FREQUENTLY ASKED QUESTIONS

Hiring an investigator can be a vulnerable decision especially when you don't know what an investigator can do and how an investigator can support your case. Please review the the frequently asked questions to help you make an informed decision when considering hiring a private investigator.

Below are some examples of commonly asked questions of Legal Investigative Services, Inc. If you still have question, please contact us for more information.

How much does an investigation cost?
What should I expect once I hire a private investigator?
Background Investigations FAQ?
Research Investigations FAQ?

How much does an investigation cost?

How are investigators paid?

Can I consult with an investigator for a free consultation?

What should I expect once I hire a private investigator?

What can I expect if I hire Legal Investigative Services, Inc.?

Why is hiring a licensed investigator important?

Can an investigator run a background investigation on anyone?

Officials from a government agency are asking questions about me or wanting to talk to me?

If I am facing criminal charges, does the court provide an investigator to work on my behalf?

Will I recieve any reports related to my investigation if I have an attorney?

My case has been on-going and no investigator has been hired to date?

I don't think my case will go to trial, do I really need an investigator?

Conducting pre-employment investigations?

Can I find out all of the possible criminal charges that have been filed against me?

Can't I just do my own search for people using online subscriptions?

Due to the amount of variables to an investigation the cost can range significantly. Some cases are specific to a task while other needs may be related to extensive work to get to the answers with limited known information. LIS, Inc. is able to perform both a small tasks to a larger scope of work. The cost of an investigation will vary on some of the following:

Type of investigation
Location
Number of Investigators required to execute services
Type and extent of research
Services being requested
Amount of witnesses to be interviewed
Facts known to start the investigation

Legal Investigative Services, Inc. (LIS, Inc.) is an investigative firm licensed and insured in the State of West Virginia. Our diverse work flow includes traveling across the state however depending on the services requested we may not be the most cost-effective option for a some tasks like legal process in another part of the state. The office is centrally located in Charleston, WV. All services requested start from the office.

At the start of investigation and once the parameters and/or the scope of the work is agreed upon, a retainer most likely will be collected before any work starts. The retainer is generally based on the initial scope of the work. The client will then be billed an hourly rate plus any other related travel expenses like mileage. In cases were research is being conducted and copies are being obtained, appropriate fees (if applicable) are charged. Any outstanding balance is billed monthly after retainer is exhausted.
Many times a contract may be prepared and signed by LIS, Inc. and the client which spells out expectations and responsibilities on both parties.

Many times understanding the request from the potential client allows the investigator to see if assistance can be offered to the client, or if a referral to another resource if needed. LIS, Inc. does offer a free consultation and many times helps a potential client have a better understanding of options available to them before committing to next steps.

If a potential client has questions outside the scope of FAQ the investigator will answer general questions to assist the investigator make a determination of whether the request is feasible to include taking on the case with current work load, is beyond scope of services offered, or is best referred to another resource.

Most important when making a decision is understanding the requirements in a particular state or district? In the State of West Virginia any investigator you hire should be licensed in the state of West Virginia if it relates to incident occurring in West Virginia.

You should expect the investigator to be professional, timely in their responses to the case expectations and provide an accounting of their time and efforts.

You want the investigator to be objective. As a professional investigator results can not be promised. What does that mean? A professional investigator should obtain the information including facts of the case and any relevant documentation (as applicable). Many times the saying of collecting “the good” “the bad” and/or “ugly” is what you should expect from a reputable investigator.

You can’t predict what a witness might think or say but it’s best to know the information prior to a deposition and/or trial
Through the course of an investigation it may come to light that the client has not been truthful in their part of responsibility/liability which is best known in advance of deposition and/or trial
A developed witness may be discovered that may or may not support your defense or allegations, again best known prior to deposition and/or trial

You can’t predict what a witness might think or say but it’s best to know the information prior to a deposition and/or trial

Chain of custody. What does that mean in obtaining information for my investigation? When collecting any and all documentation for a case it is vital the information is protected and used appropriately to support the claims of the client or defend the client (depending on whether the client is the plaintiff or defendant). If an investigator gives documentation to anyone outside of the attorney, the case could be open to compromise. Under the attorney-client relationship, when a client hires an attorney to represent their interests should the attorney hire the investigator the information sent to the attorney is protected and the attorney can decide what parts of the information can be best used to represent their client.

If information obtained through the course of the investigation has a negative impact on the client does that mean the negative information cannot be used or discovered otherwise for my case? No, the information could be discoverable in some cases but depending on the information, additional efforts could be made to address or mitigate the negative information.
What if law enforcement has already been involved prior to hiring an investigator? A professional private investigator’s job is NOT to obstruct in an on-going investigation. The role of a private investigator is to work with law enforcement (if applicable) without interference.
As a professional investigator working with an attorney under the attorney-client privilege allows the information obtained during the investigation to remain with the attorney to use as deemed appropriate to protect and/or support the client.

Legal Investigative Services, Inc. does work with clients who may not have an attorney for a variety of reasons however if the services requested have a potential for formal litigation including depositions or court, documentation will not be provided to an individual directly. LIS, Inc. works with the client’s attorney to protect the client-attorney relationship as best practice of protecting the interests of the client.

You can expect a professional investigation to be conducted within the law.
You can expect the client, witnesses and related to be treated with respect.
You can expect to be noticed of any updates in a timely manner in the manner expected and established at the beginning of the investigation (i.e. telephone preference or written notice).
You can expect your information to be maintained discretely.
LIS, Inc. has been in business for more than twenty years serving many of its clients for a decade or more.
LIS, Inc. understands the value in being a preferred vendor in a variety of investigations and appreciates there are other investigators and only by exceeding expectations enables repeat clients.
LIS, Inc. strives to offer cost-effective services that bolster confidence in the information provided.

Being a licensed investigator is a process.

It requires education and/or experience.
It requires an initial formal background investigation, verification of no previous criminal history, verification of moral character, verification of no previous domestic violence or other forms of violence, mental health issues, alcohol/drug issues.
It requires consistent monitoring to ensure no violations have occurred related to criminal charges

Typically the reason for needing to hire an investigator is due to a difficult situation that requires the assistance of a professional. Why would you not want to hire a professional who is licensed and qualified to assist you at a potentially vulnerable time of your life.

Should your case require a depositions and/or trial unless the investigator is licensed in the state where the case is filed and worked, your case and/or findings could be disqualified and not entered as evidence.

Ask the right questions of the investigator you consider hiring… are they licensed, what is their experience in relation to your case, verify their credentials, etc.

Where can the credentials be verified? The West Virginia Secretary of State is the agency whom an individual and/or firm applies for licensure and whom complaints are made in the event of a violation. At their website licensed investigators and/or security professionals licenses can be verified.

Short answer is no. Any professional investigator will vet you as a client. Be prepared to be asked questions from the investigator to include the following:

What is the reason for needing a background on this person?
Is there a pending litigation?
Is there a possible litigation if fraud is verified?
Is law enforcement involved in the request?
Do you have an attorney?
Do you have a budget?
Is there a protective order in place against yourself by the person in question or against the person in question by you?
How long has the situation been evolving?

Requesting a background investigation on someone should have a verified and/or permissible reason. Would you want someone running a background investigation on you just to be nosey?

Does that mean there are not valid reasons to request a background? No. There are many reasons a background may be run on an individual and include just a few reasons:

Individual is apply for employment and wants to know in advance what information may be uncovered in a pre-employment background.
A vulnerable family member with means may be the target for scam or romantic interest or compromise.
Through the course of litigation, a witness, plaintiff or defendant’s background may become relevant to the case to determine past criminal history, past civil suits, etc.

If you are not applying for, or recently applied for a federal position whereby you are knowingly seeking a position impacting public trust or national security or have been informed by someone else who is seeking such a position and have been informed you that you might be contacted by someone associated with a federal agency as part of their background investigation, it is critical to retain legal counsel immediately in advance of answering questions.

While federal agencies work together for a variety of reasons they conduct investigations differently. As an example, an IRS agent coming to your home or business unannounced without a letter in advance of their presence could be an IRS Special Agent who most likely are investigating a criminal issue not a civil matter.

Another example would be FBI agents who generally conduct investigations as a pair for the purpose of one of them to testify regarding what was said during the interview. Unfortunately the government can prosecute you for any false statement they believe you made to a Federal Agent. Again, while you should not avoid answering questions for the purpose of an investigation it is paramount you understand the playing field and having an attorney represent you in questioning is a safe play not a private investigator.

Every case is unique.

The purpose of hiring a professional investigator is the investigator looks at the case and information in a different way.
If the defense or claims are known, the investigator can uncover or explore avenues of mitigation.
Again it is important to understand that LIS, Inc. will provide all discovered information to the client’s attorney regardless if the investigator is paid by the client or not.

There are many important factors when considering a pre-employment investigation for a potential employee.

Federal law mandates certain requirements when conducting such pre-employment investigation to include the Equal Employment Opportunity Commission (EEOC) and Federal Trade Commission (FTC)
Not following the law to include not considering someone for a protected reason can create an undue liability for the employer.

What is required in advance of a pre-employment?

Consumer credit is an important and relevant piece of information but ensuring the employer has obtained the information legally is paramount.
Obtain a proper release from the subject in advance of a background check. In addition to the release the potential employee must have written notice that the information obtained may be used in regards to the employment. The potential employee also has certain rights to the description and scope of the investigation and the opportunity to be advised of any negative impact and the ability to correct any incorrect information.
Know the law. Employers are also required to follow the Fair Credit Reporting Act (FCRA) 15 U.S.C. § 1681 et seq., is federal legislation enacted to promote the accuracy, fairness, and privacy of consumer information contained in the files of consumer reporting agencies. which creates consumer protections and rights and imposes responsibilities on the users of reports.

How does a previous arrest impact a job decision?

The EEOC issued enforcement guidelines in 2007 when considering arrest and convictions. Under Title VII employers are prohibited from treating a job applicant differently because of their color, race, religion, sex, national origin as it relates to criminal records. For this reason it is vital that the potential employee be advised of what exclusions could be considered in advance of the investigation whereby all potential employees be treated equally as it relates to criminal convictions and/or arrests.

Can a previous arrest be considered in a job decision?

In 1990 the EEOC issued a policy statement regarding arrest to say that an arrest does not establish criminal conduct.
However if an arrest resulted in a conviction, the conviction could be consideration especially as it relates to the scope of the employment, the context of the position, etc.

What type of conviction would exclude a potential employee from consideration?

Felony convictions especially related to assault, drugs, alcohol, sex crimes, embezzlement, larceny could impact an employment decision however the timing of said convictions is also relevant to the law. If certain convictions occurred outside of the legal timeframe, they may not be allowed to be considered in an employment decision. Applicants have civil rights, its important to understand the Civil Rights Act when making a negative employment decision related to a pre-employment investigation.
There are many positions that disqualify someone for employment and/or a license that are regulated by a state licensing agency that clearly state within the application that certain criminal convictions and/or arrest negate the individual from seeking said employment.

Can I find out all the possible criminal charges that have been filed against me?

Times when an individual has gone through a difficult time in life and made unfortunate decisions that have resulted in arrests and criminal charges the individual may not have maintained all the criminal information from the past. In these situations the individual may have made significant changes but wants to apply for a position and is unsure what charges may be seen during a background check.

The answers to locating records is complicated. In West Virginia a private investigator cannot obtain a “NCIC” record as only law enforcement can obtain this information. As means of clarification National Crime Information Center (NCIC) is the United States’ central database for tracking crime-related information. The NCIC has been an information sharing tool since 1967. It is maintained by the Criminal Justice Information Services Division (CJIS) of the Federal Bureau of Investigation (FBI) and is interlinked with federal, tribal, state and local agencies and offices.
Each county court in West Virginia maintains records to include criminal misdemeanors and felonies, civil and miscellaneous litigations. Within each county in West Virginia there was municipal courts, magistrate courts and circuit court records. The information is maintained at each court and while some limited information is shared on magistrate court databases, any details must be obtained in person at the respective court.
On the federal side there are many courts within a District including bankruptcy, civil and criminal. Some of these records can be obtained electronically with subscription.
Outside the State of West Virginia there are a variety of options in obtaining court information and depending on the state will determine if the courts are available online or must be obtained in person.
There are proprietary databases professional investigators use as a place to start. It is still possible to miss all criminal information in locations like West Virginia where the information may not have been recorded/reported but would be found in an in-person search at the local courthouse.
It is also important to note that due to laws some courts (i.e. magistrate courts in West Virginia) are not required to maintain records past a certain timeframe. Even if the case number is known the physical information may not be available for review if it is beyond the scope of required documentation.
How do circuit courts coordinate efforts in West Virginia? While there has been a database of shared circuit court information for a fee in the past, generally speaking all records for a respective county circuit courts are found at the local court.

Having factual information prior to the investigation is a great way to save time and money when making such request. While it is possible to request the information with a release from the subject, it can sometimes be complicated to obtain all the case information to include the disposition for a variety of reasons.

The answers to locating records is complicated. In West Virginia a private investigator cannot obtain a “NCIC” record as only law enforcement can obtain this information. As means of clarification National Crime Information Center (NCIC) is the United States’ central database for tracking crime-related information. The NCIC has been an information sharing tool since 1967. It is maintained by the Criminal Justice Information Services Division (CJIS) of the Federal Bureau of Investigation (FBI) and is interlinked with federal, tribal, state and local agencies and offices.
Each county court in West Virginia maintains records to include criminal misdemeanors and felonies, civil and miscellaneous litigations. Within each county in West Virginia there was municipal courts, magistrate courts and circuit court records. The information is maintained at each court and while some limited information is shared on magistrate court databases, any details must be obtained in person at the respective court.
On the federal side there are many courts within a District including bankruptcy, civil and criminal. Some of these records can be obtained electronically with subscription.
Outside the State of West Virginia there are a variety of options in obtaining court information and depending on the state will determine if the courts are available online or must be obtained in person.
There are proprietary databases professional investigators use as a place to start. It is still possible to miss all criminal information in locations like West Virginia where the information may not have been recorded/reported but would be found in an in-person search at the local courthouse.
It is also important to note that due to laws some courts (i.e. magistrate courts in West Virginia) are not required to maintain records past a certain timeframe. Even if the case number is known the physical information may not be available for review if it is beyond the scope of required documentation.
How do circuit courts coordinate efforts in West Virginia? While there has been a database of shared circuit court information for a fee in the past, generally speaking all records for a respective county circuit courts are found at the local court.

As a licensed investigator the job is not only to obtain information but verify the information obtained. Many times the “online” information found at popular “Internet” sites is incorrect. The subject of interest may not be the same person or be the correct data set of your subject. Information is sometimes compromised or incorrect and another important reason to hire a professional to obtain the correct information.

Disclaimer: The questions and answers presented deal with general investigative information regarding common issues and may or may not apply to your particular situation. None of the answers provided should be taken as or be considered as legal advice. Consulting with an attorney and/or investigator is highly recommended prior to acting on your own behalf. The questions and answers are proprietary to Legal Investigative Services, Inc. and strictly prohibited to be copied or distributed without permission of Legal Investigative Services, Inc.

FREQUENTLY ASKED QUESTIONS

QUICK LINKS