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Proven Federal Attorneys
Nationwide Defense. Experienced Representation.

Dr. Nick Oberheiden
Founder

Aaron Wiley
Former State &
Federal Prosecutor

S. Amanda Marshall
Former U.S. Attorney

Lynette Byrd
Former Assistant
U.S. Attorney

  • Federal Criminal Defense
  • Federal Trial Lawyers
  • Search Warrant Defense
  • Grand Jury Subpoenas
  • OIG Subpoenas
  • Whistleblower Cases
  • FBI, DEA, IRS, OIG, HHS Cases

Dade County Criminal Defense

Trusted Dade County Criminal Defense Lawyers

Our federal defense lawyers have a long track record of securing favorable outcomes for clients in Dade County and nationwide, including white-collar employees, business leaders, high-end professionals, health care providers, and corporate entities.

Call (888) 519-4897 now for a free and confidential case review.

Oberheiden, P.C., is a criminal defense firm comprised of trial-tested federal defense lawyers as well as former federal prosecutors who spent many years working for the very agencies and offices we now fight against.

No matter what stage or status your criminal matter is currently in, if you are at risk for criminal prosecution or conviction at the federal level, you deserve to have an aggressive defense team by your side, using their experience and knowledge to save you from the severe consequences that conviction could bring.

Most federal crimes carry the risk of severe penalties, including long-term imprisonment and/or insurmountable monetary fines.

Many of our clients first came to us because they suddenly found themselves facing the possibility of millions of dollars in fines or decades behind bars. It is a terrifying prospect, but the situation is not hopeless. In the majority of those cases, our Dade County criminal defense lawyers have been able to help them avoid charges entirely.

Decisive and Proven Dade County Criminal Defense Lawyers for All Stages of Criminal Cases in Florida

While we are available to get involved in any stage of the criminal justice process, we urge you to contact us as soon as possible. Generally speaking, the earlier our Dade County criminal defense lawyers are involved, the more options we have. Below, we walk through the typical process for a criminal case in Dade County, stage by stage.

1. Investigation

The first and most profound opportunity to defend against a federal criminal case comes during the government’s early investigation – before any charges have been filed. Indeed, this stage represents a chance to keep them from getting filed to begin with.

The most common investigating agencies in Dade County criminal matters include the:

  • Department of Justice (DOJ)
  • Drug Enforcement Administration (DEA)
  • Federal Bureau of Investigation (FBI)
  • Internal Revenue Service (IRS)
  • Office of Inspector General (OIG)

At Oberheiden, P.C., our proven Dade County criminal defense lawyers understand that investigations, though extremely serious and potentially dangerous, are also opportunities for proactive criminal defense.

We are proud to say that the majority of the clients who have hired us during a DOJ, DEA, FBI, IRS, or OIG investigation were able to avoid having any charges filed in the first place.

2. Grand Jury

If you have been subpoenaed by a grand jury in Dade County, please understand that the situation is urgent. Criminal charges may be imminent. Consult with a lawyer right away. It may mean that you are a target or that you are closely connected with someone who is a target (in which case, the scope of the proceedings could expand to bring you within it).

You should never approach a grand jury proceeding alone. Whether submitting documents or providing testimony, you do not have to provide any information or testimony that will be self-incriminating or subject to the attorney-client privilege – nor should you.

The function of a grand jury is to tell the government whether there is enough evidence against you to believe you’ve committed a crime. If you have been indicted, therefore, it means that a grand jury has already looked at the evidence against you and found probable cause. (Of course, the standard for conviction at a trial will ultimately be much higher than “probable cause.”)

3. Pretrial

If you have already been charged with a federal crime in Dade County, our focus will shift from investigation intervention to a results-oriented pretrial strategy instead.

In other words, at this stage, we will begin looking for ways to resolve the case before it goes to trial. This can be accomplished in many ways: through negotiation, pretrial proceedings, or a combination of both.

Pretrial proceedings may include hearings, motions, answers, and other procedures. Any of these proceedings can be an opportunity to suppress evidence and/or gain leverage to use against the prosecution in negotiations.

Most federal matters get resolved at the pretrial stage, whether through a plea agreement or by convincing the U.S. Attorney’s Office to drop charges entirely. At Oberheiden, P.C., our skilled Dade County criminal defense lawyers never take going to trial for granted.

4. Trial

Should you decide, on your attorney’s advice, that going to trial represents your best opportunity (or is otherwise inevitable), your defense team should immediately begin to prepare to make a strong and compelling case to a jury.

The prosecution has the burden of proof at a trial, so you do not have to prove you are innocent. Rather, our job is to prevent the prosecution from being able to prove that you are guilty beyond reasonable doubt of every element of the crime. We can do that in a variety of ways, including:

  • Seeking to have evidence suppressed at trial
  • Cross-examining the government’s expert witnesses
  • Challenging the government’s fact patterns
  • Challenging the veracity of the government’s evidence or the sufficiency of its overall case (e.g., has it failed to address a key element of the charge or charges against you?)
  • Presenting affirmative defenses that insulate you from criminal culpability

Though much of our defense work is done pretrial, we want to be clear: the defense lawyers at Oberheiden, P.C., have extensive courtroom experience and are seasoned criminal trial attorneys with a robust track record, including acquittals.

5. Sentencing

If you are found guilty on any charge at trial, your case will proceed to a sentencing hearing. Even after a guilty verdict, there is still work to be done. Your sentencing hearing is a chance for you to minimize your penalties. In many cases, the sentence can be reduced substantially.

Once again, working with an experienced federal defense attorney in Dade County will give you the strongest opportunity to protect yourself from unfair or excessive sentencing.

6. Appeal

Finally, regardless of your sentence, if you were found guilty in federal criminal court, you have the right to file an appeal. However, the grounds for an appeal are limited. For this reason, it is absolutely critical that your federal defense team not forget about the possibility of an appeal, even during the trial. They must be very careful to keep the door open for potential appellate arguments.

Oberheiden, P.C., maintains a full-service appellate practice. Representing, not only our own clients, but also clients who were represented by other attorneys at trial.

Learn More about Your Case

Navigating the federal criminal justice system can be challenging. While you simply do not have time to learn everything, you may find it helpful (and comforting) to go ahead and acquaint yourself with some basic legal principles. Doing so can give you the confidence and framework you need to make informed decisions and to communicate capably with your attorneys.

For more information about defending against federal criminal charges in Dade County, we encourage you to read these resources from our website:

  • What Are Conditions for Pretrial Release? – If you are in federal custody pending trial, getting you released from prison will obviously be a top priority. There are certain procedures for seeking pretrial release, and our attorneys can help you decide which strategies to pursue.
  • Federal Grand Jury Subpoena Defense – When you are served with a grand jury subpoena, you need to respond appropriately first and then prepare your testimony. Our trusted lawyers can guide you through both stages of this process while taking the formal legal steps necessary to protect you.
  • What Are My Options after Being Federally Indicted? – You have been indicted. What now? Find out what to expect during the remainder of your federal case in this helpful guide, written by an experienced federal defense lawyer at our firm.
  • What Is the Burden of Proof in Federal Criminal Cases? – You might know that the burden of proof in federal criminal cases is “beyond a reasonable doubt.” But what exactly does that term mean? Explore how the jury will evaluate your guilt (or lack thereof) if your case is submitted for a jury verdict.
  • How to Prepare for a Criminal Trial – What can you do to help make sure the U.S. Attorney’s Office cannot meet its burden of proof? Here are steps you can take and mistakes you need to avoid.
  • How Can I Prepare for My Sentencing Hearing? – After a conviction in federal district court, it is crucial that you continue to aggressively pursue a strategic defense. You will need to attend a separate sentencing hearing. But your sentence is not a foregone conclusion.

FAQs: Facing a Federal Investigation or Federal Criminal Charges in Dade County, FL

Q: What should I do if I have received a subpoena or target letter?



A: If you have received a subpoena, target letter, or any other direct communication from a federal agency (such as the DOJ, DEA, FBI, IRS, or HHS – OIG), you must proceed very carefully. You may now be the subject of a federal investigation. Your actions, inactions, and statements can all be used against you, so you need an attorney to guide you at every turn. While you should not simply ignore a government request or demand, you also should not try to respond on your own without consulting a lawyer. Mistakes are too easy to make.

Q: If I have been indicted, do I have any chance of avoiding a conviction at trial?



A: Yes. In fact, there are many instances where our highly experienced Dade County criminal defense lawyers have achieved a dismissal of criminal charges in the majority of the federal cases we’ve handled. We have even persuaded prosecutors not to file charges or to drop the charges, in spite of a grand jury indictment. We are proud of the outcomes we’ve achieved at trial, which have included acquittals for our clients in the face of very challenging facts and evidence. Additionally, there is the option of negotiating a plea deal, which can considerably minimize the penalties you’re facing.

Q: How do I know if my investigation or charges are civil or criminal in nature?



A: It isn’t always clear. For that matter, what starts as a civil investigation could soon evolve into a criminal investigation. Even a routine audit (such as those performed by CMS auditors in the health care industry) can be referred from a civil auditor to a criminal law enforcement agency – even without your knowledge, at first. When you hire Oberheiden, P.C., we will use our extensive experience in this field to get to the bottom of your legal matter: what’s at stake, where the investigation stands, and whether it is currently being positioned toward civil or criminal action.

Q: Can you provide criminal representation during an investigation in Dade County, even if there are no charges yet?



A: Yes. Our criminal defense attorneys are available to travel throughout Dade County, FL, to represent our clients whenever and wherever needed.

Q: What can I expect during a free case assessment?



A: When you schedule a free case assessment at Oberheiden, P.C., you are scheduling a detailed, one-on-one consultation with a trusted senior federal defense attorney. Your lawyer will help you understand what you need to know in order to avoid critical mistakes and develop a strategic action plan for moving forward.

Contact our Dade County Criminal Defense Attorneys at Oberheiden, P.C.

If you need a federal criminal defense lawyer in Dade County, we encourage you to contact us immediately to schedule your free case assessment. To discuss your case in confidence, call our Dade County criminal defense attorneys at (888) 519-4897 or send us your contact information online now.

All website terms, conditions, and disclaimers apply to this information and are hereby fully incorporated. Specifically, this information has been prepared (1) for informational purposes only and does not constitute legal advice; (2) This information may constitute attorney advertising in some jurisdictions; (3) Merely reading this information does not create an attorney-client relationship; (4) Attorneys of Oberheiden, P.C., are not licensed in all states but are only licensed to practice in the states mentioned in their respective biographies. Nothing contained in here is meant to constitute the unauthorized practice of law or a suggestion of physical presence in the state; (5) Prior results do not guarantee similar outcomes in the future.

Who Will Handle Your Case

When you hire us, you will not work with paralegals or junior lawyers. Each lawyer in our Health Care Practice Group has handled at least one hundred (100) matters in the health care industry. 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. For example, you need someone like Lynette S. Byrd, a former federal prosecutor in health care matters, who recently left the government and who is now sharing the valuable insights she gained as a health care prosecutor with our clients.

Dr. Nick Oberheiden

Dr. Nick
OBERHEIDEN

Lynette S. Byrd

Lynette S.
BYRD

Amanda Marshall

Amanda
MARSHALL

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