TOP GUN INVESTIGATIONS
Criminal Defense Investigations
in Tampa
Attorney-Led. Board Certified. Built for High-Stakes Cases.
Unbalanced Investigations
The Problem With One-Sided Investigations
What the Research Says
Tunnel Vision and the Case for Independent Investigation
Peer-Reviewed Insight — Confirmation Bias in Criminal Investigations
Top Gun’s criminal defense investigation methodology
Real Cases Real Results
The following cases illustrate what independent criminal defense investigation can accomplish when conducted by someone who understands both the investigative and legal dimensions of a case. All identifying details have been withheld to protect client confidentiality.
Case Study 1
The Second Wound They Missed
A woman contacted Top Gun after her son’s death in Wyoming was ruled a suicide. Her son was married with two young children, and his life insurance policy had been in force for less than two years — meaning the carrier denied the claim entirely on the basis of the suicide ruling. The family was left with nothing. After obtaining the police report, medical examiner’s report, toxicology results, and autopsy, Mark conducted a comprehensive forensic death review. The police report — like most — was poorly written and incomplete. A critical detail had been missed: the decedent had a second gunshot wound on his left hand. He was right-handed. There is no plausible way a right-handed individual could have inflicted a through-and-through wound to the left hand and then a fatal wound to the back of the head. Top Gun coordinated a formal hearing in Wyoming. The manner of death was officially reclassified from suicide to homicide. The insurance carrier had no defensible basis to continue denying the claim. The family was positioned to recover the full policy benefit — a result that would have been impossible without independent forensic review.
Case Study 2
No Bullet Holes in the Evidence
A man was sitting in jail, charged with shooting another individual three times in the back. The prosecution’s case rested heavily on witness statements and the physical evidence from the scene. When Top Gun finally obtained the discovery — including the alleged shooter’s jacket and shirt — there was a fundamental problem: there were no bullet holes in the clothing. If the defendant had shot someone at close range, the physics of the event would have left forensic evidence on his clothing. The absence of that evidence was not a minor discrepancy — it was a direct contradiction of the prosecution’s narrative. This type of finding is only possible when an investigator knows what physical evidence should be present in a given scenario and has the legal foundation to understand its significance to the defense.This is the difference between a standard PI and an attorney-led investigative firm. We don’t just collect. We analyze. And we understand exactly why what we find — and what we don’t find — matters in court.
Capabilities
Criminal Defense Investigation Capabilities
Police Report Analysis & Procedural Review
Police reports are frequently the most consequential document in a criminal case — and often poorly drafted. Officers are overworked, understaffed, and undertrained as legal writers. The result is that their reports can be full of internal contradictions, missing measurements, unsupported conclusions, and procedural errors that the prosecution hopes no one notices. Mark reviews every report with the eye of both a seasoned investigator and a practicing attorney, identifying:
- Contradictions between the narrative and the physical evidence
- Missing chain of custody documentation
- Procedural violations that could support suppression motions
- Unsupported conclusions stated as fact
- Brady material — exculpatory evidence the prosecution is legally required to disclose
Independent Crime Scene Re-Examination
The initial law enforcement sweep of a crime scene is conducted under pressure, often at night, and with a working theory already forming. Physical evidence that contradicts that theory may be overlooked, under-photographed, or simply not collected. By the time the defense gets involved, critical evidence may be gone. Top Gun crime scene re-examinations focus on:
- Independent scene documentation and photography when possible
- Identification of forensic details missed in the initial sweep
- Canvassing for surveillance cameras from nearby businesses, residences, and traffic systems
- Environmental and lighting analysis relevant to witness visibility or identification
- Locating physical evidence that was present but not collected or not reported
Forensic Death Investigation & Autopsy Review
As one of only two National Board Certified Forensic Death Investigators (CFDI) in Florida, Mark Aubin brings an elite level of forensic scrutiny to homicide, manslaughter, and suspicious death cases. Medical examiner reports, like police reports, are not immune to error. Cause of death and manner of death determinations can be wrong — and those errors have cascading consequences in criminal proceedings. Our forensic death review examines:
- Consistency between stated cause/manner of death and physical evidence
- Wound pattern analysis and directionality
- Toxicology interpretation in context of clinical and behavioral history
- Timing of death relative to known facts and witness accounts
- Whether the scene evidence is consistent with the official classification
In criminal defense, a reclassification of manner of death — or even a credible challenge to it — can shift the entire trajectory of a case.
Witness Location, Vetting & Recorded Statements
The prosecution’s witness list is not the complete picture. There are frequently individuals who were present at or near an incident, who have relevant knowledge, and who were never contacted by law enforcement because they didn’t fit the narrative, or they simply did not have the manpower. Finding those witnesses — and properly documenting their accounts — is one of the highest-value services a defense investigator can provide. Top Gun witness services include:
- Comprehensive witness location using proprietary databases and skip tracing
- Professional interviews conducted in compliance with the Florida Rules of Professional Conduct
- Recorded sworn statements are admissible for use in depositions and trials
- Background investigation and credibility assessment of state witnesses
- Identification of prior inconsistent statements that can be used for impeachment
Digital Forensics & Electronic Evidence Recovery
Some of the most powerful defense evidence in modern criminal cases is digital: GPS location data that places a defendant somewhere other than the crime scene, cell tower ping records that contradict the prosecution’s timeline, private security footage that law enforcement never subpoenaed, and social media activity that establishes context or motive. Top Gun’s digital forensics capabilities include:
- Cell tower and GPS data analysis to establish or challenge location timelines
- Recovery of deleted text messages, emails, and social media communications
- Identification and preservation of security footage before it is overwritten
- Computer and smartphone forensic examination
- Dark web and open source intelligence (OSINT) research on subjects and witnesses
Polygraph Examinations
While polygraph results are generally not admissible as evidence in Florida criminal trials, they remain an invaluable investigative tool. A professionally administered polygraph can assess the credibility of a witness or a defendant’s account before resources are committed to a defense strategy — and results can be used in negotiations with prosecutors or in certain post-conviction proceedings. Top Gun polygraph services are administered by trained examiners and conducted in strict accordance with professional standards.
Capital Cases & Death Row Review
Top Gun accepts capital case referrals. The combination of Board Certification in both Criminal Defense Investigation and Forensic Death Investigation makes Mark uniquely qualified to conduct the comprehensive, multi-layered review that capital cases demand. If there are errors in the original investigation — in the police work, the autopsy, the witness accounts, or the forensic analysis — we can find them. In capital and serious felony cases, Top Gun provides:
- Full independent reinvestigation of the underlying offense
- Forensic death review with focus on cause and manner determination
- Mitigation investigation support
- Post-conviction investigation to identify newly discovered evidence
- Expert testimony in evidentiary hearings and appeals
How Top Gun Compares
Criminal Defense Investigation
Active Florida Bar Law License
Board Certified Criminal Defense Investigator
Board Certified Forensic Death Investigator
Police Report Legal Analysis
Brady Material Identification
Forensic Autopsy & Death Review
Expert Courtroom Testimony
Former Family Court Magistrate
Who We Serve
Defense Attorneys & Law Firms
We are a trusted investigative partner for criminal defense attorneys throughout Florida and nationally. Mark’s law license means we bridge the field and the firm — our work product is litigation-ready from day one.
Defendants & Their Families
If you or a family member has been charged with a crime and you believe the investigation was incomplete or one-sided, contact Top Gun directly . We can evaluate your case and coordinate with your defense counsel.
Post-Conviction & Appeals Cases
Newly discovered evidence, forensic re-examination, and independent witness reinvestigation can form the basis of post-conviction relief. Time matters in these cases. Contact us immediately
Juvenile & Misdemeanor Cases
A misdemeanor conviction or juvenile record can follow a person for decades. The same investigative rigor we apply to felony cases is available for lower-level charges where the evidence doesn’t add up.
Why the Attorney Credential
Changes Everything in Criminal Defense
In Mark’s Own Words:
Here is how Mark’s active law license translates to a direct advantage in criminal defense cases:
Brady Material Identification
Mark knows what the prosecution is legally required to disclose and can identify when they haven’t. Standard PIs are not trained to recognize Brady violations.
Rules of Evidence Compliance
Every statement, photograph, and piece of digital evidence Top Gun collects is gathered in compliance with Florida Rules of Evidence — so it can’t be challenged or suppressed at trial.
Current Case Law Application
Mark actively researches applicable precedent and can advise defense counsel on how recent rulings affect investigative strategy — a capability no other PI in Florida can offer.
Attorney-to-Attorney Communication
When working with defense counsel, Mark communicates as a legal peer, not as a vendor. Case strategy discussions are more direct, more efficient, and more legally precise.
Courtroom Testimony
As both a licensed investigator and practicing attorney with extensive trial experience, Mark’s expert testimony carries exceptional credibility with judges and juries.
COMMON QUESTIONS
frequently asked questions
How does a private investigator help a criminal defense case?
A defense PI uncovers evidence that law enforcement missed, ignored, or chose not to document. This includes locating witnesses who contradict the prosecution’s narrative, identifying forensic inconsistencies in police and autopsy reports, recovering digital evidence that establishes an alibi, and finding the procedural errors that support motions to suppress. The difference at Top Gun is that all of this is done under the guidance of an attorney — so every finding is evaluated through the lens of what will matter most at trial.
Can you help with a capital murder or death row case?
Yes. Top Gun accepts capital case referrals. Mark’s Board Certification in both Criminal Defense Investigation (CCDI) and Forensic Death Investigation (CFDI) makes him uniquely qualified for the high-level, multi-layered review that capital cases require. If there are errors in the original investigation — in the police work, the autopsy, the witness accounts, or the forensic analysis — we are equipped and certified to find them. In cases where a life is at stake, the standard of investigation must be absolute.
What is Brady material and why does it matter?
Brady material refers to any evidence in the prosecution’s possession that is favorable to the defendant and material to guilt or punishment — evidence the prosecution is constitutionally required to disclose under Brady v. Maryland (1963). Law enforcement and prosecutors do not always identify or disclose Brady material as required. Mark’s legal training allows him to recognize when exculpatory evidence exists, when it hasn’t been disclosed, and how to use that failure to the defense’s advantage.
How early in a case should I contact a defense investigator?
As early as possible. Evidence disappears quickly. Surveillance footage is overwritten. Witnesses’ memories fade and accounts solidify. The sooner Top Gun is involved, the more evidence is available to work with and the more options are available to the defense. If an arrest has been made or charges are imminent, contact us immediately for a confidential case analysis.
Do you work directly with defense attorneys or with defendants?
Both. Top Gun regularly works as a direct investigative partner for criminal defense attorneys and law firms across Florida. We also work directly with defendants and their families who retain us independently and then coordinate our findings with their counsel. Either arrangement works — what matters is that the investigation begins as quickly as possible.
Are your polygraph examinations admissible in Florida courts?
In Florida, polygraph results are generally not admissible as evidence at trial unless both parties stipulate. However, polygraphs remain a valuable investigative tool for assessing credibility, informing case strategy, and supporting negotiations with prosecutors. In certain post-conviction and appellate contexts, polygraph results may also carry evidentiary weight. Top Gun’s polygraph examinations are conducted by trained professionals using industry-standard equipment and protocols.
How does forensic death investigation apply to a criminal defense case?
In any case involving a death — homicide, manslaughter, vehicular homicide, or a death that has been misclassified — the manner and cause of death determination is often the central factual question. If the medical examiner got it wrong, or if the forensic evidence is inconsistent with the official classification, that is grounds for a fundamental challenge to the prosecution’s case. As one of only two Board Certified Forensic Death Investigators in Florida, Mark conducts independent autopsy and toxicology reviews that can identify those inconsistencies and support expert testimony at trial.