Cincinnati Federal Criminal Defense Lawyer
Knowledgeable Former U.S. Department of Justice Prosecutors With Decades of Experience Representing Clients in Cincinnati, Ohio
If you are being targeted in a federal investigation, executing a defense strategy focused on avoiding prosecution needs to immediately become your top priority. Federal offenses carry severe penalties; and even if you are convinced that you are innocent, convincing a team of federal investigators and prosecutors of your innocence is another matter entirely. What do you need to do? Who do you need to call? What should (and shouldn’t) you say to the investigators and prosecutors handling your case? What is your present or eventual exposure? What are the risks if you do nothing? These are all common questions that you need to have answered by an experienced federal criminal defense attorney.
Experienced Representation for Federal Cases in Cincinnati, OH
The federal criminal defense team at Oberheiden, P.C. brings decades of experience to representing individuals and corporate clients in federal cases in Cincinnati, Ohio. We have represented clients in investigations and prosecutions involving virtually all federal criminal statutes, and we have particular experience in cases involving:
- 18 U.S.C. 1341 – Mail fraud
- 18 U.S.C. 1343 – Wire fraud
- 18 U.S.C. 1347 – Healthcare fraud, including Medicare fraud and Medicaid fraud
- 21 U.S.C. 841 – Distribution and possession with intent to distribute
- 21 U.S.C. 846 – Conspiracy to distribute
- 18 U.S.C. 924 – Possession of a firearm in furtherance of a drug trafficking offense
- The Anti-Kickback Statute
- The Controlled Substances Act
- The False Claims Act
- The Hobbs Act
- The Racketeer Influenced Corrupt Organizations Act (RICO)
- Other federal statutes outlawing public corruption, bribery, tax fraud, tax evasion, securities fraud, insider trading, Ponzi scheme fraud, mortgage fraud, and other criminal offenses
Additionally, as federal defense attorneys and former prosecutors, we have handled cases involving all major federal law enforcement agencies. This includes, but is not limited to:
- Department of Defense (DOD)
- Department of Health and Human Services (HHS)
- Department of Homeland Security (DHS)
- Department of Justice (DOJ)
- Drug Enforcement Administration (DEA)
- Federal Bureau of Investigation (FBI)
- Internal Revenue Service (IRS)
- U.S. Attorney’s Office (USAO)
- Various Offices of Inspector General (OIG)
Senior Attorneys Who Have Handled Thousands of Federal Cases
When you choose Oberheiden, P.C. for your federal case, you will be represented by a team of senior federal criminal defense attorneys who have collectively handled thousands of investigations, grand jury proceedings, and criminal trials. The leaders of our federal criminal defense team all have at least a decade of legal experience, if not several decades, and our team approach means that each client receives the best our firm has to offer.
10 Key Facts about Federal Criminal Cases in Cincinnati, OH
1. Being Investigated Does Not Mean that You Will Be Charged.
If you are under federal investigation, this means that agents and prosecutors are looking for evidence to charge you with a federal crime. Facing an investigation does not mean you will face charges; and even if charges are unavoidable, it may be possible to have your case kept civil in order to keep prison time off of the table. That’s why it’s important to hire a Cincinnati federal criminal defense lawyer today.
2. If You Do Nothing, the Government Will Be Free to Build its Case Against You.
However, if you do nothing, your situation may actually go from bad to worse. Federal investigations generally do not go away on their own. In order to give yourself the best chance of avoiding charges, you need to take a proactive approach that starts with hiring an experienced defense team to intervene in the investigation.
3. It is Not Always Easy to Find Out What the Government Thinks You Did Wrong.
When you find out that you are under investigation, you are still not likely to know why the government is targeting you for possible prosecution. Prosecutors often like to keep this information close to their vests, as doing so provides enhanced leverage during the investigative process. When we intervene in your investigation, we can quickly uncover the theory of the government’s case so that we can address it with a defense strategy.
4. It is Possible to Obtain Bond in Federal Criminal Cases.
Although it is not easy, it is possible to obtain bond in federal criminal cases. Bond in federal cases is very different from bond in state cases, and you need attorneys who are intimately familiar with the unique rules, precedent, and procedures involved. At Oberheiden, P.C., we have close to a 100% success rate obtaining bond in federal court.
5. It is Possible to Avoid Prosecution Even if You Have Been Indicted.
Being indicted means that the government has probable cause to pursue charges against you. This means negotiating a plea deal or going to trial and this means that our goal would be to getting our client’s charges dismissed prior to trial.
6. You Potentially Have Numerous Different Defenses Available.
In a typical federal criminal case, there will be numerous different defenses that our federal criminal defense attorneys can use to protect our client from punishment. Here are just a few.
- Constitutional protections (e.g., the Fourth Amendment’s prohibition on unreasonable searches and seizures)
- factual arguments (e.g., lack of evidence of intent to commit a federal crime)
- statutory safe harbors and exceptions that provide insulation from criminal responsibility (e.g., safe harbors under the Anti-Kickback Statute).
7. The Penalties for Federal Crimes Are Usually Severe.
Most federal criminal statutes include provisions for severe penalties, including substantial fines and long-term imprisonment. If you are facing multiple counts or multiple charges, you could easily be facing significant financial liability and incarceration. The risks of being targeted in a federal investigation are real, and you cannot afford to put them out of mind.
8. Your Choice of Legal Representation Matters.
When you are going up against a team of seasoned agents and prosecutors from the DOJ and other federal agencies, your choice of legal representation matters. You need an experienced defense team – not a single attorney, and not a team consisting primarily of junior associates.
9. You Are Entitled to Legal Representation at (Almost) All Stages of Your Federal Case.
With only very narrow exceptions (e.g., in the courtroom during grand jury testimony), you are entitled to legal representation at all stages of your federal case. When even a single slip-up can have devastating consequences, it is critical that you are relying on the advice and representation of counsel at all times.
10. The Government Must Prove Your Guilt Beyond a Reasonable Doubt.
Finally, do not forget that it is the government’s burden to prove your guilt beyond a reasonable doubt. If you can poke even one hole in one element of the government’s case, you should not deserve to be convicted of the crime alleged. At Oberheiden, P.C., we take a comprehensive approach that seeks to poke as many holes as possible, and our goal is to make it clear that the government will fail at obtaining a guilty verdict at trial.
Cincinnati, Ohio Criminal Defense FAQs
What is a target letter?
Federal prosecutors classify anyone tangentially involved in their investigation into one of three categories: witnesses, subjects and targets. A witness is a person who has information pertinent to an investigation. A subject is a person whom prosecutors believe may have been involved in a crime, but more evidence is needed to determine whether charges are appropriate. If federal prosecutors have enough evidence to believe you committed a crime, they will label you as a target. Once you are identified as a target, it is very likely that prosecutors will pursue federal charges against you. The target letter serves as notice that you have been labeled as a target. Thus, if you received a target letter, it is crucial you reach out to a respected Ohio federal criminal defense attorney to determine the best course of action.
What is a grand jury?
The United States Constitution requires that federal prosecutors impanel a grand jury before bringing formal criminal charges against a person. A grand jury is a group of citizens, ranging between 16 and 23, who listen to the prosecutor’s case. If the grand jury finds there is probable cause to believe that you committed the crimes outlined by the prosecutor, it will issue a true bill. This then allows prosecutors to pursue an indictment. If you received a grand jury subpoena, target letter, or notice of a formal indictment, do not delay in contacting a Cincinnati, Ohio federal criminal defense attorney.
Should I try to negotiate a plea agreement or take the case to trial?
Until you discuss your case with an experienced Cincinnati, OH federal criminal defense attorney it is too early to determine the best way to handle your case. In some situations, pursuing a plea agreement makes sense; however, this should never be your first option. You are better served to seek out a knowledgeable Cincinnati federal criminal defense attorney to conduct an investigation into the allegations. This may uncover previously unknown weaknesses in the government’s case, which may increase your negotiating power or result to the withdrawal of charges.
Contact our Trusted Criminal Defense Attorneys about Your Federal Case in Cincinnati
If you need legal representation for a federal criminal case in Cincinnati, we encourage you to contact us promptly for a free and confidential case assessment. You can reach us by phone or online 24/7, and our attorneys are available to schedule appointments seven days a week.