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Oberheiden Attorneys

Federal Criminal Defense Lawyers with Results

If you have been arrested — or contacted by federal or state law enforcement agents requesting a meeting with you — do not give statements or cooperate in any way until you have a chance to speak with us. Don’t waste your time, don’t ruin your chances. Call us today.

Are You Being Investigated?

Talk To Us Before It's Too Late

The worst thing a suspect or a defendant in a criminal case can do is to do nothing. You have to be active, you need to create pressure on the government, not vice-versa.

Make The Right Choice

Federal Criminal Law Attorneys with Results

What Happens When You Call Us?

What Happens in a Criminal Case? Each case is different, but here is what happens when you contact us.


Step 1

First, our attorneys will listen to you. We care about your side of the story. More than just occasionally, we learn very important facts from our clients during the initial meeting. Everything you tell us in these meetings is confidential and, by law, we will not share anything you trust with us. This initial consultation, via phone or in person, is absolutely free.

Step 2

Second, once we understand your side of the story, we reach out to the police or the agents involved to hear their side and their arguments. We can report back to you quickly and then revisit your case to discuss our strategy.

Step 3

Third, we discuss our strategy. Often, cases present numerous options. We sit down with you and assess what you need to do. What is the evidence against you? How far is the investigation? Will you likely be indicted? Are you seen as a center figure in the case or thought to be a conspirator? What criminal statutes are involved? Depending on these and many other factors, our experienced trial team will inform you about the likely outcome of the case under each of your options.

We Find Your Best Options.

No matter what your options are, there are always options. We find options. The worst thing a suspect or a defendant in a criminal case can do is to do nothing. You have to be active, you need to create pressure on the government, not vice-versa. After all, it is the government that needs to prove your guilt. We interdict this attempt by proving your innocence by zealously defending you from the moment you engage our firm.

We Are Experienced. We Are Dedicated.

The defense attorneys at the Oberheiden & McMurrey, LLP have wide-ranging experience in investigatory and pending matters before the Office of Inspector General, Department of Justice, the United States Department of Health and Human Services, and various departments of the State of Texas. Indeed, our attorneys have experience in multiple types of white-collar crime including fraud in its various forms, bribery, insider trading, environmental crime, embezzlement, forgery, tax evasion, kickbacks, and money laundering.

If you have been arrested — or contacted by federal or state law enforcement agents requesting a meeting with you — do not give statements or cooperate in any way until you have a chance to speak with us. Don’t waste your time, don’t ruin your chances. Call us today.

Practice Areas

Criminal Law

Criminal Law

Litigation

Litigation

Health Care Law

Health Care Law

Health Care Defense

Health Care Defense

Any crime that does not fall within one of the federal criminal statutes may be prosecuted by the state. In some cases, such as drug trafficking, the same conduct may be punishable by both the state and the federal government. State crimes include embezzlement, assault, drug possession, DWI, and fraud. Both state and federal crimes are classified as either felonies or misdemeanors, depending on the punishment that may be imposed for that crime. Generally, misdemeanors are punishable by up to one year in jail and a fine of up to approximately $10,000. Felonies are punishable by higher fines and stricter penalties, including life imprisonment. Several states and the federal government also have capital felonies, which are punishable by death.

If authorities have contacted you regarding a criminal investigation, you should determine if the investigation involves you as a potential witness or as a suspect. A criminal defense attorney can help you determine what statements may be safely made to authorities without falling into a trap; for example, being charged with lying to federal agents or state police officers. Moreover, you have the right to have a defense attorney present during questioning, to act as an intermediary and to advise you regarding the exercise of your Fifth Amendment privilege against self-incrimination. If appropriate, a defense lawyer may negotiate with the authorities for more favorable treatment, which may include dismissal of charges or even an agreement not to charge you with any crime.

If you receive a subpoena to testify before a grand jury, as with an investigation, it is not always apparent whether you are being subpoenaed as a witness or as a potential target for indictment. A federal criminal lawyer can help you determine the likely purpose of the subpoena, advise you on how to avoid potential traps when providing testimony, or when to invoke the Fifth Amendment. The attorney may be able to work out a deal for immunity, or for use immunity (meaning that testimony provided before the grand jury may not be used to advance a criminal prosecution against you).

Select a type of crime below for more information


Conspiracy to Distribute Drugs

Federal drug charges often include an allegation of Drug Possession, Drug Trafficking, or Drug Manufacturing, and/or a conspiracy to distribute the drugs in question. These are very serious charges that may allow the government to seek a much stiffer sentence if the defendant is found guilty.

A conspiracy is an agreement between two or more persons to violate the law through a joint course of action. Thus, the three elements of a conspiracy to distribute narcotics are: 1) two or more people reached an agreement or understanding to distribute a controlled substance; 2) the defendant voluntarily and intentionally joined the agreement or understanding; and 3) the defendant understood the purpose of the agreement or understanding at the time he joined.

The punishment for a conspiracy to distribute narcotics or drug trafficking may involve substantial prison time and serious fines. The federal statutes provide for penalties for drug offenses of up to life in prison and a $10 million fine for individuals, and a $50 million fine for organizations. Repeated violations may carry fines of up to $20 million and $75 million, respectively.

The prosecution of most federal drug crimes are brought under the following statutes:

  • 21 U.S.C. § 841 Prohibits the manufacture and distribution of, and possession with intent to distribute, controlled substances;
  • 21 U.S.C. § 846 Prohibits attempts and conspiracies to manufacture, distribute or possess with intent to distribute controlled substances;
  • 21 U.S.C. § 952 Prohibits the importation of controlled substances;
  • 21 U.S.C. § 953 Prohibits the exportation of controlled substances;
  • 21 U.S.C. § 963 Prohibits attempts and conspiracies to import/export controlled substances

The elements for federal drug crime conspiracy are that:

  • two or more persons reached an agreement or came to an understanding to distribute a controlled substance;
  • the accused voluntarily and intentionally joined in the agreement or understanding, either at the time it was first reached or at some later time while it was still in effect; and
  • at the time the accused joined in the agreement or understanding, the Accused knew the purpose of the agreement or understanding.

The penalty structures for these and other drug crimes are set out in 21 U.S.C. §§ 841(b) and 960(b). The minimum and maximum statutory penalties are driven by the type and the quantity of the drug involved, but may be increased if the offense involved death or serious bodily injury, or if the offender has a prior conviction for a felony drug offense. For example:

Pursuant to 21 U.S.C. §§ 841(b)(1)(A) and 960(b)(1), a statutory range of ten years to life applies to offenses involving at least: 1 kilogram of Heroin;

5 kilograms of Cocaine (powder); 280 grams of Cocaine base; 1,000 kilograms of Marijuana or 1,000 plants; 50 grams of actual Methamphetamine; or 500 grams of mixture or substance.

Pursuant to 21 U.S.C. §§ 841(b)(1)(B) and 960(b)(2), a statutory range of 5 to 40 years applies to offenses involving at least: 100 grams of Heroin;

500 grams of Cocaine (powder); 28 grams of Cocaine base; 100 kilograms of Marijuana or 100 plants; 5 grams of actual Methamphetamine; or 50 grams of mixture or substance.

Pursuant to 21 U.S.C. §§ 841(b)(1)(C) and 960(b)(3), a statutory range of zero to 20 years applies to offenses involving lesser quantities of drugs. A statutory maximum of 5 years is provided for offenses involving less than 50 kilograms of marijuana and for certain other lesser offenses. See 21 U.S.C. §§ 841(b)(1)(D) and 960(b)(4).

Show statutes defining conspiracy to distribute and drug trafficking

If you are associated with Drug Possession, Drug Trafficking, or Drug Manufacturing, you have no time to lose. You must act fast. Hire the defense team that will represent your interest zealously before the government has its case prepared.

You should consult with attorneys that take your concerns seriously and that have the experience needed to successfully represent clients in federal courts and before government agencies.

If you have questions about Drug Crimes, Drug Possession, Drug Trafficking, or Drug Manufacturing, please contact us to discuss the best strategy and outcome of your case in full confidentiality.

Embezzlement

Under 18 U.S.C. § 656 and § 657, it is a federal crime for a person to embezzle or misapply bank funds. The elements for these crimes include:

  • that the defendant was an officer or employee of the bank;
  • that the accounts of the bank were insured by the Federal Deposit Insurance Corporation;
  • that the defendant, being an officer or employee, knowingly and willfully embezzled and misapplied monies and funds of the bank; and
  • that the defendant acted with intent to injure and defraud the bank.

Embezzlement and misapplication are distinct offenses. The distinction between embezzlement and misapplication is that for embezzlement, a defendant must have lawful possession of the funds alleged to have been appropriated for his own use.

If you are associated with Embezzlement charges, you have no time to lose. You must act fast. Hire the defense team that will represent your interest zealously before the government has its case prepared.

You should consult with attorneys that take your concerns seriously and that have the experience needed to successfully represent clients in federal courts and before government agencies.

If you have questions about Embezzlement, please contact us to discuss the best strategy and outcome of your case in full confidentiality.

Money Laundering

Pursuant to 18 U.S.C. § 1956, money laundering refers to a financial transaction scheme that aims to conceal the identity, source, and destination of unlawfully obtained monies. Generally speaking, money laundering is a three-step process. First, the illegal activity that garners the money places it in the launderer’s hands. Second, the launderer passes the money through a complex scheme of transactions to obscure who initially received the money from the criminal enterprise. Third, the scheme returns the money to the launderer in an obscure and indirect way.

If you are associated with Money Laundering, you have no time to lose. You must act fast. Hire the defense team that will represent your interest zealously before the government has its case prepared.

You should consult with attorneys that take your concerns seriously and that have the experience needed to successfully represent clients in federal courts and before government agencies.

If you have questions about Money Laundering, please contact us to discuss the best strategy and outcome of your case in full confidentiality.


Forgery

Forgery is falsifying a document with the intent to defraud another person. Although it is commonly thought of as “faking” a signature, any falsification of a document constitutes forgery. Forgery can occur either through the creation of a false document or the unlawful alteration of a genuine document. Counterfeiting money or artwork is also a type of forgery. In Texas, the falsification of two or more documents leads to a presumption that the person did have the intent to defraud.

The elements of forgery are:

  • The falsification or unauthorized alteration of a document
  • Done with the intent to defraud another person.

Because there are many types of forgery, it may be charged as either a misdemeanor or a felony and may be either a state or federal crime.

Under California Penal Code 470, forgery may be penalized by up to three years in prison and a fine of up to $ 10,000.00 plus payment of restitution to any victims.
Under Texas Penal Code § 32.21, forgery is generally charged as a Class A misdemeanor, which has a sentence of up to one year in jail and a fine of up to $ 4000.00. The charge may be upgraded to a felony depending on the type of document that has been forged and whether the victim is an elderly person. Felony charges in Texas may carry a penalty of up to 99 years or life and up to a $ 10,000.00 fine.

There are over forty federal statutes relating to forgery, and each has its own punishment range. Generally, federal forgery under 18 U.S. §§ 470-514 is punishable by a fine and up to ten or twenty years in a federal prison.
If you are associated with Forgery charges, you have no time to lose. You must act fast. Hire the defense team that will represent your interest zealously before the government has its case prepared.

You should consult with attorneys that take your concerns seriously and that have the experience needed to successfully represent clients in federal courts and before government agencies.

If you have questions about Forgery charges, please contact us to discuss the best strategy and outcome of your case in full confidentiality.

Tax Evasion

Tax evasion is a crime that is charged when a person purposefully fails to pay or seeks to avoid paying the taxes due to the government.

The elements of tax evasion are:

  • The existence of a tax deficiency
  • The intent to evade payment of the tax
  • An affirmative act constituting an evasion or attempted evasion of the tax. This may be any act that serves to mislead the government or conceal funds.

Under federal law, 26 U.S.C. § 7201 makes tax evasion a federal crime for any person who willfully attempts in any manner to evade or defeat any tax imposed. In addition to other penalties provided by law, federal tax evasion is a felony and, upon conviction thereof, a person shall be fined not more than $ 100,000.00 ($ 500,000.00 in the case of a corporation), or imprisoned not more than 5 years, or both, together with the costs of prosecution.

If you are associated with Tax Evasion, you have no time to lose. You must act fast. Hire the defense team that will represent your interest zealously before the government has its case prepared.

You should consult with attorneys that take your concerns seriously and that have the experience needed to successfully represent clients in federal courts and before government agencies.

If you have questions about Tax Evasion charges, please contact us to discuss the best strategy and outcome of your case in full confidentiality.

Who Will Handle Your Case

When you hire us, you will not work with paralegals or junior lawyers. So, when you call, you can expect a lawyer that immediately connects with your concerns and who brings in a wealth of experience and competence.

Dr. Nick Oberheiden

Dr. Nick
OBERHEIDEN

Lynette S. Byrd

Lynette S.
BYRD

Client Experiences

Top Lawyer!

Dr. Oberheiden quickly understands all issues and is able to convincingly present the client’s side of the story. From my experience with other lawyers, I consider Dr. Oberheiden to be among the best attorneys we have ever used. Should we ever need legal help, the first thing our company will do is to call Dr. Oberheiden.”

Fantastic, Quick Results

“Nick and his partners were great to work with. They were quick to respond to any questions that I had and also spent the time to make me feel like they cared about my situation when I was panicked. I would recommend Nick and Elizabeth to anyone. These guys know the law and helped me tremendously. Thank you.”

Impeccable Service

“Our experience with Nick Oberheiden was overwhelmingly positive! We recently brought a range of complex legal issues to the table, which they responded to with a systematic, prudent approach. Throughout our work together, Oberheiden & McMurrey, LLP served as an invaluable source of practical guidance and legal leadership. We would recommend them highly and without reservation to anyone. Simply, the best!”

Trustworthy, Experienced Firm

“Our companies have worked with firms all over the country within various specialties and now use Nick Oberheiden’s firm almost exclusively. Nick represented our companies in some federal law investigations. His guidance and expertise allowed us to continue to concentrate on our core business as he dealt with the complex legal issues.”

IF YOU ARE UNDER INVESTIGATION

YOU SHOULD CONTACT US TODAY

Contact the Experienced Federal Criminal Defense Attorneys of Oberheiden & McMurrey, LLP Now for a Confidential Consultation

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