BSA Blog

"If he confessed, why have a trial?"

Fri, 03 Sep 2010 10:40:00 -0400

"If he confessed, why have a trial?"

How often have you heard (or even said) something similar? As the economy has cut deeply into the budgets of court systems everywhere, lawyers, judges and citizens search desperately for solutions. Of all the people who have the right to access the court system, those that garner the least support and sympathy are those accused of crimes against children and of murder. It's all too easy to point to these defendants, especially when there is a confession, and ask why they should be allowed to take up valuable court time that could be allocated to someone who might be found not guilty. With the ever-increasing use of DNA to verify or challenge convictions all over the country, it has been found that false confessions led to wrongful convictions in a surprising number of cases. Could you tell the difference between a false confession and a real one? ABC is going to give you a chance to find out. Check out this article, and see if you can identify the false confession. You can also read more about false confessions here.

If you have questions about criminal defense investigations, contact us for more information.

Byrd, Stillinger & Associates Private Investigations

BSA Criminal Defense Investigations

Digital Ethics

Fri, 13 Aug 2010 11:23:00 -0400

Pursuit Magazine publishes many fine articles for Private Investigations professionals. In many ways, the ethics issues for Private Detectives are similar to those facing attorneys. Of course, an attorney who hires a PI is responsible for the PI's ethical conduct. PI's should familiarize themselves with the ethical duties and restrictions of attorneys, and attorneys should have that potentially awkward concversation with any PI they work with to ensure that they are knowledgeable in this area. A growing area of confusion and sincere concern involves the "whats" and ""hows" of electronic media, survelliance and discovery. In this article titled "Ethics in an Electronic Era: 50 Ways to Get in Ethical Trouble with Technology", authors Sharon Nelson and John Simek provide food for thought for both attorneys and Private Investigators. Unlike most basic articles on the subject, this one is may very well cause many to raise their eyebrows as they think"ohhhh, hadn't thought of that!" and "wonder if the other side knows this?" Of course, check the statutes and ethics rules for your jurisdiction - have the conversation with your fellow professional - together you can obtain the best results for the client and maintain high ethical standards.

At Byrd, Stillinger & Associates Private Investigations, we work with clients and attorneys to obtain the best evidence ethically, efficiently and quickly in investigations ranging from adultery and custody to insurance fraud and criminal defense. Contact us for more information.

Byrd, Stillinger & Associates Private Investigations

www.investigatesc.com

1416 Park Street, Columbia, SC 29201

Columbia, Lexington, Camden, Sumter, Newberry, Winnsboro, Chapin and statewide

Cut Fraudulent Claims Short with Early PI Involvement

Fri, 23 Jul 2010 11:00:00 -0400

Often, by the time we get involved in a claim, there are complications due to the passage of time since the claim was made. Missed opportunities abound. In this article from www.WorkersCompensation.com entitled "New Ways a Private Eye Can Reduce Fraudulent and Frivolous Claims", adjusters and claims managers are encouraged to consider getting a trained PI involved at the beginning of every case to save money and time.

Here at BSA, we have a full staff of trained investigators - our firm has been investigating fraudulent claims since 1991. Contact us to discuss your investigation needs.

Byrd, Stillinger & Associates Private Investigators

www.investigatesc.com

Press Release

Thu, 22 Jul 2010 11:08:00 -0400

Local SC Private Investigator to Chair the SC Bar-CLE Committee

Contact:

Brian Stillinger, Byrd, Stillinger & Associates

803-400-1974 or

Emily Wright, Option Media

803-767-4817

FOR IMMEDIATE RELEASE

Columbia, SC: July 2, 2010- Elizabeth Cook, Senior Investigator and General Counsel for Byrd, Stillinger & Associates, has been chosen as the 2010-2011 Chair of the South Carolina Bar-Continuing Legal Education (CLE) Committee. According to the South Carolina Bar CLE Director, Terry Burnett, “Elizabeth was chosen as the 2010-2011 CLE Committee Chair because of her dedicated service, extensive experience in a wide range of legal practice areas, demonstrated leadership, and commitment to the mission of providing excellent and innovative continuing legal education opportunities for South Carolina lawyers.”

The CLE Committee is responsible for designing and executing compelling, practical and scholarly programming so that South Carolina attorneys can maintain and build the knowledge and skills base to keep them on the cutting edge of legal practice nationally. Burnett adds, “Elizabeth’s knowledge in a range of practice areas makes her the ideal choice to lead this committee.” Cook is excited about her appointment, “I’ve enjoyed working with Terry, his staff and the committee for the last few years. The study of law is a life-changing and lifelong process, and it’s an honor to be selected to lead a Committee that so heavily influences the substance and availability of opportunities for lawyers to renew, re-energize and expand their legal knowledge.

Elizabeth Cook graduated from Lancaster High School in 1985. She attended the University of South Carolina, where she earned her Bachelor of Science in Criminal Justice. She served as a Patrol Officer for the City of Forest Acres. In 1994, Elizabeth earned her Master of Public Administration from the University of South Carolina Graduate School and Juris Doctor from the University of South Carolina Law School. She serves on the Board of Trustees of the SC Youth H.O.P.E Foundation, on the SC Bar CLE Publications Committee and on the Richland County Bar Public Service Committee. Elizabeth is a member of many community organizations, including the National Association of Investigative Specialists, the Greater Columbia Chamber of Commerce, the SC Women Lawyer’s Association, and the SC Insurance Fraud Investigator’s Association.

Founded in 1991, Byrd, Stillinger & Associates serves the State of South Carolina with quality private investigation services. The firm focuses on domestic investigations, criminal defense, and fraud. Byrd, Stillinger & Associates has expertise in a range of situations, including domestic violence, adultery and infidelity and child custody cases.

For more information about the SC Bar CLE Committee, please contact Terry Burnett, CLE Director, at 803.576.3780 or visit www.scbar.org.

Should you trust eyewitness identification?

Thu, 08 Jul 2010 21:08:00 -0400

Take a look at this article on a recent heinous crime where eyewitnesses gave vastly different descriptions of a single perpetrator. It's natural to want to believe a victim when they say they know who attacked them, but we need to be careful. According to the Innocence Project, the convictions in many of the DNA -based exonerations to date were based in large part on eyewitness identification. Thorough investigation and resolution to the backlog in DNA testing can help avoid these wrongful convictions. If you have questions about criminal defense investigations, contact us for more information.

Byrd, Stillinger & Associates Private Investigators

www.investigatesc.com

How to Report Insurance Fraud - and Why

Fri, 02 Jul 2010 15:16:00 -0400

Todays press release from the SC Insurance News Service reports on a guilty plea by a Lexington man charged with insurance fraud. His claim was "only" a little over $2000. Why report on this? Because it is the accumulation of "small" claims like his that cost insurers, and therefore us, their customers, millions of dollars every year. According to the SC Attorney General's office, in 2009 nearly $7 million in fraudulent claims were reported just here in South Carolina. False or exaggerated medical, automobile collision and property/casualty claims raise insurance rates for everyone. What can you do? Report suspected insurance fraud! Not only is it the right thing to do, it is required by law. Did you know that in SC, it is illegal NOT to report insurance fraud? According to the SC Attorney General, you "must report insurance fraud if you have reason to believe someone has committed this crime." Their Insurance Fraud Brochure provides additional information on fraud, including their 24-hour fraud hotline. Call 1-888-95-fraud or get an Insurance Fraud Complaint Form online to make a report - you can remain anonymous if you choose. Every claim, like every vote, really counts.

Byrd, Stillinger & Associates Private Investigators

www.investigatesc.com

New Rates and Specials Help Domestic Clients

Mon, 28 Jun 2010 17:15:00 -0400

At Byrd, Stillinger & Associates, we understand that when our services are needed, clients are facing a wide variety of emotional, practical and financial concerns. The prospect of a possible divorce, a change in custody or alimony brings with it a level of uncertainty in any economic climate. As we talk with our clients we see more and more that the state of the economy is an increasing concern, and we want to help. We don't want you, your family, your friends, or your clients to settle for second best. As a fully staffed, licensed, insured, experienced firm, we can provide the best service for you, and our new rates and specials, we hope, will enable more concerned spouses and parents to get the answers they need and deserve. Click here to see our Fees page, and find out about our hourly rates, reduced mileage rate, FREE GPS tracking and FREE vehicle "bug sweep."

Byrd, Stillinger & Associates Private Investigators

www.investigatesc.com

Excellent articles on Computer Forensics for Lawyers

Mon, 21 Jun 2010 11:51:00 -0400

Digital data mining is increasingly important, and lawyers are not always the most tech-savvy folks out there. Here is a link to 4 articles that give you the basics and a little more. Highly recommended for lawyers and anyone interested in what data is out there and how to get it!

"Computer Forensics fo r Lawyers who Can't set a Digital Clock"

Byrd, Stillinger & Associates Private Investigators

www.investigatesc.com

Ever Lose a Laptop?

Fri, 18 Jun 2010 17:01:00 -0400

We all worry about crashes and hackers - but one of the biggest risks we face in terms of laptop security is simply forgetting it. Of course, car breakins and other incidents can put our data in the wrong hands, as well. Fortunately there are a number of commercially available programs to help us protect our data and even recover our devices once they've fallen into the wrong hands. Check out this article about some of the products available.

Byrd, Stillinger & Associates Private Investigators

www.investigatesc.com

Backlog of Untested DNA: What Can be Done?

Tue, 15 Jun 2010 10:08:00 -0400

We hear almost every day of another person wrongfully convicted by circumstantial or eyewitness testimony being freed after years behind bars for a crime they didn't commit. Slowly, states are beginning to admit that our justice system, though by far the best in the world, isn't perfect. In Virginia, the Innocence Project has helped spearhead an effort to be more proactive in these cases. Read about their efforts here:

www.newsleader.com/article/20100614/NEWS01/100614001/1002/U.Va.+law+students+volunteer+for+DNA+notifications

Here at Byrd, Stillinger & Associates, we provide criminal defense investigation services to attorneys all across South Carolina. With the only licensed attorney/investigator in the State, we proudly help protect the rights of the accused.

Byrd, Stillinger & Associates Private Investigators

www.investigatesc.com

GPS Tracking Q&A

Tue, 18 May 2010 10:56:00 -0400

Why Use GPS?

GPS (Global Positioning System) tracking has become more reliable and efficient as the technology has improved. We often recommend using GPS to track a cheating spouse. In cases where there is suspicion but no indication of who the spouse is seeing, or when or where, GPS tracking allows us, working with the client, to narrow down times and places for manned surveillance. In cases where more information is available, it allows us to limit the number of hours of manned surveillance required, since we can simply wait until the cheater is headed to meet their lover to send an investigator out with camera in hand.

How Does it Work?

There is a huge system of satellites orbiting earth that are synchronized with each other and transmit signals giving the time and their location. The satellites are controlled by systems on earth. The satellites constantly transmit this data. A GPS receiver unit receives data from several satellites at a time, and calculates its own position based on the positions of the satellites it is receiving data from. Originally, GPS receiver units were rather large, due to the physical space that a computer capable of those calculations took up. As the required computer space shrank, so did the GPS receiver units. Today, they are small enough to fit in a cell phone, though quality and reliability vary greatly. Most GPS units now also transmit signals back out via satellite so that the location of the unit can be monitored.

Is it legal?

In South Carolina and most other states, use of GPS by a licensed investigator to track a cheating spouse is completely legal. The GPS tracker does not provide any more information than would be obtained by an investigator simply following the subject, so there is no reason to treat GPS tracking differently than manned surveillance. Consult with your attorney or investigative professional for the rules in your state.

Is GPS evidence admissible in court?

Yes, but you should not rely on it, by itself, to prove much. A qualified investigator uses GPS tracking to direct him to the times and places where manned surveillance is most likely to yield evidence helpful to the client's case. It is the observations and documentation presented in court by the investigator that will persuade a judge to find in the client's favor, not the GPS.

Byrd, Stillinger & Associates Private Investigators

www.investigatesc.com

Working effectively with your private investigator

Mon, 01 Feb 2010 15:56:00 -0400

You've made your decision and hired a private investigator. Now what? The best all-encompassing advice we can give you is to trust your decision and let the detective do his job. Most of all, do not do anything to "tip off" your spouse, or arouse their suspicions. For example, you should maintain your normal level of interaction - don't ask more questions, don't ask less. Don't change your schedule or make other major changes that are likely to let your spouse know something is different. Most of all, DO NOT follow or have others follow your spouse during the investigation. Nothing is more frustrating for an investigator than to have the client show up near a surveillance operation. If you are seen, not only will that surveillance be useless, you may cause your spouse to shut down their activities - remember, we cannot gather proof for you if your spouse isn't doing anything that needs to be proven!

Along the same lines, you should be very careful about who knows you have hired an investigator. There is no better time to decide to keep something to yourself. Too many people find out too late that friends, family or coworkers they confided in deliberately or accidentally revealed their plans to the spouse, or just to someone they thought they could trust. If your spouse finds out he or she is being followed, the investigation will probably have to be delayed - at worst, you could completely ruin any chance you had to obtain evidence that is admissible to prove the infidelity. When you suspect adultery, it is natural to want to complain to or confide in friends and family, but the longer you can keep the investigation to yourself, the better. Likewise, as the investigation progresses, do not confront your spouse with anything that is found unless and until you have discussed the findings with your attorney. What seems like "all the proof you need" to you may not be legally sufficient to prove adultery in Family Court. If you don't have an attorney, at the very least discuss progress with your investigator and keep your long term goals in mind. It may be very tempting to confront your husband or wife when they lie to you about where they were the night before, but if you resist the temptation, you stand a much better chance of him or her continuing their behavior, giving the detective ample opportunity to document it for you.

Communicating with your investigator is crucial, but remember you are paying by the hour (most likely) for their services, so limit your conversations to providing information on possible surveillance opportunities or information the detective may need to conduct the investigation efficiently. If you find out that your spouse has made or changed plans for a possible meeting with their lover, let the investigator know as soon as possible. Solo investigators plan their surveillance activities based on the information they have, so if you wait, they may already have another case scheduled. National companies typically have a scheduling process that may not be timely enough to get the information processed and the task assigned to the field investigator. Often, national companies contract with local solo investigators, so you are taking a risk, if you wait, that the information may not reach the investigator in time. Most local mid-sized firms, like Byrd, Stillinger & Associates, have several field investigators available, but just like the solo and national companies, we schedule surveillance based on the information we have. If you call at the last minute, we can probably accommodate your request, but you may be charged extra. Hopefully you will have read the contract for services before signing and be aware of any price differentials - if you are concerned, ask! The investigator works for you. Getting the information to the investigator as soon as you can helps them schedule surveillance effectively, keeps you from missing out on an opportunity to gather valuable evidence, and saves you money.

As the investigation progresses, be patient, and be realistic, considering all the circumstances and the professional advice of your investigator and attorney. In some cases where the adultery is out in the open, it is not as difficult to document. If, however, your spouse is being very careful and/or is aware of what is required to prove adultery, it may take weeks or months to gather enough evidence. A termination of alimony case, by definition, takes quite a long time and a significant investment in surveillance time and equipment. Other complicating factors, such as significant travel, location and privacy of activities, an affair with a co-worker, adultery with a person of the same gender and many other factors can complicate surveillance efforts. If you did a good job of researching and interviewing before you hired a detective, they will be happy to explain whatever difficulties they anticipate before the case begins, and to discuss new concerns as they arise during the course of the investigation. Sometimes the subject of the investigation "makes" the detective (realizes they are being followed) - sometimes this is due to a mistake on the part of the surveillance investigator, but not always - no honest detective will claim they have never been "made" during an investigation. Experienced investigators with proper equipment are less likely to get "made", but it can happen even to the best of us. If this happens, the investigator may notify you, and you should discuss how to proceed. Be aware, though, that you may get an angry or scathing phone call from your spouse claiming they know you're having them followed. Perhaps they "made" the investigator, but perhaps not. Often, people involved in affairs make this accusation just to see how the innocent spouse will react - they may in fact not know anything at all. You will need to use your instincts to decide how to react, but if it is at all possible to continue to keep the investigation to yourself, by all means do so, then discuss with your investigator as soon as you can.

Sometimes the investigator will follow the subject on many occasions and not document any suspicious behavior. This could be due to the subject being very careful or any number of other factors, but your detective should be willing to provide you with updates and talk to you about possible changes in strategy. If your investigator brushes you off or refuses to discuss "what's taking so long", you may need to reconsider your choice of investigators. Be mindful, though, that you are experiencing many different emotions and it can be difficult to be patient, and it can be difficult to process when you hear things you don't want to hear. We understand, and will be glad to discuss your investigation, strategy and goals any time. As with any positive relationship, you and your investigator must be willing to listen to each other and work together towards your goals.

Once you and/or your attorney are satisfied that enough evidence has been gathered, the investigator should provide you with a detailed report and a copy of any photographs, video and audio they have obtained. Expect the investigator to require full payment before providing a report or testifying in a deposition or court proceeding. Your investigator should be available to discuss the case with your attorney both during and at the conclusion of the investigation.

What should you do if something goes wrong? You're not satisfied with the progress of the case....you're not comfortable with the strategy....these issues can usually be resolved by contacting the investigator and setting an appointment to meet face to face. If you cannot resolve the issues, you may wish to discuss terminating the case. Most private detectives require a non-refundable retainer, and you agree to it being non-refundable when you sign the contract. This is one of the many reasons it is crucial that you take the time to choose your private investigator very carefully. An honest and reputable investigation firm may be willing to discuss a return of some portion of a retainer that has not been used; however, they are certainly not required to do so. An investigator, especially a solo detective, may have turned down other cases due to her commitment to your case, and though this is a perfectly legitimate reason not to consider a refund, she is not required to divulge this information.

If the problem is that you can't find your investigator or are having trouble getting a big company to communicate with you, very often contact from your attorney will bring a swift response. If the investigator is working hard on your case, he will be more than willing to let your attorney know this. If contact via your attorney does not work, or you have concluded that the investigator is simply not to be found, or that you have been cheated, you may contact SLED Regulatory Services to file a complaint. An investigator in SC who fails to abide by licensing requirements can be censured or can even lose their license. If you have an attorney, discuss your concerns with them before filing the complaint. An alternative to filing a complaint with SLED, if you feel you were cheated, is to file a complaint in Magistrate's or Common Pleas court. Litigation is expensive with no guarantees, though, so again, talk with an attorney before proceeding. Hopefully you will never have need for these steps. We know and work with private investigators all over SC, the US and even internationally - the overwhelming majority are hard working, honest professionals. If you have or have had a negative experience with a private detective, look back and try to assess whether there were any tell tale signs that indicated that the investigator might not live up to your expectations, and then, armed with this new wisdom, start your search again. Check out our previous blog article and the Choosing a PI page on our website for more information on how to choose the right private investigator.

Byrd, Stillinger & Associates Private Investigators

www.investigatesc.com

Finding, interviewing and contracting with an adultery investigator

Wed, 27 Jan 2010 23:37:00 -0400

It's a nightmare. You suspect your spouse is cheating, your life is turned upside down and you want to know the truth. Your personal and financial future hang in the balance, and you've wisely decided against trying to get proof yourself or by getting friends and family involved. What next? A quick internet or phone book search reveals dozens of private detective companies in your area. It's crucial that you find one that provides quality work at a fair price, who will be there for you if your case goes to trial months or even years later. It will take some time to gather information to make a wise choice, so take a deep breath and promise yourself that you will not make a hasty decision.

If you have an attorney, or know attorneys who handle family court cases, call and ask for a referral to an investigator they have used in the past. A referral from an attorney or other legal professional is a strong indication of quality, but by no means should you simply hire the first firm you are referred to. The vast majority of professional detective companies have invested in a good quality website that provides a wide range of information. Use your favorite search engine to search for firms in your area, and take some time to look through the sites you find. Ask yourself these questions: Is the site professionally designed and free of spelling, grammar and punctuation errors? Does the site give you information on the investigators' experience, training, equipment and surveillance capabilities? Is the company locally owned and operated, or a national company with (or without) an office in your area? Does the firm have an office location? Does the firm make unrealistic promises? How long has the company been in business? Are its owners and/or employees involved in the community? Do the owners and/or investigators have specialized training, education or experience? Do any of the company's investigators teach classes or write articles? Are they considered experts by their peers and the community? Overall, what impression do you get from their site? Compile a list of three or more firms you feel the most confident about.

Make a call to each of the companies and ask a few preliminary questions, such as "how do you set your fees?", "who will do the actual work on my investigation?", "how do you handle multiple investigations simultaneously?" and any other questions you may have. Find out if the company offers a free initial consultation. Ask yourself whether each person you talk to is compassionate, professional and knowedgeable. Most likely, your impressions from the website will be consistent with your impressions from the phone conversations. If not, go back and look through more sites and repeat the process until you have no less than two companies you would like to interview, and call for appointments.

When you arrive for your meeting, look for indications that the firm is well-established, professional and reputable. A clean, well-maintained office, small or large, is a sign that the owner is willing to invest in the company and is financially stable. Ensure that the company is licensed, if required by your state. Look for signs that the company and/or its employees are involved in the community. Memberships in the Better Business Bureau, local Chambers of Commerce, Professional Associations and Civic groups are a good indication of the firm's commitment to quality business practices and professional development. Assess the people you meet as you would any professionals: do they dress, speak and conduct themselves in a businesslike manner? Do they treat you with courtesy and respect? Are they interested in helping you or just in how much money they can make? Do they answer your questions honestly and completely? Do they promise you too much or are they careful to give you realistic expectations? Are they organized, efficient, on time and attentive? What about them impresses or concerns you? Make notes during and after your meeting.

Remember you are the customer; you are interviewing the investigator to determine if you want to hire him or her to handle one of the most important issues in your life. Try to resist the temptation to hire the first company you interview on the spot. Follow through with interviewing the others you chose, then if at all possible, make your decision only after a day or two of careful consideration. Once you've made your decision, the company should provide you with a written contract, answer any questions you have about it and work with you to decide on an investigative strategy that fits within your budget. Be prepared to pay a retainer up front, just as you would with an attorney or other professional firm. Now that you've made your decision and have an investigator on the case, trust your decision and let the investigator handle matters from that point forward.

Our next article will cover what to do and what not to do once you've hired an investigator, how to work with (and not against) your investigator, how to communicate effectively during the investigation and what to expect when the investigation is complete. We'll also cover what to do if something goes wrong.

Byrd, Stillinger & Associates Private Investigators

www.investigatesc.com

Welcome to the new website!

Sun, 03 Jan 2010 14:46:00 -0400

We are very pleased to welcome you to our new website. We hope that the site and the blog will be useful to you. We have included information on typical signs of adultery, how to choose a Private Investigator, and a number of links to legal resources. Be sure to check out the information on our historic office building. Check back often for updates and information, and subscribe to the blog to be automatically notified of new articles.

As always, call or email us if you have questions or any suggestions on how we can make this site more useful to you.

Happy New Year!

Byrd, Stillinger & Associates Private Investigators