As highly-experienced federal defense lawyers and former federal prosecutors, the members of our federal criminal defense team have handled thousands of cases all over the country. If you are under investigation or facing criminal charges in Nevada, call 888-519-4897 now to speak with one of our senior attorneys in confidence.
Federal investigations, grand jury proceedings, and federal criminal trials all present unique challenges from a defense perspective, and each stage of the process requires a defense strategy that is custom-tailored to the circumstances at hand. Whether you have just learned that you are being targeted in an investigation or you are in federal custody awaiting trial, making informed decisions requires a comprehensive understanding of the legal and procedural aspects involved in the current stage of the government’s prosecution.
At Oberheiden, P.C., we offer centuries of experience in federal criminal cases. Our attorneys are nationally-renowned defense lawyers and former federal prosecutors, and we have successfully defended clients in high-stakes cases across the country. We have resolved numerous federal investigations without charges being filed, and we have secured dismissals and acquittals under circumstances in which all hope appeared to be lost.
If you are under investigation, if you have been served with a grand jury subpoena, or if you have been charged with a federal crime in Nevada, you need experienced legal representation. Members of our federal criminal defense team are available 24/7, so call 888-519-4897 now.
Cases We Handle
We represent clients facing all types of serious federal charges, with an emphasis on white-collar defense. Our clients include public figures, politicians, licensed professionals, company executives, business owners, and other high-profile and high-net-worth individuals, and we are available to represent clients throughout Nevada. If you are under investigation, under arrest, or facing charges for any of the following types of offenses, our attorneys can use their vast experience to protect you:
- Bank Fraud
- Drug Crimes
- Health Care Fraud
- Insurance Fraud
- Intellectual Property Theft
- Mail Fraud and Wire Fraud
- Money Laundering
- Mortgage Fraud
- Public Corruption and Bribery
- Securities Fraud
- Tax Evasion
- Terrorist Acts
- Theft of Government Property
Understanding the Three Stages of Federal Criminal Prosecution
Broadly speaking, federal criminal prosecutions involve three stages:
1. Federal Investigation
The first stage is the investigation. By the time you find out that federal authorities are after you, there is a good chance that the investigation has been going on for some time. This means that you need to act quickly to level the playing field, and you need to engage a criminal defense team that can effectively intervene in the government’s investigation and determine your potential exposure. We handle investigations involving the Department of Justice (DOJ), Drug Enforcement Administration (DEA), Federal Bureau of Investigation (FBI), Office of Inspector General (OIG), U.S. Attorney’s Office, and all other federal agencies and task forces.
2. Grand Jury Subpoena
Once federal prosecutors believe they have gathered enough evidence through the investigative process, they will ask the court to issue a grand jury subpoena. The grand jury’s role is to determine whether there is “probable” to issue formal charges. The federal grand jury process is unique in a number of ways, not the least of which is that you are not entitled to legal counsel while you are testifying in front of the grand jury (although you are entitled to request to speak with your attorney outside of the grand jury’s presence). This makes thorough preparation critical, and the most effective way to prepare is to work with a team of attorneys who have been through hundreds of federal grand jury proceedings.
3. Criminal Trial
If you are indicted, then your case will be set for trial. However, it remains possible to resolve your case prior to trial, and our attorneys have had significant success in this arena. At trial, the prosecution will present its case in chief and then your defense team will present all of the evidence in your favor before the jury renders a verdict of “guilty” or “not guilty” in open court. If you are found guilty, your sentence will be determined in a subsequent trial proceeding, and there are defenses our attorneys can present in order to attempt to reduce your sentence here as well.
What to Do After a Federal Arrest in Nevada: Dos and Don’ts
When you are at risk for federal prosecution, you need to be extremely careful to protect yourself and avoid mistakes that could jeopardize your defense. This means:
DO: Speak with a Federal Defense Attorney Immediately
The most important thing you can do is to speak with a federal defense attorney immediately. You need someone who focuses their practice on federal criminal defense, and ideally you want a team of lawyers who will efficiently work together to protect you to the greatest extent possible.
DON’T: Give a Statement or Answer Any Questions
Whatever you do, do not voluntarily give a statement or answer any questions that you are not legally-required to answer. This will be difficult – federal agents with the DOJ, DEA, FBI, and other agencies are very good at soliciting information from targets of federal investigations – but you need to stand firm in your refusal to provide information that could be used against you.
DO: Protect Your Constitutional Rights
As the target of a federal criminal investigation or a defendant in the federal criminal justice system, you are entitled to all of the protections afforded by the U.S. Constitution. If you were subjected to an unreasonable search or seizure, if you were coerced into giving self-incriminating statements, or if you have been denied your right to legal counsel, you may be entitled to have incriminating evidence excluded from trial.
DON’T: Cooperate with Federal Agents in Any Way
Unless specifically advised otherwise by your attorneys, you should not cooperate with federal agents in any way. You are not required to submit to “interviews” or provide any documents voluntarily; and, if you have been served with a subpoena or other formal request for information, you should discuss your rights and obligations with your legal counsel before you respond.
DO: Start Working on Your Defense Immediately
The longer you wait, the less time you have to build an effective defense. In order to protect yourself to the greatest extent possible, you need to start working on your defense immediately.
DON’T: Ruin Your Chances of Asserting a Successful Defense
While voluntarily talking to federal agents and waiting too long to seek legal representation are perhaps the two biggest mistakes you can make during a federal criminal case, they are by no means the only mistakes that can jeopardize your defense. During your free initial consultation, our federal criminal defense attorneys will walk you through everything you need to know about protecting yourself against the government.
Q&A with the Federal Criminal Defense Lawyers at Oberheiden, P.C.
Q: Am I at risk for going to prison?
Potentially. All serious federal crimes carry the potential for prison time, with many carrying maximum sentences of 5, 10, or 20 years. However, there are many ways to reduce your chances of incarceration during the prosecutorial process, from convincing federal prosecutors to drop your case to asking the judge to deviate from the Federal Sentencing Guidelines. Our attorneys have helped numerous clients avoid prison time in federal cases; and, if you engage our firm to represent you, keeping you out of prison will be our top priority.
Q: If I am under investigation, how long do I have before federal prosecutors press charges?
It depends. If the investigation has just begun, it could be weeks or months before prosecutors believe they have the evidence they need to secure an indictment. On the other hand, if the evidence is out there, or if you have been under investigation for some time, then a grand jury subpoena could be imminent. When you hire our federal criminal defense team, one of our first steps will be to determine the status of your investigation so that we can determine what we need to do to defend you.
Q: What factors should I consider when choosing legal representation?
Your choice of legal counsel could be one of the most-important decisions you make during your federal case. So, what factors should you consider?
- Relevant Experience – How many federal criminal cases has the firm handled?
- Practice Focus – Does the firm focus its practice exclusively on federal defense (as opposed to its attorneys spending the majority of their time in state court)?
- Senior Attorneys – Will you work directly with the firm’s senior attorneys, or will much of the work on your case be handled by junior associates?
- Direct Access – Will you have direct access to your attorneys by phone, text, and email 24/7?
- Free Initial Consultations – Does the firm offer free initial consultations; or, are you forced to pay before you make a decision about your legal representation?
Schedule a Free Initial Consultation at Oberheiden, P.C.
If you need legal representation for a federal criminal matter in Nevada, we encourage you to contact us immediately to discuss your case. To schedule a free initial consultation with a member of our nationally-renowned federal criminal defense team, call 888-519-4897 or inquire online now.