Frequently Asked Questions

How do I know the court will allow multimedia presentations?

First of all, it’s important to keep in mind that the goal in most cases is to avoid trial and settle the case during the pretrial phase, either by a dismissal of charges (unlikely unless the client has been wrongly accused) or through a reduction in charges and/or plea agreement. So it’s important to not limit consideration of multimedia to courtroom usage. As to the use in court proceedings — it is up to the court to decide and proper coordination with the court and the prosecution is essential. Rules of evidence must be followed. But the reality is that as media becomes more pervasive and the citizenry becomes more accustomed to on-demand media feeding ever shrinking attention spans, multi-generational jurors have become accustomed to content delivered in bright bursts of light, color, sound and motion. Attorneys who recognize this use multimedia to gain an advantage — and push the courts to accept multimedia presentations. Increasingly, the courts accept multimedia so long as rules and decorum are followed.

What does it cost? I’m not sure my client can afford it.

It is important to understand that we are criminal defense investigators who typically are hired not just as “presentation producers” — but as investigators who assist in the gathering of evidence, as well as the development of strategy and presentation of evidence. So our multi-media work is often embedded within the larger role overall criminal defense investigation. Thus in most cases we create video and multimedia presentations as part of our overall investigative assignment, and we do that work at the same hourly rates we charge when providing traditional written reports. The creation of multi-media work product takes more hours to create than written reports — but the cost differential is usually only in the additional time it takes to create the work product. As a general rule, we estimate that having multi-media work product created costs the client 20 to 40% more than traditional written output.

One area where a generic package price can be quoted is Sentencing Mitigation Videos, which are usually limited to the creation of a 10-15 minute video consisting of interviews, still photographs, and narration, all pertaining to the personal history and characteristic of the defendant. In our experience it normally takes 100 o 150 hours to collect all the information, conduct the interviews, edit and finalize such a video. Median cost for Sentencing Videos is $15,000. Complex cases may cost more, and simpler or worthy hardship cases may be undertaken for less.

I don’t like to show my hand in pretrial negotiations.

It is not uncommon for an attorney to say this, and if this is the overriding approach, it does limit the use of multimedia presentations in pretrial negotiations. However, there are a few things to keep in mind. One is that pretrial presentations are protected a “plea discussion documents’ pursuant to Federal Rules of Evidence 410 or relevant state rules, depending on the case. Information presented cannot be used against the defendant at trial. Secondly, we find that a persuasive multimedia presentation at the pretrial, plea negotiation stage can educate the prosecution and soften their view of the defendant — but it also indirectly serves notice to the prosecution that if they proceed to trial, they will face a vigorous, 21st century defense, and will have to work harder for a conviction than might otherwise be the case. The favorable impact of this on plea negotiations and/or decisions about whether or not to prosecute, or what level of charges to bring, should not be underestimated.

What if it backfires and antagonizes, rather than convinces?

This is a common concern. Attorneys often worry that the product created might be too glitzy, too “Hollywood”, and might antagonize the prosecutors (in pretrial) or the judge at trial. We have thirty years writing reports for the courts, and legal briefs, and the style of the video/multimedia presentations i built on this. The presentations are designed to look and feel as if created by attorneys, not by Hollywood producers. There is no music; elements typically include narration, photographs, interviews, and bulletpoint text. The narration is similar in tone to the “voice” used when writing a sentencing memorandum or other brief. Remember that the presentations are created by legal professionals, for legal professionals. We know our audience and the product created is carefully calibrated to be appropriate for he intended audience.