Oberheiden Law Group Blog

federal agent

What to Do When Federal Agents Come to Your House

Categories: Criminal Law & Process

Unless and until you have a defense attorney present, you should never agree to an interview with federal agents.  If federal agents visit you unannounced at your home or office, you should politely decline their request to speak with you.  Even if the agents assure you that you are not the target of their investigation…

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When May Evidence Be Suppressed from Use at Trial?

Categories: Criminal Law & Process

suppressed evidence

The exclusionary rule bars prosecutors from using evidence obtained in contravention of a defendant’s constitutional rights as evidence of that defendant’s guilt at trial.  Essentially, the exclusionary rule is the mechanism by which defendants can suppress illegally obtained evidence.  The exclusionary rule only applies in criminal cases, and its application is heavily limited by a…

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The Right to Trial by Jury in Federal Criminal Cases

Categories: Criminal Law & Process

trial by jury

Both Article III and the Sixth Amendment of United States Constitution guarantee all citizens the right to a trial by jury in criminal cases.  The United States Supreme Court has expounded upon this right by explaining, “The Constitution gives a criminal defendant the right to have a jury determine, beyond a reasonable doubt, his guilt…

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What is the Consequence of a Guilty Plea?

Categories: Criminal Law & Process

guilty plea

In the majority of criminal cases, defendants plead guilty pursuant to a plea agreement with prosecutors.  But what does pleading guilty actual entail? Conviction A guilty plea results in conviction.  By pleading guilty, the defendant admits to all elements of the crimes to which he is pleading.  Likewise, the defendant admits that all material facts…

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What Makes Search Warrants Unconstitutional?

Categories: Criminal Law & Process

search warrant

Under most circumstances, federal agents must have a search warrant to legally search a home or business.  However, just because a search warrant exists does not mean that it is legally sufficient.  Deficient search warrants may result in the exclusion of evidence. Probable Cause Standard In order to be valid, a search warrant must be…

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