Syracuse Federal Criminal Defense Attorney

When someone is accused of a crime, one of the first thoughts that comes to mind is hiring a skilled criminal defense attorney. But most criminal prosecutions happen at the state, not the federal, level. Even if a criminal lawyer has extensive experience with state criminal matters, that by no means qualifies the lawyer to handle federal criminal charges in federal court. That’s where our federal criminal defense law firm steps in.

Understanding the differences between federal and state criminal cases and state and federal courts, and the rules that govern federal prosecutions and federal criminal law is a first step, but by no means the only one. If you’ve been accused of a federal crime you will also need a Syracuse, New York criminal defense lawyer who understands what it takes to put forth a compelling defense and to negotiate, where necessary, a fair and acceptable plea bargain. The Syracuse criminal defense lawyers at Oberheiden, P.C. are here to defend your best interests.

Federal Versus State Crimes

In a broad sense, federal crimes generally affect far more individuals because they transcend state and sometimes international borders. Federal crimes can impact the safety, lives, and well-being of thousands or even millions of people. They also, in some cases, touch on matters of national import like national security and immigration.

There are other, more specific differences between federal and state charges, including the rules that govern litigation and plea bargains. An attorney representing a defendant in a criminal case should be familiar with:

• The Federal Rules of Criminal Procedure: State crimes are subject to state rules of criminal procedure. Although they mirror the federal rules in some respects, you need an attorney who knows the distinctions and how they may apply to your case.
• Federal Rules of Evidence: Every court case in the United States is subject to rules of evidence that determine what judges can admit and what they should exclude. As with the Federal Rules of Criminal Procedure, the Federal Rules of Evidence are often similar (but not identical) to state rules.
• Constitutional issues: Federal criminal defense necessarily invokes certain constitutional protections. The statutes themselves are also subject to constitutional considerations which may impact your attorney’s legal strategy.
• Federal appellate court decisions: Federal courts of appeals, including the United States Supreme Court, are tasked with providing opinions that clarify the rights of criminal defendants. These decisions also interpret federal criminal statutes.
• Federal plea bargains and sentencing: Although plea bargains are possible for federal crimes, they are relatively rare and involve different considerations compared to state plea bargains. As for criminal sentencing, your attorney should have a working knowledge of the Federal Sentencing Guidelines.

What Kinds of Criminal Cases Do We Handle?

We have successfully defended countless defendants in federal criminal matters, applying our legal skills and knowledge to advocate for our clients. The types of federal criminal defense cases we provide legal representation include, but are not limited to:

• Grand Jury Subpoenas: Where possible, your lawyer will work to quash (declare invalid or void) the grand jury subpoena. This usually means arguing to the court that the subpoena does not comply with the complex rules and procedures surrounding subpoenas.
• Whistleblower Cases: The federal government relies on private citizens to act as whistleblowers in exposing fraud and other crimes. Our whistleblower practice has given us the understanding it takes to defend clients accused of wrongdoing.
• HHS, DEA, IRS, OIG, FBI Cases: These and other agencies and departments may initiate proceedings alleging any number of crimes against you. Your lawyer should have a strong grasp of these types of cases and how to present a strong defense.
• OIG Subpoenas: The Office of Inspector General (OIG) initiates subpoenas on behalf of the U.S. Department of Health and Human Services (HHS). We work to negotiate the best possible outcome in handling these subpoenas and in a manner that protects your rights and reputation.
• Search Warrant Defense: There are various ways to handle a search warrant, including by challenging it on legal grounds and moving to exclude any evidence obtained from an illegal warrant. If you are served with a search warrant, do not consent or communicate with law enforcement but consult an attorney.

Put our highly experienced team on your side

Dr. Nick Oberheiden

Founder

Attorney-at-Law

Lynette S. Byrd

Former DOJ Trial Attorney

Partner

Brian J. Kuester

Former U.S. Attorney

Hon. Kevin McCarthy

55th Speaker, U.S. House of Representatives (ret.)

Government Consultant

Mike Pompeo

Of Counsel

Former U.S. Secretary of State

John W. Sellers

Former Senior DOJ Trial Attorney

Linda Julin McNamara

Federal Appeals Attorney

Nicholas B. Johnson

Former Prosecutor

Roger Bach

Former Special Agent (DOJ)

Chris J. Quick

Former Special Agent (FBI & IRS-CI)

Michael S. Koslow

Former Supervisory Special Agent (DOD-OIG)

Ray Yuen

Former Supervisory Special Agent (FBI)

What To Do If Federal Officials Contact You

If you receive any sort of correspondence from federal law enforcement agents, attorneys, or other officials, retain legal counsel immediately and refer all further communications to your attorney. In most cases, agents from the FBI or another agency will announce any intent to visit or speak with you (especially in white collar criminal cases). This is no guarantee, however, and we will address how to handle such matters below.

You are likely to be informed by the federal government that you are under investigation, including by having a subpoena served upon you. Agents may also reach out and ask to interview you voluntarily. Although these agents may come across as simply wanting to talk, bear in mind that they are trying to gain information about you for potential prosecution. For these reasons you should never speak with the government on your own but hire an attorney to do so on your behalf.

What If the Government Shows Up At My Home or Business?

If agents come to your home or business unannounced, you are required to accurately inform them of your name. Insist that your Syracuse federal criminal defense lawyer be present for any searches, do not give your consent to any searches, and obtain the identifications of all officials who show up. Beyond this, do not speak with agents.

Many individuals are tempted to speak with federal prosecutors because they feel as though they have nothing to hide. But anything you tell the government may be used against you, and investigators will try to find anything they can. Again, ask to have your Syracuse federal criminal defense attorney present and call your attorney regardless.

Contact Our Syracuse Federal Criminal Defense Attorney

Nobody wants to have to deal with a federal criminal investigation, but the reality is that you will need legal counsel to protect yourself. Let our Syracuse, NY federal criminal defense lawyers represent you and defend your rights each step of the way. Call Oberheiden, P.C. today, or reach out using our online contact form.

Additional Pages for Syracuse, New York

• Syracuse white collar crime