Our Policies and Recommendations
Allen Cowling
Cowling Investigations, Inc.
You have accessed one of the many
pages here at the Cowling Investigations, False Allegation Defense Website.
Our main links are located at the bottom of this page. For an explanation
of how we handle a false allegation defense, see Our
Expertise, We Can Help. |
Because of the numerous email, letters and telephone
calls that we receive asking for assistance, we developed this page in an
effort to identify our policy and to offer possible solutions.
Please do not take anything written as an attempt
to be disrespectful or short with anyone. We have received so many contacts
over the years, experience dictates that we explain exactly what we can and
cannot do based on prior communications that we have had.
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First, we are happy to talk with anyone who has
been falsely accused of abuse, or convicted based on a false allegation.
We can be reached through our main office in Brandon, Mississippi, (601)
824-1774 or, in the event that we are out-of-state working, our office manager,
Brenda Taylor, can arrange a telephone interview at a time most convenient
to everyone. The office telephone is answered 24-hours a day, 7 days a week
and, in the event there is no one available, messages are immediately forwarded
to our pager, nationwide.
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Please do not ask us anything that would require
a negative response about our competition, regardless of who they are. Over
the years, I have been told that other "experts" have said that I did not
know what I was doing, and that they could do it better and for less money.
I cannot speak for anyone else but, normally, when someone has to trash another
to gain business, it is simply because they have no work and are saying whatever
they feel they must in order to make money and survive. I have had clients
who, before coming to me, went to other "experts" because of their fancy
websites and panic advise, only to find that they spent a small fortune and
got nothing, but that is not something I ever tell a prospective client as
a "selling" point. Everyone has their own method of doing things and my goal
is simply to save lives, not trash others.
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Please do not send us an email asking us to telephone
you. We do not make telephone calls to non clients. While I would be happy
to answer questions, I am not in a position to pay for these calls.
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Please do not, under any circumstances, call
us collect. We will not accept the charges, unless the call is from an already
existing client and the call is an emergency.
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Please do not contact us and ask, what can we
do or what would it cost. These issues are carefully covered here on these
webpages, primarily on the link, Our
Expertise. Frequently, we receive telephone calls from individuals
who say, "I am being falsely accused and I have read everything on your website."
"What can you do to help me and what would it cost?" The fact is, they read
very little, if anything. I have spent years putting information together
for the falsely accused, most especially for those individuals who are not
in a position of being able to afford professional help. This website was
designed to give those people a fighting chance that they may not have had
otherwise.
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Please do not send us an email with a file attachment
that identifies your problem. We do not download any files from persons that
we do not know. We are happy to read email, so simply copy whatever was in
the downloadable file directly into the body of the email message.
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On many occasions previously, we received and
responded to email, giving the writer the opportunity to call us at a particular
time or date, but they never did. In many of those cases, we heard back from
the same writers, weeks later, with every explanation possible; "I was busy,"
"I forgot," "I fell asleep," "I had to work," or "I wanted to see if the
charges against me were serious before I called back." The fact is, either
they were not serious or they had no real problem. Please do not waste our
time in that manner. We take false allegations of abuse very seriously and
want to devote our time to finding solutions for those who honestly have
a problem. It is no joke or laughing matter when anyone is convicted and
sentenced to years in prison when they were innocent.
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Please do not send us "boiler plate" letters
or email. These are copies that writers are sending to numerous contacts.
We do not respond to these. It is not our intention to ignore anyone, but
since the request for assistance is obviously going to many, it is our policy
to let others respond.
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We receive numerous letters explaining a problem,
but contain no question other than the statement, "anything you can do would
be appreciated." Unfortunately, we do not have the ability to personally
finance any investigation and therefore, we are unable to accept pro bono,
(no fee), cases. In addition and, to the best of my knowledge, there are
no grants or funding projects available that will pay for, or reimburse to
a client, the fees that we and other experts defending false allegations
must charge.
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Please do not send an email asking us to refer
you to someone else. We do not refer. In the past we did and the results
were less than adequate. On one occasion, when we referred to another
investigative agency, it took us a month of our own time and expense to repair
the mistakes they made. Simply put, we will not be liable for the work of
others.
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Frequently we receive calls from individuals
attempting to assist someone who has been falsely accused or who was convicted
based on a false allegation. Many times the caller begins the conversation
by telling us what they are going to do, or by telling us what they either
want us to do or think we should do. It is, by no means, my attempt to be
rude, but when we do receive a call from someone, telling us what they are
going to do, our response is very simple. Since you have a plan, retaining
us would simply be a waste of time and money. If, however, in the future,
your plan does fail, we would be happy to discuss the matter. To be honest,
it is simply not possible to fight the client and the system as well. While
some believe that their ideas are beneficial to the individual they are trying
to help, many times the complete opposite is true. Usually, they are in a
panic, attempting to do whatever they can to find a immediate solution and
end to the problem, but there are no shortcuts. In simplicity, the best approach
is to retain a specialist to prepare the case, then present it to an attorney
for completion.
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If someone, who was innocent, was wrongfully
convicted, obviously, somewhere along the line mistakes were made by someone.
I never cease to be amazed by the requests of those who contact us when they
amount to nothing more than a continuation of the same mistakes that caused
the conviction in the first place. It is vital to take a "fresh" look at
any conviction. In any case we accept, specific to a wrongful conviction,
before we do anything, it is vital that we determine what specifically happened
that resulted in the conviction. That is accomplished only by careful study
of the entire case file and all transcripts. That material provides the knowledge
necessary to develop the strategy that will be used to attempt and reverse
the conviction.
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Please understand that we are retained on a first
come, first serve basis. We cannot hold a schedule open for anyone. We have
had calls where individuals wanted to retain us, but for whatever reason,
were not able to do so at that time and asked that we hold open a certain
amount of days for them. The fact is, we have no idea if that caller will
ever contact us again and, it would be unfair to deny someone who really
needed us because of the "possibility" that someone else planned to retain
us.
Our fee policy is as follows:
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On several occasions, we have had individuals
who desired to send a fee in by payments. We are not a bank and we do "not"
apply funds to an escrow account for anyone. When we receive a payment, it
is automatically applied to time for the client. We do not give refunds.
This is a standard policy and if someone does not agree to it, under no
circumstances should they send us any funds. Time, purchased by a client,
may be used at their discretion, at our standard hourly rate, ($150.00 per
hour), for a period of time up to, but not extending beyond one year of the
date of the first day of their scheduled trip or the last date funds arrived
at our office.
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When any client retains our services, schedules
a trip, and sends the 1/3 fee and expense, then cancels that trip, for any
reason, the only refund that they will be entitled to, or receive is the
expense portion, less the non-refundable airline ticket, that they have paid.
The fee portion of the retainer automatically purchased "time." We do not
have escrow accounts where we hold money for anyone. Any client who cancels
a trip within 5 days of the date the trip is to be made, owes us, and agrees
to pay, the entire trip balance they agreed upon. It takes a great deal of
effort on our part to schedule a trip. The 5-day rule is standard company
policy and is based on our inability to fill the time slot that was scheduled.
If a trip is canceled more than 5 days in advance, the client is entitled
to use the "time" they purchased, in any manner they choose, at our standard
hourly rate, ($150.00 per hour), for a period of time up to, but not extending
beyond one year of the date of the first day of their scheduled trip and,
depending on our availability. This does not apply to anyone who cancels
a scheduled trip within 5 days or less of the date that trip was to be made.
A client who does cancel within 5 days of a scheduled trip is entited to
use their purchased time, once they have paid us the full trip balance, in
full. Obviously, any and all time we spend to schedule and/or cancel a trip,
plus all other time spent, including but not limited to telephone calls and/or
email is deducted from the "time" that a client has available to them. Under
no circumstances should anyone retain us without fully understanding and
agreeing to this refund policy.
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Do not retain us, for any reason, unless you
have a full understanding of the following:
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I am not an attorney. I cannot represent anyone,
nor can I prepare or file petitions, writs or motions.
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In any case that I am retained to assist in,
I make an initial trip to the client's location, or the location where the
problem is, in order to review any and all documents and other material and
to talk with the client in an attempt determine what problems, if any, exist.
My analysis is simply based on the knowledge that I have gained based on
my involvement in false allegations of sexual abuse cases.
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The initial trip is for analysis only. Problems
are identified and recommendations are made only. I guarantee only to do
the best I can, within the time allowed. A client must be realistic about
the time they retain us for. I have had several cases where a client has
presented me with a mountain of material and expected a full analysis and
a written report within a 3-day period when, in reality the trip should have
been scheduled for 7 to 9 days.
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The time that a client retains us for during
the initial trip expires at the end of that trip. In the event that any client
desires our further involvement beyond the initial trip, any and all additional
time will be charged at our normal hourly rate. As I stated, I will do the
best I can within the time that I was retained for. That does not mean that
I analyze material and then prepare a written report after I leave, unless
the client has agreed to purchase additional time.
If you have been falsely accused of sexual abuse,
I would strongly recommend reviewing the heading on our main page titled,
Falsely Accused. In addition, and regardless
of most any situation, the following should be considered.
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Obviously, in any matter that may end in trial,
a qualified attorney is vital. Keep in mind that just because an attorney
is an attorney does not make them care or assure that they have the ability
to defend properly. Most every person in prison today had a lawyer representing
them. The attorney should be well qualified to handle the specific matter
you retained them for and if they are not, they should associate another
attorney who is. Also, keep in mind that attorneys make their living by charging
for their time, regardless of whether that time is spent during trial or
consulting with someone, so expect to pay the attorney and be realistic about
the charges. If a case requires two (2) days in trial, plus preparation,
it would be safe to assume the attorney would spend a minimum of 40 hours
and at a fee of $150.00 per hour, charges would easily amount to $6,000.00.
That is a low-side figure and most attorneys, handling criminal cases, usually
require a retainer of anywhere between $10,000.00 and $25,000.00. It is unreal
for anyone to believe they will be properly represented for a $1,000.00
retainer.
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I have had a number of messages advising that
persons could not afford an attorney. Most areas have a "legal service"
organization available, but again, keep in mind that normally, you get what
you pay for.
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In most successful cases, regardless of whether
civil or criminal, the matter was actually won well in advance of any trial
and in most instances because of proper preparation. Any attorney is only
as good as what they have to work with and present in someone's behalf. A
good and qualified investigator plays a vital role in gathering evidence
and preparing a case.
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The best possible advice I could give anyone
in most civil and criminal matters is to first consult with and retain the
services of a qualified private investigator. Allow them to prepare the case,
gather the evidence, interview all potential witnesses and once everything
is complete, then take that product to an attorney. At that point, the majority
of the preparation work has been done and the attorney is in a much better
position to analyze the situation.
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I am amazed at the number of people who had a
serious problem, attempted any and all possible financial shortcuts, got
convicted and then spent the next five (5) years of their life amassing thousands
upon thousands of dollars in attempts to get their conviction reversed.
Regardless of the fees involved, it cost far less to properly defend prior
to trial than it does after a conviction.
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One final thought. Attorneys and investigators
make their living by providing their time. It would be unrealistic to take
a car in for repairs and expect the work to be done "free." It is equally
unrealistic to ask or expect any attorney or investigator to provide their
services, including advice, without charging for their time.
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We will continue and attempt to answer simple
questions online, but in most cases, a person's interests are best served
by proper consultation and that can never be accomplished through a simple
E-Mail message.
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