Garland Federal Criminal Defense
Relentless Federal Criminal Defense Lawyers in Garland to Protect Your Reputation, Liberty, and Financial Security
When FBI or DOJ agents show up at your door or you are served with a Grand Jury subpoena, anxiety about the future and concern about you career, financial security, and family are natural. Whether you are a physician accused of health care fraud or a government contractor facing allegations of submitting false claims for payment, the threat of potential incarceration, oppressive fines, and harm to your reputation can be devastating for you and your family. Federal agents have access to sophisticated forensic tools and virtually unlimited litigation resources.
Whether you have become the target of a federal grand jury or a federal investigation, an experienced Garland criminal defense attorney with a proven history of success in federal criminal courts might be all that stands between you and a federal prison. Oberheiden, P.C. is a law firm constructed to take on the government. Our lawyers have extensive experience successfully handling civil and criminal actions brought by federal agencies. We have not one but several former prosecutors among our team, which enables us to anticipate legal tactics and strategies of the government. We also know where to focus our attention to expose improper conduct by federal agents. When you are responding to a grand jury indictment or you have been arrested by the Federal Bureau of Investigation (FBI), United States Department of Justice (DOJ), Drug Enforcement Agency (DEA) or any other government entity, you will benefit from speaking to our lawyers who have spent years prosecuting federal crimes.
Preeminent Federal Criminal Defense Lawyers Serving Garland
Oberheiden, P.C. offers a national reputation, as well as experience handling thousands of grand jury proceedings and more than 500 trials. Featured by news stations throughout Texas and the U.S., our law firm has developed a leading reputation for representing health care professionals and companies, as well as others subject to government investigations and criminal charges.
There is no firm like ours anywhere in Texas! No law firm in Texas has handled as many federal cases as we have throughout our careers. No law firm in Texas has handled as many federal criminal jury trials as the attorneys of Oberheiden, P.C..
Our law firm is comprised of several lawyers with distinguished careers as prosecutors in the federal government. These lawyers have dedicated their talents to defending against federal investigations, subpoenas, and potential civil or criminal liability by using their knowledge and insights to the benefit of our clients. Some of the reasons that our law firm has earned a preeminent reputation include:
- Exceptional Experience: Oberheiden, P.C.’s attorneys have handled more than a thousand federal cases and 500 criminal trials throughout their careers.
- Practiced in Over Half of U.S. States: Our lawyers have handled legal matters in Texas, Colorado, Alaska, Nevada, Missouri, Virginia, Arkansas, New York, Illinois, Arizona, Nevada, Utah, New Mexico, Oklahoma, Florida, Washington, Michigan, Alabama, Oregon, New Jersey, Illinois, Louisiana, and Ohio.
- Dismissal of Indictments: Our attorneys have obtained the dismissal of indictments in both state and federal courts.
- Secured Departures from the Sentencing Guidelines: Our law firm has persuaded judges to deviate from the federal sentencing guidelines and even to grant probation as a sentence.
Why You Need a Federal Criminal Lawyer for a Federal Criminal Case
If you are arrested for a federal crime, you cannot afford to proceed without a skilled federal criminal defense lawyer. When individuals violate federal law or crimes are committed across state lines, the offense is classified as a federal offense. These crimes are investigated by highly trained and skilled federal prosecutors with agencies like the Drug Enforcement Administration (DEA), Federal Bureau of Investigation (FBI), Department of Justice (DOJ), and others. Federal courts also apply different substantive laws, civil and criminal procedures, and evidentiary rules. The law enforcement agencies at the federal level have far more experience and resources to build evidence against parties facing civil and criminal liability.
Oberheiden, P.C. has the skill and seasoning to help you navigate an investigation by a federal agency, a federal indictment, or a federal Grand Jury subpoena. Our attorneys provide advice on regulatory compliance, pre-charge representation, and defense against federal investigations and charges. Although any encounter with a government law enforcement agent can be intimidating, you should not discuss your situation or cooperate with federal law enforcement agents or prosecutors because this will only make your situation worse. The distinctions that separate federal criminal cases from state cases are much more extensive than just a different courtroom. When facing federal authorities, you need lawyers with a mastery of federal court issues. Some of the differences between state and federal court include the following:
Investigation & Charging Decisions
While state law enforcement authorities initiate investigations and arrests primarily based on offenses reported in their local region, federal prosecutors cherry pick the cases they wish to pursue even if they only have a minimal connection to the jurisdiction. This difference means that they tend to devote more substantial resources, energy, and manpower to pursuing federal investigations than state law enforcement officers pursuing similar offenses. Federal agents also tend to have access to more sophisticated law enforcement tools and techniques. Federal prosecutors also tend to have fewer cases and more time to prepare their cases than state prosecutors.
Use of Expert Consultants and Witnesses
Federal criminal or civil cases seeking reimbursement for fraud against the government frequently deal with highly technical industries requiring specialized expertise. Federal cases often involve health care, securities, taxes, banking, medical billing, insurance coverage, and other matters that necessitate experts to develop and/or evaluate evidence and present the case at trial. Our law firm has access to an extensive array of experts to deal with these types of technical areas or for other purposes, such as determining if data from a computer was lawfully seized. We have expertise in the Federal Rules of Evidence and Federal Rules of Criminal Procedure needed to effectively confront government experts and present specialized information to a jury.
Analysis of Massive Amounts of Discovery
Many fraud and white-collar criminal cases handled in federal court will involve voluminous information, documents, and/or data seized by the government. White-collar crimes can require reviewing millions of documents and computer files, which necessitates having effective and reliable systems for this type of discovery review. Garland federal criminal defense attorneys must have command of the Federal Rules of Criminal Procedure and case law to most effectively challenge the government’s evidence and to present favorable evidence.
Federal Sentencing Guidelines
State court judges typically have broad discretion in sentencing, which often includes probation and diversion options. However, judges at the federal level have far less discretion. Federal judges usually follow the Federal Sentencing Guidelines, which typically include much harsher prison terms than for equivalent state court offenses. These sentencing rules also frequently include oppressive mandatory minimum sentences. Mandatory minimums also make the process of negotiating favorable plea agreements in federal criminal cases far more complex. Oberheiden, P.C. has successfully persuaded federal judges to deviate from the Federal Sentencing Guidelines and even to grant probation.
Federal Law Enforcement Charging Policies
While the Obama administration had adopted a policy of taking a more lenient approach to prosecuting some drug offenses, Attorney General Jeff Sessions has announced a much more punitive approach. AG Sessions has indicated the policy of the Trump administration will be to charge the most serious charge sustainable and to pursue the maximum punishment. Although federal prosecutors can deviate from this harsh practice, the justification for noncompliance must be included in writing within the file.
These are just a few of the ways that federal and state cases differ in complexity, making it essential to have a proven Garland federal criminal defense lawyer. Oberheiden, P.C. has successfully defended thousands of cases on behalf of clients facing government investigations and criminal prosecutions.
Special Knowledge in Federal Health Care Fraud Cases
Our lawyers have a proven record of success both as former prosecutors and federal criminal defense attorneys that enable us to represent clients in Garland and across the DFW area in criminal investigations and trials.
Our attorneys represent physicians, pharmacies, home health care providers, nursing homes, pharmacists, medical device manufacturers, and other individuals or entities in the health care and medical industry. This representation includes defending against civil qui tam actions brought by “whistleblowers,” as well as parties dealing with a federal grand jury indictment, investigation, or criminal charges. Some of the agencies that our lawyers take on for clients facing allegations include:
- Food and Drug Administration
- Department of Justice
- Department of Health and Human Services – Inspector General
- Medicare Fraud Strike Force
- Internal Revenue Service
- Department of Labor
- Office of Inspector General
- Federal Bureau of Investigation
Our law firm represents health care professionals and companies facing investigations or charges related to kickbacks (Anti-Kickback Statute), false billings submitted to Medicaid (False Claims Act), physician self-referrals (Stark Law), health care fraud allegations (Health Care Fraud Statute), and other federal statutes. Our Garland federal criminal defense attorneys have the experience acquired while handling more than a thousand health care fraud cases. Our law firm also has an exemplary record for keeping health care professionals subject to audits from being referred for federal investigation, criminal charges, or civil liability.
Charges Our Garland Criminal Defense Lawyers Handle
While Oberheiden, P.C. have the decades of experience that our clients count on when they fall under the scrutiny of federal prosecutors to handle the full spectrum of federal crimes, some examples include:
- Medicare Fraud (Home Health & Hospice): Garland and East Dallas have experienced a great number of Medicare Fraud investigations throughout the past couple of years. Of particular focus of FBI and HHS-OIG investigators remain home health care and hospice agencies that provide services to Medicare beneficiaries. Physicians certifying (Form 485) and business owners trying to make a living have become the targets of indictments, fraud accusations, and search warrants. Oberheiden, P.C. can help. We routinely take Medicare Fraud and home health care cases to trial in the Northern District of Texas. Our Dallas-office has substantial experience and you should visit us for a free and confidential consultation to find out what option our experienced Texas fraud defense attorneys see to fight unjust charges.
- Defense of Drug Crimes: While any drug charge is a serious matter, federal narcotics crimes present more significant challenges. Federal agencies like the FBI, DOJ, and DEA tend only to pursue federal cases involving serious drug offenses like trafficking. Federal prosecutors also tend to use drug conspiracy law to charge all co-conspirators, which often include individuals with little connection to the trafficking operation. The government will then offer incentives to some co-conspirators to testify against the rest of the participants in the conspiracy. Our law firm might defend against narcotics conspiracy charges based on the failure of the government to establish an agreement between the defendants.
- “Pill Mill” Operation: The federal government has ramped up prosecution of health industry professionals and companies related to the prescription drug epidemic. Federal agencies often target medical practices based on unusual prescription patterns then send in confidential informants like former or existing patients.
- Bribery & Corruption: This offense occurs when a party offers, pledges, or gives something of value as consideration so that an appointed or elected official within the federal government will be improperly influenced.
- Tax Evasion: When individuals fail to pay their taxes or intentionally evade their tax obligation, the consequences can be heavy financial penalties and even incarceration. Our attorneys might defend against this charge by arguing the state failed to prove you had the requisite intent.
- Mail and Wire Fraud: Federal prosecutors can charge this crime when the accused attempts to defraud another through false statements transmitted via mail or electronic communications.
- Money Laundering: This federal offense involves attempting to ‘clean’ the proceeds of illegal activity. For example, the proceeds of a crime might be invested in a legitimate business to hide the unlawful origin of the money.
Some of the other offenses that our Garland criminal defense lawyers handle in federal court include the following:
- Conspiracy Cases
- Mortgage Fraud
- Weapons Charges
- Obstruction of Justice
- Sex Trafficking
- Hate Crimes
- Real Estate Fraud
- Immigration Offenses
- Health Care Fraud
- Computer & Internet Crimes
- Bank Robbery
- SEC Fraud & Offenses
- Identity Theft
- Bank Fraud
- White Collar/Financial Crimes
Common Questions about Federal Criminal Defense
When citizens must defend against audits, investigations, or criminal charges brought by the federal government, the situation often seems foreign and overwhelming. Our criminal defense attorneys who represent clients in the federal courts of Dallas have provided information that addresses common questions.
How should I choose an attorney to defend against a federal investigation or court case?
While a person accused of a crime or facing civil penalties could theoretically hire any lawyer, this does not mean that the attorneys are all equally qualified to handle a federal criminal case. Individuals charged with federal crimes should ensure that their prospective lawyer has extensive experience defending against federal charges. Advantages also can be gained by retaining a legal representative who has successfully handled similar charges and federal agencies. For example, if you are a physician facing allegations of operating a “pill mill” or Medicare fraud for false billing of Medicare, you should look for a law firm that regularly handles these types of health care fraud allegations.
What should I do if I receive a federal grand jury subpoena?
If you are dealing with the anxiety that accompanies a target letter or a grand jury subpoena, the need to take immediate action is essential. Many people that face a federal agency like the IRS or the DOJ commit the regrettable mistake of trying to deal with the situation on their own. A common example of such an error would include complying with a request in a grand jury subpoena to appear early for a grand jury hearing to speak directly with the prosecutor. If you are the subject of federal scrutiny, you should NEVER speak to law enforcement or prosecutors without consulting a criminal defense attorney.
Can my lawyer represent me at a grand jury hearing?
Although you cannot take your attorney into the grand jury room, he or she can be outside the chamber. When testifying before a grand jury, you have the right to consult your attorney outside the hearing. Provided you are not trying to disrupt the grand jury proceeding, you can take as much time as you want to discuss matters with your lawyer. The decision to have an experienced attorney present to guide you through the process can be invaluable.
Defending Individuals and Businesses in Federal Courts! Contact Skilled Garland Federal Criminal Defense Attorneys
When your career, liberty, and financial security are threatened by criminal punishment or enormous civil penalties, you want the balance of justice tilted in your favor. Oberheiden, P.C. brings the extensive experience that our clients trust, which includes having handled over 1,000 federal cases throughout our careers. Call us at (214) 469-9009 or request a free case evaluation online now to discuss your options.