Q: Is the investigator in a criminal case obligated to question a witness before a trial or plea takes place?

A: In a criminal case, the obligations of an investigator can vary based on the laws of the jurisdiction and the specifics of the case. Generally, investigators should pursue all credible leads and examine relevant evidence, which can include questioning new witnesses who might provide critical information. However, there's no absolute requirement that they must question every potential witness before a trial or plea deal; much depends on their assessment of the witness's relevance and credibility.

If you believe a new witness could provide vital testimony or evidence in your favor, it's important to communicate this to your defense attorney as soon as possible. Your attorney can then inform the court or the prosecutor and argue for the witness to be questioned or deposed before the trial. The legal team representing you should work to ensure your right to a fair trial is upheld, which includes investigating potential exculpatory evidence.

Keep in mind that while due process rights are designed to ensure fair treatment under the law, they do not guarantee specific investigative steps by individual officers or investigators. If you're concerned about the thoroughness of the investigation or believe your rights are being compromised, discussing these concerns with your lawyer is crucial. They can offer advice tailored to your situation and, if necessary, take steps to address any deficiencies in the investigative process.