EXPERTS—
Why use an expert?
MIDC Standard 3 requires "Counsel shall request the assistance of experts where it is reasonably necessary to prepare the defense and rebut the prosecution's case."
As Justice Stephen Breyer has noted, "[s]cientific issues permeate the law." Lawyers, however, are not trained scientists. Just as a client cannot be expected to represent him or herself effectively in a court of law without the assistance of a lawyer, a lawyer cannot be expected to represent his or her clients effectively when scientific issues are involved without the assistance of an expert."
The MIDC provides some GENERAL guidance, however effective representation requires the defense attorney, in consultation with the client, to exercise professional judgment to employ experts to assist with the defense. Information largely taken from MIDC White Paper. See: White-Paper-3-Experts-and-Investigators.pdf
Defense attorneys must seek expert assistance wherever it is necessary to understand or litigate an issue in the case. Inadequate use of experts at the trial level in Michigan has resulted in claims of ineffective assistance, reversed convictions, and new trials.
In addition to our list of experts (link below), all Macomb Roster Attorneys have a subscription to SADO's Criminal Defense Resource Center (see SADO-CDRC) which has reviews of experts and even transcripts of expert testimony.
Instructions for requesting an expert
Some possible experts (This downloadable list is sorted according to the many various types of experts.)
Expert request form (Must be downloaded to your computer and opened using Adobe Acrobat. Alternate PDF readers may cause the form to malfunction.)
Expert billing form (Must be downloaded to your computer and opened using Adobe Acrobat. Alternate PDF readers may cause the form to malfunction.)
INVESTIGATORS—
Why use an investigator?
The evidence you receive from the police and the prosecution is just a starting point. Items and individuals may be missing and there could be other things that you want to know.
"Investigations affect every part of the criminal justice process. They're not just about figuring out whether a client is innocent. Even if a case is moving toward a plea deal, an investigation can turn up information that forces a prosecutor to reduce the charge or compels a judge to grant bond or shorten a prison sentence." Associated Press, California is Failing to Provide a Vital Safeguard Against Wrongful Convictions.
What can an investigator potentially do for your case?
- Interview/locate witnesses and obtain affidavits
- Create reports of interviews
- Locate/obtain/review video or other physical evidence
- Obtain potentially useful information about witnesses available through various databases
- Visit the crime scene to take photos and measurements or to canvass for additional witnesses
- Research social media
- Obtain cellphone records
- Obtain medical/school/work records
- Summarize records and other information
- Serve subpoenas
- Explore whether the police properly investigated the case with due diligence
- Video/photo surveillance
- Listen to jail calls
- Background & criminal background checks
- Identify investigative avenues
- Identify and work with experts
- Help transport and handle witnesses
- Testify for impeachment purposes or about their investigation
Information largely taken from Wayne County IDSD Using Investigators and SADO/MACCS Independent Investigator and Mitigation Specialists Info Session (08/12/25)
NOTE: Counsel should be familiar with MCR 6.201, MIDC Standard 3, People v Holtzman, 234 Mich. App. 166; 593NW2d617 617 (1999), and any other applicable law.
Instructions for requesting an investigator
Investigator request form Must be downloaded to your computer and opened using Adobe Acrobat.
Investigator billing form Must be downloaded to your computer and opened using Adobe Acrobat.