Estimating Defense Costs
In False Allegation Cases
Provided by Allen N. Cowling
Investigative fees are normally insignificant compared
to the overall cost of a total defense for someone falsely accused of child sexual abuse. At the very
least, a defense team will include a qualified attorney, investigators, a support staff and various
experts.
Someone falsely accused of child sexual abuse may be
told that they do not require an elaborate defense, but common sense dictates the opposite. Child
sexual abuse allegations are the only cases where the accused, without question, must prove their
innocence beyond any doubt. Unless they are successful, a prosecutor will prosecute, a jury will
convict and a lengthy prison term is inevitable.
There is far more involved to a defense than simply
trial preparation and the trial itself, but considering the cost of the trial alone, a normal trial day
does not consist of 8 hours. While the actual court time may be 8 hours, the day does not end there.
Each day, it is vital to discuss good and bad points of all testimony given that day and then plan for
the following day. There will be motions to consider, witnesses to prepare and strategy to be
discussed, so a normal trial day can easily amount to 18 or more hours.
When considering the cost of a defense, reality is a
factor that few actually consider. An expert attorney normally charges $300.00 per hour and experts,
including analysis and testimony, can easily run from $5,000.00 to $50,000.00. Total hours involved
will include pre-trial as well as trial, so a 5-day trial could easily cost $150,000.00 or more and a
10-day trial, between $250,000.00 and $300,000.00.
Unfortunately, very few people have the funds necessary
to properly defend against a false allegation of child sexual abuse, so for all practical purposes,
there is no investigation, no expert examinations or testimony and the attorney chosen is either a
public defender or the least expensive available. That combination may attempt to respond to the
prosecution's case, but where is the defense? There is none and that is why there are so many
innocent people in prison today.
When considering the services of an investigator or a
defense strategist, understand that they will first carefully analyze the entire case, prepare a total
defense and then put it together for the attorney. The investigator locates and deals with expert
witnesses and their testimony. The investigator prepares anyone who will testify for the defense and
prepares questions or issues that the attorney uses as a road map during the trial. The investigator
takes daily trial notes, analyzes trial testimony and carefully studies the jury during trial in an
attempt to evaluate what they are, or are not accepting. There is no single individual who will have
spent more time with all parties or have a better overall knowledge of the defense than the
investigator. The investigator actually becomes the eyes and ears of the defense attorney.
As investigators dealing with these cases, our goal is
very simple. We prepare a complete defense for the client as fast and thoroughly as possible.
Hopefully, that defense will be adequate to prevent a prosecutor from going forward with their case,
but in the event they do, our preparation then becomes the cornerstone of the defense the attorney will
present and use during trial.
In many cases we have been involved in, we have
discovered that our total fee has been far less than others who charge a lower hourly rate, simply
because of the speed in which we were able to complete our investigations.
As a general rule of thumb, where there has been an
allegation, but no indictment, it takes an initial trip of three (3) to five (5) days. Where there has
been an indictment, the initial trip averages five (5) to seven (7) days. Each depends on the amount of
material to be reviewed and work to be accomplished. On more serious matters, some cases have actually
taken 15 plus days, not including trial. The total time we spend is a direct reflection of exactly what
is required to resolve the matter. We do not "waste" time, but we will not shortcut anything
in these cases. They are deadly serious. Mistakes can easily result in lengthy prison terms.
On cases where we are retained to assist in reversing a
wrongful conviction, the initial trip normally averages between three (3) to five (5) days, depending
on that amount of material to be covered. For further details regarding our services in this area,
click and read "Wrongfully Convicted" on our main page.
For a more detailed explanation of our fees, click on
the "Standard Fees" button on our main page and then click the "Daily Out-of-State
Estimates" on the fee page, or for a direct link, click the following: Daily Cost Estimate.
You have accessed one of the many pages here at the
Cowling Investigations, Inc., a False Allegation Defense Website. For an explanation of how we assist
our clients who have been falsely accused, see Our Expertise, We Can Help. If you have been
falsely accused, see What to Do - What Not to Do When Falsely Accused.
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