bias. However, if that juror answered on their questionnaire that no one in their family is a police officer, this is an example of a violation of the 6th Amendment. Motions for a new trial based on jury bias are very complicated and not all appellate attorneys are familiar with the process. 

In addition to that, juror bias is usually used only to bolster a writ of habeas corpus because the information can be subjective. In the previous example, a judge could rule that this juror may have lied on their questionnaire but maintain that the juror could have remained unbiased. Whereas a different judge in a different court could rule completely differently in the same set of circumstances. We always caution that while this is a means to try and get back into court, it is in no way guaranteed to work.

Every case is unique, and our first step is to conduct a preliminary assessment to determine if our services can be of assistance. This is done through a free consultation that you will have with one of our experts. If we identify potential areas of concern—such as constitutional violations, newly discovered evidence, or indications of an unfair trial—we will explain the services in detail and invite you to get started with us.

If our initial assessment suggests that there is a strong basis for further review, we will work closely with the family to be flexible on payments and any other financial concerns. Even if we determine that we cannot take on the case, we will provide guidance on possible next steps or alternative resources that may be helpful.

We are committed to ensuring that justice is served, and we encourage families to reach out so we can evaluate how best to assist.

Yes, but with strict legal and ethical limitations. In many jurisdictions, attorneys and their investigators are allowed to conduct limited background research on potential jurors before the trial. This can include reviewing public records, social media activity, prior criminal history, and past jury service. However, direct contact with jurors or any attempt to influence, harass, or intimidate them is strictly prohibited.

Attorneys often use jury consultants or private investigators to assess potential biases and ensure a fair jury selection process. Courts may also impose restrictions on the extent of juror investigations, and any improper conduct could result in sanctions, mistrials, or even criminal charges.

If you are involved in a case and have concerns about the jury selection process, check out our Jury Consultation page for more information.

If a juror is found to have been untruthful during jury selection (voir dire) or at any point during the trial, the consequences can be severe both during the trial and after a conviction. Here’s what can happen:

During the Trial

1. Juror Removal – If dishonesty is discovered before the trial concludes, the judge may remove the juror and replace them with an alternate.
2. Mistrial – If the dishonesty affects the fairness of the trial, the judge may declare a mistrial, requiring the entire case to be retried.
3. Contempt of Court – A juror who lies under oath can be charged with contempt, leading to fines or jail time.
4. Perjury Charges – In more serious cases, a juror who knowingly misrepresents themselves or their biases may face criminal charges for perjury, which can result in prison time.

Post-Conviction Consequences

If a conviction has already occurred and it is later revealed that a juror was dishonest, the following may happen:

1. Appeal or Motion for a New Trial – The convicted person can argue juror misconduct as grounds for a new trial. Courts will evaluate whether the dishonesty impacted the fairness of the verdict.
2. Conviction Overturned – If it is determined that the juror’s dishonesty affected the outcome, an appellate court may overturn the conviction and order a new trial.
3. Criminal or Civil Liability for the Juror – The dishonest juror could face legal consequences, including criminal charges for perjury or civil lawsuits if their actions caused significant harm.

Courts take juror honesty very seriously because an impartial jury is a fundamental right in the justice system. When a juror is deceptive, it can compromise the entire trial, leading to serious legal repercussions for both the defendant and the juror.

Attorneys often use jury consultants or private investigators to assess potential biases and ensure a fair jury selection process. Courts may also impose restrictions on the extent of juror investigations, and any improper conduct could result in sanctions, mistrials, or even criminal charges.

If you are involved in a case and have concerns about the jury selection process, check out our Jury Consultation (Link to Jury Consultation page) page for more information.

No, we do not accept cases on a pro bono basis. However, we work closely with the Truth & Justice Project, an organization dedicated to funding investigations into wrongful convictions. If your case involves a wrongful conviction and meets their criteria, they may be able to assist with funding an investigation.

For more information about their work and how they may be able to help, please visit their website at www.truthandjusticeproject.org.

If you have any further questions, feel free to reach out.

Understanding the Difference: Juror Bias vs. Juror Misconduct

• Juror Bias occurs when a juror has a preconceived notion or prejudice that affects their ability to remain impartial in a case. This bias can be based on personal beliefs, past experiences, racial or socioeconomic factors, or undisclosed connections to the parties involved. Evidence of jury bias can be grounds for appeal or a new trial if it is shown that a juror was not impartial and their bias influenced the verdict.
• Juror Misconduct, on the other hand, involves improper behavior by a juror during the trial or deliberations that violates the rules of court. This can include things like:
  • Conducting independent research about the case.
  • Discussing the case with outsiders before deliberation.
  • Bringing in outside evidence not presented in court.
  • Using social media to discuss the trial.
  • Concealing information during jury selection.
  • Engaging in coercion or intimidation of other jurors.

If we find evidence of juror misconduct but not juror bias, the legal consequences depend on the severity of the misconduct and whether it likely impacted the verdict. Potential outcomes include:

1. Motion for a New Trial – If the misconduct is serious enough to have affected the defendant’s right to a fair trial, a motion for a new trial can be filed. Courts will consider whether the misconduct influenced the jury’s decision.
2. Court Hearing on Misconduct – The judge may hold an evidentiary hearing to determine the extent and impact of the misconduct. Jurors could be questioned under oath about their actions.
3. Appeal Based on Jury Misconduct – If the case has already resulted in a conviction, evidence of juror misconduct can be used in an appeal, arguing that the defendant did not receive a fair trial.
4. Possible Dismissal of Charges – In extreme cases where the misconduct is particularly egregious and has compromised the entire trial process, the judge may dismiss the charges entirely.

While juror bias reflects a juror’s state of mind and predisposition, juror misconduct focuses on behavior that violates trial procedures. Both can impact a fair trial, but the legal remedies may vary depending on the circumstances and how the misconduct influenced the verdict.

Yes, even if an individual has entered a guilty plea, they may still have legal options for post-conviction relief. Many people mistakenly believe that pleading guilty means permanently forfeiting their ability to challenge their conviction, but this is not always the case. There are several circumstances under which a guilty plea can be challenged:

1. Ineffective Assistance of Counsel

If a defense attorney provided inadequate legal representation, a defendant may have grounds to challenge their guilty plea. This could include:

• Failing to investigate the case properly
• Coercing or pressuring the defendant into pleading guilty
• Not explaining the consequences of the plea adequately
• Failing to present available defenses or mitigating evidence
• Not informing the defendant of plea deal alternatives

2. Newly Discovered Evidence

If new evidence emerges after the guilty plea that could exonerate the defendant, post-conviction relief may be possible. Examples include:

• DNA evidence proving innocence
• Witnesses recanting previous statements or providing new testimony
• Surveillance footage or forensic reports that contradict the prosecution’s case

3. Prosecutorial Misconduct

A guilty plea may be challenged if it can be shown that prosecutors:

• Withheld exculpatory evidence (Brady violation)
• Coerced a confession or manipulated evidence
• Engaged in improper plea bargaining tactics

4. Involuntary or Coerced Plea

A defendant must enter a guilty plea knowingly, voluntarily, and intelligently. If they were misled, coerced, or threatened into pleading guilty, the plea could be invalidated.

• This includes situations where the defendant did not fully understand their rights or the consequences of the plea.
• Mental illness, language barriers, or other impairments affecting comprehension can also be factors.

5. Violation of Constitutional Rights

If a defendant’s constitutional rights were violated before or during the plea process, they may have grounds for post-conviction relief. Examples include:

• Unlawful searches or seizures (Fourth Amendment violations)
• Denial of due process under the Fifth and Fourteenth Amendments
• Denial of the right to legal counsel

6. Defective or Illegal Plea Agreement

If the plea agreement was based on a misunderstanding, false promises, or was not properly recorded, it could be challenged.

• If a judge fails to properly advise the defendant of the rights they are waiving by pleading guilty, this could also invalidate the plea.

7. Sentencing Errors or Excessive Punishment

Sometimes, a plea deal includes a sentence that does not align with legal guidelines. If the sentence imposed is unlawful, a defendant may be able to challenge it through post-conviction relief.

What Are the Legal Remedies?

If a guilty plea is successfully challenged, several outcomes are possible:

• Withdrawal of the Plea: The case may be reopened, and the defendant could go to trial or negotiate a new plea agreement.
• Vacating the Conviction: If new evidence proves innocence, the conviction may be overturned entirely.
• Resentencing: If the issue relates to sentencing errors, the defendant may receive a reduced or corrected sentence.

How Can a Private Investigator Help?

The Conviction Integrity Group handles plea bargains through our Comprehensive Case Rebuild service. Check out that page for a full explanation or request a free consultation today.

Post-conviction investigations are crucial for identifying errors, uncovering new facts, and challenging wrongful convictions. A private investigator plays a significant role in gathering evidence that was overlooked, suppressed, or misrepresented during the original trial. Here are the key types of evidence that can be uncovered during a post-conviction investigation:

1. New Witness Testimony

Witnesses who were not originally interviewed or who refused to testify may come forward with new information.

• Recanting Witnesses: Some witnesses may have testified falsely due to coercion, fear, or mistaken identity. A private investigator can locate these individuals and obtain affidavits correcting their testimony.
• Previously Undiscovered Witnesses: Some witnesses were never contacted by the defense and may have information proving the defendant’s innocence.
• Alibi Witnesses: If a defendant had an alibi that was ignored or discredited at trial, finding new supporting witnesses can be key to post-conviction relief.

2. Surveillance Footage and Digital Evidence

Modern technology allows for the retrieval of digital evidence that may not have been available during the original investigation.

• Surveillance Videos: Security cameras, dash cams, or home surveillance footage may contradict prosecution claims.
• Cell Phone Data: Location tracking, call logs, and text messages can be analyzed to determine whether the accused was actually at the crime scene.
• Social Media Evidence: Posts, messages, and photos can provide an alibi or reveal inconsistencies in the prosecution’s case.

3. Forensic Evidence and DNA Testing

Advancements in forensic science have exonerated many individuals through post-conviction DNA testing.

• DNA Testing: If physical evidence (such as blood, hair, or fingerprints) was never tested or improperly analyzed, new DNA testing can prove innocence.
• Ballistics and Firearms Analysis: In cases involving shootings, a review of bullet trajectory, gunpowder residue, and firearm ownership records can reveal new findings.
• Fingerprint and Handwriting Analysis: New technology can re-examine forensic evidence that was previously dismissed or improperly handled.

4. Brady Violations (Withheld Evidence by Prosecutors)

Prosecutors are required to turn over all exculpatory evidence (evidence favorable to the defense) under the Brady v. Maryland ruling. A post-conviction investigation may uncover violations such as:

• Failure to Disclose Key Evidence: The prosecution may have withheld documents, forensic reports, or statements that could have helped the defense.
• Undisclosed Witness Statements: If a witness originally gave statements contradicting their trial testimony, this could be grounds for relief.
• Secret Deals with Informants: If the prosecution offered leniency or other incentives to a witness but failed to disclose this, it may constitute misconduct.

5. False or Coerced Confessions

Some defendants, especially juveniles or individuals with cognitive impairments, may have been pressured into confessing to crimes they did not commit.

• Interrogation Recordings: Investigators can analyze police interrogation techniques to determine if coercion, threats, or deception played a role in a false confession.
• Psychological Evaluations: A review of the defendant’s mental state at the time of interrogation can provide evidence of suggestibility or coercion.

6. Misconduct by Law Enforcement or Prosecutors

Misconduct can taint a conviction and provide strong grounds for post-conviction relief. Investigators can uncover:

• Fabricated Evidence: Instances where law enforcement planted or manipulated evidence.
• False Testimony: Officers or expert witnesses who gave misleading statements at trial.
• Racial Bias or Jury Tampering: Any evidence that suggests a defendant was convicted due to racial prejudice or interference in jury deliberations.

7. Medical or Psychological Expert Testimony

In cases where medical evidence was used, a post-conviction review may reveal errors in forensic pathology or psychology.

• Reevaluation of Cause of Death: Some murder convictions have been overturned due to incorrect medical conclusions about cause of death.
• Reexamination of Psychological Evaluations: If a defendant was deemed competent or given a certain diagnosis, a new expert review may challenge those findings.

8. Official Records, Court Documents, and Case Files

Private investigators often review thousands of pages of trial records, police reports, and court documents to identify inconsistencies, errors, or newly available records.

• Errors in Police Reports: Mistakes or omissions in initial reports may reveal investigative failures.
• Juror Misconduct Evidence: If jurors were influenced by outside factors, such as media coverage or bribery, post-conviction relief may be warranted.

Appeals and post-conviction relief are both legal avenues for challenging a conviction or sentence, but they serve different purposes, follow different procedures, and have distinct legal standards. Understanding these differences is crucial for determining the right course of action for someone seeking justice after a conviction.

1. What is an Appeal?

An appeal is a direct challenge to a conviction or sentence based on legal errors made during the trial. It is not about introducing new evidence but rather about reviewing whether mistakes occurred that affected the fairness of the trial.

Key Features of an Appeal:

• Focus on Legal Errors: Appeals argue that errors made by the trial judge, prosecution, or defense attorney negatively impacted the case.
• Limited to the Trial Record: No new evidence or testimony is introduced; the appellate court only reviews the transcripts and records from the original trial.
• Must Be Filed Within Strict Deadlines: Appeals have strict time limits, typically ranging from 30 to 90 days after sentencing, depending on the jurisdiction.
• Potential Outcomes:
  • The conviction or sentence is upheld (denied appeal).
  • The case is sent back for a new trial (reversed conviction).
  • The sentence is modified or reduced.

Examples of Appeal Grounds:

✔ Incorrect jury instructions
✔ Improperly admitted or excluded evidence
✔ Insufficient evidence to support a conviction
✔ Prosecutorial misconduct
✔ Ineffective assistance of trial counsel

2. What is Post-Conviction Relief?

Post-conviction relief (PCR) is a broader legal process that allows a defendant to challenge their conviction or sentence based on new evidence, constitutional violations, or procedural errors that were not addressed during the trial or appeal.

Key Features of Post-Conviction Relief:

• Can Introduce New Evidence: Unlike an appeal, PCR allows the introduction of new witness testimony, DNA evidence, or other proof that may not have been available during the trial.
• Often Based on Constitutional Violations: Claims of ineffective assistance of counsel, prosecutorial misconduct, or violations of due process are common in PCR proceedings.
• Multiple Forms of Relief Possible: PCR may lead to a new trial, a new sentence, or even a full exoneration.

Common Grounds for Post-Conviction Relief:

✔ Newly Discovered Evidence: DNA testing, witness recantations, or other previously unavailable evidence proving innocence.
✔ Ineffective Assistance of Counsel: If trial counsel made serious mistakes that affected the outcome of the case.
✔ Brady Violations: Prosecutors withheld exculpatory evidence that could have benefited the defense.
✔ Coerced Confession or Police Misconduct: Evidence that law enforcement pressured the defendant into confessing or engaged in illegal practices.

No, an inmate does not have to be innocent for us to work on their case. Our focus is on ensuring the integrity of the conviction process, meaning we examine whether due process was followed, if there were legal errors, or if new evidence exists that could impact the outcome. While wrongful convictions are a major concern, we also work on cases where sentencing may have been excessive, constitutional rights may have been violated, or where other factors could merit legal review. Our goal is to seek truth and justice, regardless of guilt or innocence.