Oberheiden, P.C. Blog

How (and When) to Switch Lawyers in Criminal Cases

Categories: Criminal Law & Process

Call 866-Hire-Nick and Get a Second Opinion Are you looking for a new lawyer? Are you concerned that your current lawyer is not qualified to provide effective help? Are you afraid you will get charged with a crime or convicted of something you didn’t do? Do you feel neglected or uninformed about what is going…

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What to Do When Federal Agents Come to Your House

Categories: Criminal Law & Process

federal agent

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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