Pre-Sentence Investigation (PSI) — Defense Approach
A PSI is the probation officer's report to the judge before sentencing. It contains criminal history, personal background, and a sentencing recommendation. IAI's job is to identify errors, find mitigating factors the probation officer missed, and build the strongest possible narrative for the defense client.
1Attorney Intake & Case Review▼
📁 Obtain and Review the File
Request the complete case file from the attorney before any other action. Do not begin interviews without reading the file in full.
- Police reports — all supplements, not just the primary
- Arrest records and booking documents
- Indictment or information — exact charges
- Prior PSI reports if available
- Plea agreement if case resolved by plea
- Any co-defendant information
- Victim impact statements if provided
⚖️ Questions to Ask the Attorney
- What is the client's primary concern about the PSI — criminal history, personal narrative, or the recommendation?
- Are there any known errors in the client's criminal history that need to be corrected?
- Is the client cooperating with probation or have they invoked their right not to speak?
- What mitigating factors does counsel want emphasized?
- What is the target sentencing outcome — probation, downward departure, time served?
- Are there any family members, employers, or community leaders willing to provide letters or testimony?
- Has a mental health or substance abuse evaluation been conducted? Is one needed?
2Client Interview — PSI Preparation▼
Approach: This is not an interrogation — it is a mitigation interview. Your job is to build the most complete and sympathetic truthful narrative possible. Listen more than you speak. Let the client tell their story.
👤 Personal History
- Where were you born and where did you grow up?
- Describe your childhood home and family situation.
- Were there any significant hardships in your childhood — poverty, abuse, neglect, instability?
- Did you have consistent parental supervision growing up?
- What is your relationship like with your parents and siblings today?
- At what age did you first have contact with the juvenile justice system, if at all?
- Were you ever placed in foster care, group homes, or juvenile detention?
- Describe any trauma you experienced as a child or young adult.
- Have you ever been diagnosed with a mental health condition? Are you currently receiving treatment?
- Do you have any history of substance abuse? When did it start and what triggered it?
🎓 Education & Employment
- What is your highest level of education? Did you graduate?
- Were there barriers that prevented you from completing your education?
- What vocational skills or certifications do you hold?
- Describe your employment history for the past 5 years.
- Are you currently employed? If not, what are the barriers?
- Do you have any skills or training that could support employment after this case?
👨👩👧 Family & Community Ties
- Are you married or in a committed relationship? How long?
- Do you have children? What are their ages? Are you active in their lives?
- Who depends on you financially or emotionally?
- Are you involved in any religious community, civic organization, or volunteer work?
- Who in your community can speak to your character — employers, pastors, coaches, neighbors?
- What would a prison sentence mean for your family specifically?
🔄 Accountability & Future Plans
- How do you understand what happened in this case?
- What have you done since your arrest to address any issues that contributed to this situation?
- Have you voluntarily entered any treatment, counseling, or educational programs?
- What is your plan if you receive probation — where will you live, work, who will support you?
- What specific steps have you taken to make things right, if applicable?
3Criminal History Audit▼
Critical task: Criminal history errors are one of the most common and impactful problems in a PSI. A single misclassified prior conviction can dramatically increase a guideline range. Every entry must be verified.
🔎 Verification Steps
- Pull NCIC/TCIC printout and compare against PSI criminal history section line by line
- Verify each prior conviction — was it actually a conviction or just an arrest?
- Check for cases that were dismissed, deferred, or resulted in acquittal
- Verify dates of offenses and sentences — are they correctly scored under the guidelines?
- Identify any convictions that may be constitutionally infirm — no counsel, no valid waiver
- Check for pardons, expunctions, or orders of nondisclosure that may affect scoring
- Identify any juvenile adjudications improperly counted as adult convictions
- Verify that related offenses are not being double-counted
❓ Questions to Ask the Client About Each Prior
- Do you remember this case? What actually happened?
- Did you have an attorney? Did you understand what you were pleading to?
- Was this case dismissed at any point? Did you complete a diversion program?
- Were you ever told this conviction could be expunged or sealed?
- Were you under the influence, mentally ill, or otherwise impaired when you entered this plea?
4Collateral Source Interviews▼
👥 Who to Interview and What to Ask
Collateral sources provide third-party verification of the client's narrative and build credibility with the judge. Prioritize family members, employers, clergy, coaches, and teachers.
- How long have you known the defendant and in what capacity?
- Describe the defendant's character in your own words.
- Have you observed the defendant as a parent, spouse, employee, or community member?
- Are you aware of any hardships the defendant has overcome?
- Have you seen the defendant take responsibility for their actions in this matter?
- What do you believe will happen to the defendant's family if they receive a prison sentence?
- Would you be willing to provide a written letter to the court?
- Would you be willing to testify at sentencing if needed?
5PSI Report Review & Objections▼
📝 Line-by-Line Review Checklist
- Verify all personal data — name, DOB, SSN, aliases — are accurate
- Confirm offense conduct section accurately reflects the actual offense behavior
- Identify any victim impact statements that contain factual inaccuracies
- Check guideline calculations — base offense level, adjustments, criminal history category
- Identify any enhancements that are factually unsupported
- Review the probation officer's recommendation — is it supported by the facts in the report?
- Note any mitigating factors the probation officer failed to include
- Prepare a written objection memo for the attorney for each identified error
Family Violence Investigation — Defense Perspective
IAI works for the defense. In family violence cases, this means investigating the complainant's account with the same rigor law enforcement should have applied — but rarely does. Our goal is to find the full truth, not confirm a predetermined narrative.
Critical Reminder: Never contact the alleged victim directly without explicit written authorization from the attorney. Unauthorized contact can result in additional charges and disciplinary action.
1Case File & Evidence Review▼
- Obtain all police reports including supplemental reports from all responding officers
- Review body camera footage from all officers on scene
- Review dispatch recordings and CAD logs — timing and descriptions matter
- Obtain 911 call recording — what exactly did the caller say? Background noise?
- Review all photographs taken at scene — injuries, condition of the residence, positions of furniture
- Obtain medical records for any treatment of injuries — do injuries match the account?
- Review any prior calls to the same address — history of prior incidents
- Check for any protective orders — current or prior
- Review social media posts from the date of the alleged incident and surrounding days
2Client Interview — Defense Account▼
Approach: Let the client tell the story in their own words first — uninterrupted. Then go back through with specific questions. Document everything verbatim where possible.
🗣️ Relationship History
- How long have you been in this relationship? How did you meet?
- Describe the relationship — was it generally healthy or were there recurring conflicts?
- Have there been prior incidents of physical conflict? Who initiated?
- Have police ever been called to your residence before? For what reason?
- Has the complainant ever made prior false accusations against you?
- Is there any pending divorce, custody dispute, or civil litigation between you and the complainant?
- Does the complainant have any financial motive to make these allegations?
- Has the complainant ever threatened to call police or file charges during arguments?
📅 The Day of the Alleged Incident
- Walk me through the entire day — from when you woke up to when police arrived.
- What was the emotional state of both parties at the start of the interaction?
- What specifically triggered the conflict?
- Were any children or other adults present? Who specifically?
- Describe exactly what physical contact, if any, occurred — who initiated?
- Did you act in self-defense? Describe the threat you were responding to.
- What injuries, if any, did you sustain?
- What was said between you and the complainant immediately before, during, and after?
- Where exactly were you when police arrived? What were you doing?
- What did you say to police? Were you given a Miranda warning?
- Were you under the influence of alcohol or any substance?
- Was the complainant under the influence?
📱 Electronic Evidence
- Do you have text messages from the complainant on the day of the incident or after?
- Are there any voicemails, emails, or social media messages that support your account?
- Does the complainant have a history of posting about you on social media?
- Were there any Ring, Nest, or other surveillance cameras at the residence?
- Did you or the complainant contact anyone by phone during or immediately after the incident?
3Complainant Background Investigation▼
Purpose: We are not attacking the complainant as a person. We are investigating whether their account is consistent, whether they have a history of making false reports, and whether external factors may be influencing their account.
- Criminal history — prior arrests for filing false reports, fraud, theft
- Civil court history — prior protective orders filed or withdrawn
- Prior family violence reports involving the complainant as either party
- Social media review — posts on and around the date of the incident
- Prior statements to police in other matters — inconsistencies in how they describe events
- Immigration status if relevant — fear of deportation as a potential motive
- Financial relationship with the defendant — who controls the money?
- Child custody status — is custody at stake in this or a related proceeding?
- Witness interviews — neighbors, mutual friends, family members who observed the relationship
4Witness Questions — Neighbors & Bystanders▼
- Did you hear or see anything on the date in question? Describe exactly what you observed.
- What time did you first notice anything unusual?
- What specifically did you hear — voices, sounds of a physical altercation, breaking objects?
- Could you tell who was speaking or making sounds? Describe the tone — calm, angry, frightened?
- Did you see either party before or after the incident? Describe their appearance and demeanor.
- Have you observed prior incidents between these parties?
- Have you ever seen the complainant behave aggressively toward the defendant?
- Has the complainant ever discussed the relationship with you? What did they say?
- Did police contact you? What did you tell them?
- Are you willing to provide a written statement or testify?
Skip Trace & Background Investigation
A skip trace locates a subject using publicly available records and open-source intelligence. A background investigation builds a comprehensive profile of a subject — their history, associations, assets, and credibility. Both are essential defense investigative tools.
1Starting Information — What You Need▼
📋 Minimum Information Required to Begin
- Full legal name (including maiden name if applicable)
- Date of birth
- Last known address
- Social Security Number (if available — for licensed database searches only)
- Known associates, family members, or employers
- Vehicle information if available
- Phone number (even if disconnected)
2Free & Open Source Resources▼
| Resource | URL | What It Provides |
|---|---|---|
| google.com | All-purpose — use advanced operators | |
| Texas Courts | search.txcourts.gov | State court records — civil and criminal |
| Harris County Courts | hcdistrictclerk.com | Harris County civil/criminal records |
| PACER | pacer.gov | Federal court records — all districts |
| TXDMV | dmv.texas.gov | Vehicle registration (DPPA authorized use) |
| Harris CAD | harriscountytx.gov | Property records — Harris County |
| Fort Bend CAD | fbcad.org | Property records — Fort Bend County |
| Texas SOS | sos.state.tx.us | Business filings and registered agents |
| WhitePages | whitepages.com | Address history, phone numbers |
| Spokeo | spokeo.com | Contact info, relatives, addresses |
| linkedin.com | Employment history, professional connections | |
| Vinelink | vinelink.com | Current incarceration status |
| TX TDCJ Offender Search | tdcj.texas.gov | Texas prison records |
| Sex Offender Registry | txsor.dps.texas.gov | Registered sex offenders — Texas |
3Step-by-Step Skip Trace Process▼
- Build the Base Profile: Start with everything you know. Google the full name with city, DOB, and any known associates. Document every result. Build a timeline of known addresses and employment.
- Court Records Search: Search Harris County, Fort Bend County, and all surrounding counties. Federal court via PACER. Court records contain addresses at the time of filing — often more current than other sources.
- Property & Utility Records: Property records show current ownership. Search the subject's name AND their known associates — they may be living at a property owned by a family member.
- Social Media OSINT: Cross-reference all platforms. Look for recent check-ins, tagged locations, employer mentions, and photos that reveal current location.
- Associate Network: People don't disappear alone — they go to people they know. Identify and search family members, known associates, former employers, and former addresses.
- Field Verification: Once a probable address is identified, conduct a discreet field check before making contact. Confirm vehicle registration matches, mail in the name of the subject.
4Complainant Background — Credibility Investigation▼
Purpose: The goal is not to destroy the complainant — it is to provide the attorney with accurate information about the complainant's background that may be relevant to their credibility, motive, or history.
- Full criminal history search — Texas and federal, all counties
- Civil court history — lawsuits filed, judgments, restraining orders
- Prior false report filings — search for dismissed charges, recanted statements
- Immigration status if relevant to motive or credibility
- Financial records — bankruptcies, liens, judgments
- Prior protective orders — filed against or by the complainant
- Employment verification — are their claims about income or status accurate?
- Social media history — particularly posts relevant to the case or the defendant
- Prior contact with the defendant's family — any financial disputes?
- Medical records if directly relevant and obtainable through proper legal channels
Witness Location & Interview Guide
Witnesses are the backbone of any criminal defense investigation. Law enforcement interviews witnesses to build a case. IAI interviews witnesses to find the truth — including what law enforcement didn't ask and what witnesses didn't volunteer.
1Pre-Interview Preparation▼
- Read the witness's prior statement to police in full before making contact
- Identify every inconsistency in the prior statement
- Research the witness — social media, court records, connections to the parties
- Determine the witness's relationship to the complainant and defendant
- Identify any potential bias — financial, personal, or legal
- Prepare open-ended questions designed to let the witness tell the story
- Never share the client's account with the witness before the interview
- Obtain attorney authorization before contacting any witness
2Universal Witness Interview Questions▼
- Can you tell me in your own words what you saw or heard?
- Where were you when you observed this? Describe your exact position and distance.
- What time was it? How do you know that time?
- What were the lighting conditions? Were there any obstructions to your view?
- Was there anything that may have affected your ability to observe clearly — noise, distance, distractions?
- Had you ever seen the parties involved before? Do you know them personally?
- Did you speak to anyone about what you saw before speaking to police?
- Did police contact you? What questions did they ask? What did you tell them?
- Is there anything you told police that you would like to clarify or add to?
- Is there anything you observed that you did not tell police?
- Did anything happen before or after the incident you described that may be relevant?
- Are you aware of any other witnesses who may have seen what happened?
- Would you be willing to provide a written statement? Would you be willing to testify?
3Documenting the Interview▼
- Always identify yourself as an investigator working for the defense — never misrepresent your role
- Inform the witness that you are working on behalf of the defendant and their attorney
- Document the date, time, and location of the interview
- Document the witness's full name, address, and contact information
- If the witness consents to recording, record the interview
- If not recorded, take detailed contemporaneous notes during the interview
- Prepare a written summary within 24 hours of the interview
- Note the witness's demeanor — cooperative, hostile, nervous, evasive
- Note any statements that contradict the police report or prior statements
- If a witness refuses to speak, document the refusal and any reason given
Crime Scene Investigation — Defense
The defense investigator's job at a crime scene is to document what law enforcement photographed, what they didn't photograph, and what the physical evidence actually shows — which may be very different from what the police report claims.
1Scene Documentation Protocol▼
- Photograph the scene in full — wide, medium, and close-up shots
- Use a measuring tape or scale reference in all close-up evidence photos
- Document the date, time, and weather conditions for each visit
- Photograph all access points — doors, windows, gates — from both inside and outside
- Document lighting conditions at the time of the alleged incident (return at the same time of day)
- Photograph what is NOT visible from key positions — sightlines matter for witness credibility
- Document the distance between locations mentioned in the police report
- Note any surveillance cameras in the area — public and private
- Measure and document all critical distances
- Create a rough diagram of the scene with measurements
2Evidence Inconsistency Checklist▼
- Does the physical evidence match the positions and sequence described in the police report?
- Are there any signs of evidence disturbance — items moved, cleaned, or rearranged?
- Does the reported lighting support the identification made by witnesses?
- Are the reported distances consistent with the witness accounts?
- Is there evidence of activity inconsistent with the prosecution's theory?
- Are there any footprints, tire tracks, or physical evidence not documented by law enforcement?
- Are there surveillance cameras that law enforcement did not collect footage from?
- Does the scene support the defendant's account as well as or better than the prosecution's account?
Report Writing — IAI Standards
Every IAI investigative report is a potential court document. Write every report as if a judge, prosecutor, and opposing counsel will read it. Accuracy, professionalism, and objectivity are non-negotiable.
1Required Report Elements▼
- IAI letterhead — firm name, license number, contact information
- Date of report and date(s) of investigation activity
- Investigator name and role
- Case reference — attorney name, client name, case number
- Purpose of the investigation
- Methodology — what was done and how
- Findings — factual, specific, and attributed
- Supporting documentation referenced and attached
- Investigator signature and date
2Writing Standards▼
Golden Rule: Report only what you personally observed, verified, or were told — and clearly distinguish between all three. Never editorialize, speculate, or draw legal conclusions.
| ✅ DO | ❌ DON'T |
|---|---|
| Write in past tense, first person | Use vague language — "approximately," "seemed" |
| Quote witnesses verbatim where possible | Paraphrase in a way that changes meaning |
| Attribute every statement to its source | Present hearsay as fact |
| Note what you could not confirm | Leave gaps unexplained |
| Use precise times and dates | Use relative time references — "recently," "later" |
| Describe what you saw, heard, and measured | State conclusions that belong to the attorney |
Ethics & Legal Boundaries — Texas PI Law
IAI operates under Texas Occupations Code Chapter 1702. Every investigator is responsible for knowing the legal limits of their authority and operating within them at all times. Violations can result in criminal charges, license revocation, and destruction of the client's case.
1What You May and May Not Do▼
| ✅ Permitted | ❌ Prohibited |
|---|---|
| Interview willing witnesses in public | Trespass on private property |
| Photograph subjects in public places | Record private conversations without consent |
| Search public records — court, property, business | Access private databases without authorization |
| Review publicly available social media | Create fake accounts to access private profiles |
| Conduct surveillance from public areas | Impersonate law enforcement or government officials |
| Accept voluntary statements | Use threats, coercion, or deception to obtain statements |
| Identify yourself as a private investigator | Imply you have police authority |
| Subpoena records through the attorney | Independently access medical or financial records |
2Attorney-Client Privilege & Work Product▼
- All investigative work product belongs to the attorney — not IAI and not the client
- Never share investigative findings with the client directly without attorney authorization
- Never discuss the case with anyone outside the defense team
- All communications with the attorney are privileged — treat them accordingly
- Do not discuss case strategy with investigators from other firms
- If subpoenaed for investigative records, notify the attorney immediately before responding
- Store all case files securely — physical and digital
- Destroy field notes per the attorney's instruction after the final report is submitted
3Texas Recording Law▼
Texas is a One-Party Consent State: You may record a conversation as long as at least one party to the conversation (you) consents. You may not record a conversation that you are not a party to without consent of at least one participant.
- You may record your own interviews with witnesses without their consent
- Best practice — always inform the witness they are being recorded
- You may NOT secretly record a conversation between two other people
- You may NOT intercept electronic communications
- When in doubt — ask the attorney before recording
- Always label recordings with date, time, subject, and location
4Personal Safety in the Field▼
- Always inform a team member of your location when conducting field interviews
- Check in by phone or text at agreed intervals during surveillance assignments
- Do not conduct interviews alone in isolated locations — bring a colleague when possible
- If a subject becomes hostile, disengage and leave — do not escalate
- Know the difference between a subject refusing to speak (their right) and a threat
- If you feel threatened, leave immediately and document the interaction
- Never misrepresent your identity to gain access to a location
- Carry your IAI identification and Texas PI license card at all times in the field
📝 Field Notes — Report Generator
Fill in the form for your investigation type. When complete, click Generate Report to instantly create a formatted, professional investigative report you can copy, download, or email to the attorney.
📋 PSI Client Interview Notes ▼
📤 Submit Report to Administration
After generating your report in the Field Notes tab, submit it here to the IAI cloud archive. All submitted reports are permanently stored and immediately accessible to Dr. Walwyn and A.D. Walwyn. Once submitted, reports cannot be deleted by the submitting investigator.
📤 Submit Your Report ▼
Generate your report in the 📝 Field Notes tab → Copy to Clipboard → paste below → fill in details → Submit.
🚨 Prostitution — Defense Investigation Guide
Prostitution and solicitation charges in Texas require careful investigation of the circumstances of arrest, the conduct of law enforcement, and the personal background of the client. IAI's approach centers on exposing procedural violations, entrapment concerns, and mitigating factors that support the defense narrative.
01Texas Law Overview — Prostitution Offenses▼
Texas Penal Code Chapter 43 — Key Charges
- §43.02 — Prostitution: Knowingly offering or agreeing to receive payment for sexual conduct. Class B misdemeanor (1st offense); escalates with priors up to State Jail Felony.
- §43.021 — Solicitation of Prostitution: Knowingly offering to pay for sexual conduct. State Jail Felony (1st offense); 2nd Degree Felony with priors or if minor involved.
- §43.03 — Promotion of Prostitution: Receiving money knowing it was earned through prostitution.
- §43.04 / §43.05 — Aggravated Promotion / Compelling: Felony-level promotion or coercion into prostitution.
Defense Note: The 2021 legislature made solicitation a State Jail Felony even for first offenses — this significantly raised stakes for clients. Investigate every element of the offer or agreement carefully.
02Law Enforcement Conduct — Entrapment & Sting Operations▼
- Who initiated the sexual topic — the client or the undercover officer?
- Was an explicit offer made by the client, or did law enforcement lead the conversation?
- Were communications recorded? Obtain all audio, video, and chat logs through discovery.
- Did the officer make repeated solicitations before the client responded? (Persistent inducement = entrapment argument)
- Was the client predisposed to commit the offense, or was he induced by law enforcement?
- Review the officer's training and certification for undercover operations.
- Check if the operation followed agency SOP — deviations are exploitable.
Key Question: Texas entrapment defense (§8.06 TPC) requires showing the client was induced by a law enforcement officer using persuasion or other means likely to cause an ordinary person to commit the offense. Document every step of officer-initiated contact.
03Client Interview — Prostitution / Solicitation Cases▼
- How did the initial contact occur — online, in person, by phone?
- What platform or app was used? (Obtain screenshots if available)
- Who initiated the conversation about money or sexual conduct?
- What exactly was said or agreed to — and by whom first?
- Did the client believe the other person was a consenting adult?
- Was there any physical contact before arrest, or was it solely words/agreement?
- Does client have prior prostitution-related charges? (affects charging level)
- Is the client a trafficking victim? (Human trafficking screening is critical)
- What is the client's employment, family status, and community ties? (mitigation)
- Is the client willing to participate in a diversion or intervention program?
04Mitigation & Defense Strategy Notes▼
- Document all mitigating factors — stable employment, family, no prior record, community ties
- Investigate whether client may qualify as a trafficking victim — §43.02(d) affirmative defense
- Research diversion programs available in Harris or Fort Bend County for first-time offenders
- Obtain EyeDetect® credibility assessment to support client's account of events
- Review arresting officer's prior sting operations for pattern of overly aggressive tactics
- Obtain all communications — texts, app messages, call logs — through attorney subpoena
- Check for body cam footage and request preservation immediately
IAI Capability: EyeDetect® credibility assessment can be used to evaluate the client's account before the attorney commits to a defense theory. Contact Dr. Walwyn to schedule.
🚧 Criminal Trespass — Defense Investigation Guide
Criminal trespass charges often arise from disputed property boundaries, notice disputes, domestic situations, or overzealous enforcement. IAI investigates the notice given, the authority of the person who issued it, and the circumstances of the alleged entry to build an effective defense.
01Texas Law Overview — Criminal Trespass▼
Texas Penal Code §30.05 — Criminal Trespass
- Class B Misdemeanor: Standard criminal trespass offense
- Class A Misdemeanor: If committed in a habitation, shelter center, or with a deadly weapon
- State Jail Felony: On a critical infrastructure facility or agricultural land over 100 acres
- Notice Methods (§30.05(b)): Oral or written communication, fencing, signs, purple paint marks on trees/posts, or crops for agricultural land
Key Element: The State must prove the defendant received NOTICE that entry was forbidden. Attacking the sufficiency of notice is one of the most effective defense strategies in trespass cases.
02Notice Investigation — The Core Defense Issue▼
- Was notice given orally? Who gave it, when, and what exact words were used?
- Was notice given in writing? Obtain and photograph the document — check date and signature authority.
- Were there signs posted? Photograph current sign placement and condition. Were signs visible at time of alleged trespass?
- Were purple paint marks used? Document location, height, and spacing — Texas law specifies requirements.
- Was the fence or enclosure in good repair? Broken fencing may negate notice by enclosure.
- Did the person giving notice have authority to do so? (Owner, lessee, agent, or authorized representative)
- Was the defendant previously given notice, or was this the first contact?
- If notice was given at a prior time — how long ago, and under what circumstances?
03Property & Boundary Investigation▼
- Obtain property survey records from the county appraisal district
- Photograph the property boundaries and any markers at the time of the investigation
- Determine whether the property line was clearly defined and visible
- Research ownership history — was the complainant authorized to exclude the defendant?
- Check whether defendant had any prior legitimate access (lease, easement, license)
- Was the alleged entry on a public right-of-way mistaken for private property?
- Interview neighbors regarding property boundaries and prior access patterns
- Obtain Google Earth / satellite imagery to document property layout
04Client Interview — Criminal Trespass Cases▼
- What is the client's relationship to the property — have they been there before?
- Did anyone tell the client they were not allowed on the property — when and how?
- Did the client see any signs, fencing, or markings indicating restricted access?
- What was the client's purpose in entering the property?
- Did the client have any prior consent or permission to be on the property?
- Is this a domestic situation — was the client going to a shared residence?
- Were there any witnesses to the alleged trespass?
- Was law enforcement called by the property owner or did they observe it independently?
- Does the client have any documentation of prior permission — texts, emails, lease?
- What did the arresting officer say at the scene — obtain the police report immediately.
05Scene Documentation Checklist▼
- Photograph all entry points — gates, doors, gaps in fencing
- Document all posted signage — location, visibility, condition, and legibility
- Photograph purple paint marks if applicable — measure height and spacing
- Document lighting conditions at the time of day the alleged trespass occurred
- Capture satellite/aerial view and annotate with alleged entry point
- Identify and document any surveillance cameras in the area
- Note proximity to public areas that could cause reasonable confusion
- Document and preserve all evidence before property conditions change
Time Sensitive: Property owners may change signs, fencing, or markings after the incident. Document the scene as quickly as possible after case assignment.
🔫 Robbery & Aggravated Robbery — Defense Investigation Guide
Robbery and aggravated robbery are among the most seriously charged offenses in Texas criminal courts, carrying significant prison exposure. Defense investigations in these cases require rigorous scrutiny of eyewitness identification, surveillance evidence, the use-of-force timeline, and the complainant's account. IAI investigates the evidence — not the verdict.
01Texas Law Overview — Robbery Offenses▼
Texas Penal Code Chapter 29 — Key Charges
- §29.02 — Robbery: While committing theft, intentionally, knowingly, or recklessly causes bodily injury; or intentionally or knowingly threatens or places another in fear of imminent bodily injury or death. Second Degree Felony — 2 to 20 years, up to $10,000 fine.
- §29.03 — Aggravated Robbery: Robbery plus: causes serious bodily injury; uses or exhibits a deadly weapon; or causes bodily injury or threatens a person who is 65+, disabled, or whose ability to resist is substantially impaired. First Degree Felony — 5 to 99 years or life, up to $10,000 fine.
Enhancement Watch: Prior felony convictions trigger habitual offender enhancements under §12.42 TPC. Verify all priors early — a single misclassified prior can dramatically affect the punishment range. Agg robbery with a prior first-degree conviction: mandatory 15-year minimum.
02Case File & Evidence Review▼
Before interviewing anyone, read the entire file. The most productive defense interviews come from an investigator who already knows more about the case than the witness expects.
📁 Documents to Obtain and Review
- All police reports — primary, supplemental, follow-up; every officer who touched the case
- Arrest warrant affidavit — examine for probable cause basis and factual accuracy
- All witness statements — original handwritten statements if available, not just typed summaries
- 911 call recording and CAD log — timing of events, caller description of suspect
- Body camera footage from all responding and investigating officers
- All surveillance video obtained by law enforcement — and confirmation of what was requested but not collected
- Photo lineup or live lineup administration records — who administered, written instructions given to witness
- Inventory of property seized from the defendant at arrest — what was recovered, where, and when
- Lab reports — fingerprint analysis, DNA, firearm examination (if weapon involved)
- Medical records for any complainant injuries — do injuries match the account?
- Criminal history of the complainant and all identifying witnesses
03Eyewitness Identification Investigation▼
Eyewitness misidentification is the leading cause of wrongful convictions. Every identification procedure must be scrutinized for suggestiveness, reliability, and compliance with Texas Code of Criminal Procedure Art. 38.20 (Michael Morton Act lineup protocols).
🔎 Lineup & Identification Procedure Review
- Was the lineup administered by a blind or blinded administrator — someone who did not know which photo was the suspect?
- Were written instructions provided to the witness before viewing? Did they include the statement that the perpetrator may or may not be in the lineup?
- Was the witness told police had a suspect before viewing the lineup?
- Was the lineup recorded? Obtain the recording.
- Did the witness express uncertainty at the time of identification? Document original confidence level.
- How much time elapsed between the offense and the identification?
- Was the witness exposed to media coverage, other witnesses' descriptions, or photos of the defendant before the lineup?
- Were all fillers in the lineup of similar race, age, build, and general description as the suspect?
- Was a show-up identification conducted (defendant shown alone to a witness at or near the scene)? These are inherently suggestive.
👁️ Witness Perception & Reliability Factors
- What were the lighting conditions at the time of the offense?
- How long did the witness observe the perpetrator? Was it a brief encounter under stress?
- What was the witness's distance from the perpetrator?
- Was the witness focused on a weapon rather than the perpetrator's face? (Weapon focus effect)
- Was the witness under the influence of alcohol or drugs at the time?
- Was the perpetrator wearing a mask, hood, or any disguise?
- Is there a cross-racial identification issue?
- What was the witness's emotional state — extreme fear can impair encoding of facial details?
04Surveillance & Physical Evidence Investigation▼
📹 Surveillance Video
- Identify all surveillance cameras within the field of view of the alleged offense location — not just what law enforcement collected
- Request preservation of footage from businesses, ATMs, traffic cameras, and private residences immediately — footage overwrites on rolling cycles
- Review all collected footage frame by frame — what does the video actually show versus what law enforcement claims?
- Document the camera angle, resolution, and distance from the location of the alleged offense
- Identify the timestamp calibration — is the camera clock accurate? Many are off by minutes or hours.
- Note what the video does NOT show — gaps, blind spots, and angle limitations
- If the defendant is identified on video — is it an unambiguous identification, or a general match of clothing/build?
🔬 Physical Evidence Review
- What physical evidence was collected at the scene? Was it properly documented and preserved?
- Was the defendant's DNA or fingerprints found at the scene? Where specifically?
- Was a weapon recovered? Was it tested for DNA and fingerprints? Were results matched to the defendant?
- Was stolen property recovered? Was the chain of custody documented from scene to evidence to lab?
- Were there any forensic exclusions — DNA or prints that did NOT match the defendant?
- Review the evidence log — were any items collected that were never submitted for testing?
05Client Interview — Defense Account▼
Approach: Let the client give a full narrative first — uninterrupted. Then return to specific points. Document everything precisely. Never coach the account.
📅 Alibi & Timeline
- Where were you at the exact time the offense is alleged to have occurred?
- Who can place you at that location — witnesses, phone records, receipts, card transactions, or surveillance?
- What were you doing in the hours before and after the alleged offense?
- Were you with anyone? Get full names and contact information for every person.
- Did you make any phone calls, send texts, or use any apps during the relevant time window? (Cell tower and GPS data may corroborate)
- Did you make any purchases — gas, food, store — captured on a receipt or card statement?
- Were you on any cameras — ATM, store, gas station, traffic light — in a location inconsistent with the crime scene?
🔍 Knowledge of the Complainant or Scene
- Do you know the complainant? Describe the relationship — acquaintance, neighbor, prior dealings?
- Have you ever been to the location where the alleged offense occurred? When and for what purpose?
- Is there any reason your DNA, fingerprints, or presence might be associated with that location for an innocent reason?
- Did the complainant have any motive to falsely accuse you — debt, dispute, relationship conflict?
- Were you in possession of the alleged stolen property? If so, how did you obtain it?
⚠️ Use of Force / Weapon (if applicable)
- Was a weapon present? Who possessed it and how was it used?
- If the client was present — were they the principal actor, an accomplice, or merely present?
- Did anyone instruct the client to act or threaten them into participation? (Duress/coercion defense)
- Was any force used by the client — was it in self-defense or in response to a threat?
- What was said by all parties immediately before, during, and after the alleged offense?
🚔 Arrest & Post-Arrest Conduct
- Describe everything that happened from the moment law enforcement made contact with you.
- Were you given a Miranda warning before questioning?
- Did you make any statements to law enforcement? What exactly did you say?
- Were you shown a photo lineup? What instructions were you given?
- Were you subjected to a show-up identification at or near the scene?
- Was any property seized from you at arrest? What was it and where was it found?
- Were you injured during the arrest? Document and photograph any injuries.
06Scene Investigation — Robbery Location▼
Time Sensitive: Business owners change surveillance systems, signage is removed, and the physical scene changes rapidly. Document immediately upon case assignment.
- Visit the location at the same time of day as the alleged offense — document actual lighting conditions
- Photograph all surveillance camera locations, angles, and fields of view
- Document the distance between the alleged perpetrator's position and the complainant/witness
- Photograph all approach and exit routes — where could the perpetrator have come from or gone?
- Identify any surveillance cameras law enforcement did not collect footage from
- Note any physical features that would corroborate or undermine the complainant's account
- Document any obstacles or conditions that would have affected a witness's ability to observe clearly
- Create a diagram of the scene with distances and camera positions annotated
- Interview business owners, employees, and nearby witnesses who were present that day
07Complainant & Witness Investigation▼
🕵️ Complainant Background
- Criminal history — particularly any prior false report filings, fraud, theft
- Civil court history — prior lawsuits, judgments, financial disputes
- Prior insurance or theft claims — pattern of reporting
- Relationship to the defendant — any prior conflict, debt, or personal dispute?
- Financial status — was there a motive to fabricate or exaggerate a loss?
- Social media review — posts on and around the date of the alleged offense
- Prior statements — does the complainant's account remain consistent across multiple tellings?
👥 Eyewitness & Bystander Interview Questions
- Describe exactly what you saw — walk me through it from the beginning.
- Where were you standing? What was your distance and sightline to the events?
- What were the lighting conditions? Were there any obstructions?
- How long did you observe the events?
- Describe the perpetrator in your own words — do not reference any photos you have seen since the incident.
- Were you shown a photo lineup or a show-up? Describe exactly what happened — who was present, what were you told?
- How certain were you at the time of identification? How certain are you now?
- Have you discussed what you saw with any other witness or with the complainant?
- Did law enforcement suggest who you should identify or express satisfaction with your selection?
- Is there anything about the identification you are uncertain about?
08Mitigation & Defense Strategy Notes▼
- Document all mitigating personal history — employment, family, community ties, lack of violent criminal history
- Investigate co-defendant dynamics — was the client a minor participant? (lesser included offense argument)
- Evaluate whether duress, coercion, or mental illness may be relevant to a defense theory
- Assess whether a lesser included offense applies — theft without the force element, or attempted robbery
- Obtain EyeDetect® credibility assessment to document client's account of alibi or non-participation
- Preserve all alibi evidence as quickly as possible — cell records, receipts, surveillance footage, witness statements
- Request Brady/Giglio disclosure — any evidence of the complainant's or witnesses' prior inconsistent statements or criminal history
- Review all prior law enforcement contacts with the defendant — any statements in prior cases that provide context?
IAI Capability: EyeDetect® credibility assessment is particularly valuable in robbery cases where the client maintains innocence, providing the attorney with credibility data before committing to trial strategy. Contact Dr. Walwyn to schedule.
🐾 Animal Cruelty — Texas Law Quick Reference
Texas Penal Code §§ 42.09, 42.092, 42.10, 42.105 — Defense investigation reference for animal cruelty, fighting, and neglect charges. TX Lic. A19944401.
Core Texas Statutes
Tex. Penal Code
▾
Cruelty to Livestock Animals
Tex. Penal Code § 42.09
State Jail Felony
Prohibits torture, killing, neglect, abandonment, transportation in cruel manner,
causing animals to fight, or administering poison to a livestock animal owned by another.
- Intentionally, knowingly, or recklessly
- Tortures a livestock animal
- Fails to provide food, care, or shelter — causing imminent danger of death
- Abandons a livestock animal in one's custody
- Transports/confines in a cruel manner
- Kills/injures an animal belonging to another
- Causes livestock to fight
- Uses livestock as a lure in a dog fight
- Administers poison to livestock owned by another
Cruelty to Nonlivestock Animals
Tex. Penal Code § 42.092
Class A Misdemeanor / Felony
The primary statute for companion animals (dogs, cats, etc.). Covers torture, neglect,
abandonment, killing, and organized animal fighting.
- Intentionally, knowingly, or recklessly tortures an animal
- Fails to provide necessary food, water, care, or shelter
- Abandons an animal in custody
- Transports or confines in a cruel manner
- Without consent, kills, poisons, or causes serious bodily injury to another's animal
- Causes an animal to fight another
- Uses an animal as a lure in a dog fight
- Trips a horse (Class A Misd.)
Dog Fighting
Tex. Penal Code § 42.10
State Jail Felony
Organizes, sponsors, participates in, or assists with a dog fight for sport, wagering,
or entertainment; or attends as a spectator.
- Causes a dog to fight with another dog
- Participates as a principal / owner / trainer / handler
- Knowingly attends as a spectator — Class A Misdemeanor
- Possesses dog-fighting paraphernalia with intent
Cockfighting
Tex. Penal Code § 42.105
State Jail Felony
Causes a cock (rooster) to fight for sport, wagering, or entertainment.
- Causes cocks to fight with natural or artificial spurs
- Participant, owner, trainer, handler
- Attends as a spectator — Class A Misdemeanor
- Possesses cockfighting equipment with intent
Penalty Reference Chart
Tex. Penal Code § 12
▾
| Offense Level | Confinement | Fine | Common Trigger |
|---|---|---|---|
| State Jail Felony | 180 days – 2 years (State Jail) | Up to $10,000 | Neglect / abandonment causing imminent danger; basic animal fighting participation |
| 3rd Degree Felony | 2 – 10 years (TDC) | Up to $10,000 | Intentional torture or killing of companion/livestock animal |
| 2nd Degree Felony | 2 – 20 years (TDC) | Up to $10,000 | Prior conviction enhancement under § 42.09 or § 42.092 |
| Class A Misdemeanor | Up to 1 year (county jail) | Up to $4,000 | Spectator at dog/cock fight; tripping a horse; minor neglect |
Enhancement: A prior conviction under § 42.09 or § 42.092 elevates the current charge
by one category. A State Jail Felony becomes a 3rd Degree; a 3rd Degree becomes a 2nd Degree.
This is the most common sentencing issue in repeat-offender defense cases.
Defense Investigation Checklist
Earl's Reference
▾
Note for Earl: Use this checklist when assigned to an animal cruelty defense case.
Check off items as they are completed. This list does not save to Firebase — print or screenshot for your records.
Related Statutes & Provisions
Civil & Health Code
▾
TEX. HEALTH & SAFETY CODE § 821.021 – § 821.027 — Animal Seizure & Forfeiture
Authorizes peace officers to seize animals being cruelly treated. Owner must be given notice and a hearing.
The court may order forfeiture if cruelty is established. Boarding/veterinary costs during impoundment
may be assessed against the owner regardless of criminal outcome.
TEX. HEALTH & SAFETY CODE § 822 — Dangerous Dogs
Separate civil/administrative track for dogs that have attacked humans. A "dangerous dog" designation
can arise concurrently with criminal charges and restricts ownership. Defense must address both tracks.
TEX. PENAL CODE § 42.091 — Attack on Assistance Animal
State Jail Felony to attack or kill a service animal (guide dog, hearing dog, etc.) while the person
with a disability relies on the animal. Elevated to 3rd Degree if the attack causes serious bodily injury
to the animal. Note: this statute also covers police service animals.
TEX. PENAL CODE § 42.11 — Destruction of Flag
(Included for cross-reference only — not animal cruelty.)
Civil Liability: A criminal acquittal does not bar a civil suit for damages under
Tex. Civil Practice & Remedies Code if the animal belonged to another party. Advise defense attorney
to assess parallel civil exposure.
Key Agencies — Houston / Harris County
Contact Quick Ref
▾
BARC Animal Shelter & Adoptions
Harris County Pct. 5 Animal Control
Unincorporated Harris County enforcement
☎ (281) 999-3191
Operates independently from City of Houston BARC
☎ (281) 999-3191
Operates independently from City of Houston BARC
Houston SPCA
Law enforcement authority granted by Chapter 821
900 Portsmith St, Houston TX 77029
☎ (713) 869-7722
houstonspca.org
900 Portsmith St, Houston TX 77029
☎ (713) 869-7722
houstonspca.org
Texas Animal Health Commission
Harris County DA — Animal Cruelty Unit
Dedicated unit within DA's Office
1201 Franklin St, Houston TX 77002
Handles felony-level prosecutions
☎ (713) 755-5800
1201 Franklin St, Houston TX 77002
Handles felony-level prosecutions
☎ (713) 755-5800
Fort Bend County Animal Control
4407 TX-36, Rosenberg TX 77471
☎ (281) 342-1512
Covers unincorporated Fort Bend County
☎ (281) 342-1512
Covers unincorporated Fort Bend County
Common Defense Strategies
Attorney Reference
▾
1. Mens Rea Challenge
Many § 42.092 charges rest on "reckless" conduct — the lowest culpability standard.
Argue absence of criminal intent; demonstrate client's genuine efforts to provide care.
Financial inability to obtain veterinary treatment does not automatically equal recklessness.
2. Ownership / Custody Dispute
If the animal was not legally in the defendant's custody, the duty of care may not attach.
Stray animals, animals informally transferred, or animals held temporarily complicate
the prosecution's "in custody" element.
3. Unlawful Seizure / Search
Animal control officers have limited warrantless search authority. If the seizure violated
the 4th Amendment, photographs and veterinary evidence obtained post-seizure may be
suppressible. Verify warrant or exigent circumstances documentation.
4. Expert Rebuttal
The state's veterinarian will testify to neglect or injury. Retain an independent DVM
to review records, photographs, and the animal's condition. Body condition scoring,
parasite load, and disease history are technical — a defense vet can often undercut
the state's timeline and causation theory.
5. Mitigating Circumstances
Document financial hardship, recent job loss, illness, or housing instability.
Show proactive steps (surrendering to shelter, seeking vet care, asking neighbors
for help). Courts and juries respond to genuine remorse and hardship context.
6. Enhancement Rebuttal
If the state seeks to enhance based on a prior conviction, verify the prior was under
the same or equivalent statute and that the defendant was properly represented and
the plea was voluntary. Collateral attack on prior conviction may be viable.
📂 Report Archive
All submitted investigative reports are stored here. Access is restricted to Dr. Walwyn and A.D. Walwyn only. Reports are stored permanently in the IAI Firebase cloud.
🔐 Administrator Access Required ▼
Restricted: The Report Archive is accessible to Dr. Walwyn and A.D. Walwyn only.