San Diego Criminal Defense
Proven San Diego Criminal Defense Lawyers
Defending against federal charges requires knowledge, skill, and an unwavering commitment to success. At Oberheiden, P.C., we have a robust record of favorable outcomes in federal criminal cases. Call our San Diego criminal defense lawyers at (888) 519-4897 now for a free and confidential consultation.
If you are under federal investigation or facing criminal charges in San Diego, you need to understand what you are up against. Federal prosecutors devote their careers to securing convictions, and many have spent decades working for the U.S. Department of Justice (DOJ). If they believe you are guilty of a crime (or multiple crimes), they will prosecute you to the fullest extent of the law and they will do so without regard for the consequences for you, your business or practice, or your family.
As a result, in order to protect yourself, you need to execute a strategic and comprehensive defense. You need to approach your case with the same level of focus and devotion as the prosecutors who are working to put you in prison, and you need to do so with legal knowledge that matches (or, ideally, exceeds) that which the prosecutors are relying on to convict you. At this point, you simply have no other choice. You can take your case seriously, or you can wait to see how long your prison sentence will be after trial.
At Oberheiden, P.C., our highly skilled San Diego criminal defense lawyers turn the tables in our clients’ favor. With a defense team comprised entirely of senior attorneys (including several former DOJ prosecutors) we offer centuries of legal experience on both sides of federal cases. We know how and why prosecutors pursue charges, and we also know what it takes to overcome serious criminal allegations.
Are you being targeted by the U.S. Attorney’s Office in San Diego, CA? If so, we urge you to contact us, right away. We can help you. And once you call us at (888) 519-4897, our San Diego criminal defense lawyers can begin working on your case immediately.
Criminal Defense Representation for All Stages of Federal Litigation in San Diego, CA
Our criminal defense practice involves representing clients facing allegations of white-collar and drug-related offenses at all stages of the criminal justice process – from investigation through appeal. We have effectively defended licensed professionals, business owners and executives, public figures, and other clients in more than 1,000 federal investigations and 500 criminal trials.
Most of our clients contact us during the investigative process. We handle investigations conducted by the Department of Justice (DOJ), Drug Enforcement Administration (DEA), Federal Bureau of Investigation (FBI), Internal Revenue Service (IRS), Office of Inspector General (OIG), and all other federal agencies and task forces. Our defense strategy at this stage focuses on prompt and aggressive intervention. The more we can learn and the sooner we can learn it, the more opportunities we will have to resolve your case without charges being filed.
Federal investigations can either be civil or criminal. If you are being targeted for offenses that are not criminal in nature, we want to keep it that way. But, if the federal prosecutors handling your investigation are intent on pursuing criminal charges, we will need to structure your defense strategy accordingly.
2. Grand Jury
If federal prosecutors reach the point where they believe they have enough evidence to pursue charges, they will take your case to a federal grand jury. Unlike a petit jury in a criminal trial, a grand jury’s role is not to determine guilt. Instead, the grand jury is tasked with deciding whether the prosecutors have demonstrated “probable cause” for charges to be filed.
Before you are indicted, you will be served with a grand jury subpoena. While there are ways to challenge grand jury subpoenas (at least in part), you will most likely need to prepare to give testimony – and these preparations need to begin as soon as possible. Our San Diego criminal defense lawyers can determine your best course of action and make sure that you are fully prepared to testify in court.
If the grand jury issues an indictment, your case will be set for trial. But, there are still several steps – and opportunities to secure a favorable resolution – before your court date arrives. During the pretrial litigation process, our attorneys will:
- Serve discovery requests to gain as much information as possible about the prosecution’s case against you;
- Challenge the prosecution’s investigative tactics;
- File motions to have inadmissible evidence suppressed from your trial;
- Seek to have as many of your charges as possible (if not all of them) dismissed prior to trial; and
- Negotiate with the U.S. Attorney’s Office to secure a plea deal that protects you from a conviction and imprisonment.
When your court date arrives and one or more charges are still on the table, it is time to go to trial. In federal criminal trials, the prosecution presents its case first. You then have the opportunity to cross-examine the government’s witnesses and assert various other challenges during the prosecution’s case in chief. Once the prosecution rests, you can file a motion seeking an acquittal based on the U.S. Attorney’s Office’s failure to meet its burden of proof as a matter of law. If this motion is denied, then it is your turn to present your defense.
Our San Diego criminal defense lawyers take a strategic and comprehensive approach to defending clients in federal trials. We prepare meticulously, and we work as a team to take full advantage of our attorneys’ respective strengths. Our first priority is always to secure an acquittal. But if the jury renders a “guilty” verdict, we then shift to fighting to minimize our client’s sentence to the greatest extent possible.
The appellate attorneys on our defense team represent clients before the United States Court of Appeals for the Ninth Circuit in seeking to have their convictions and sentences overturned. When we represent clients at trial, we make sure to preserve all potential grounds for appeal. When we represent clients who had different trial counsel, we work quickly to determine whether there are grounds available to pursue appellate litigation.
Learn More about Your Case
While we expect our clients to rely on our attorneys’ deep knowledge and insights gained from centuries of combined legal experience, we also know that it can be helpful to have a basic understanding of your situation. If you are facing a federal investigation or awaiting trial in the United States District Court for the Southern District of California, we encourage you to read:
- What Are Conditions for Pretrial Release? – If you are detained pending trial, there are certain specific strategies for seeking pretrial release. Our attorneys can help you seek to regain your freedom.
- Federal Grand Jury Subpoena Defense – Grand jury subpoenas need to be handled with extreme care. Learn what you need to know about responding to your federal grand jury subpoena.
- What Are My Options after Being Federally Indicted? – If you have been indicted, what do you need to do next? Find out from nationally-recognized federal defense attorney, Dr. Nick Oberheiden.
- What Is the Burden of Proof in Federal Criminal Cases? – In federal criminal cases, the U.S. Attorney’s Office must prove your guilt “beyond a reasonable doubt.” Find out what this means and how the jury will determine your guilt if your case goes to verdict.
- How to Prepare for a Criminal Trial – In federal criminal litigation, everything you say and do can potentially impact the outcome of your case. Here are some tips to follow as well as some critical mistakes to avoid.
- How Can I Prepare for My Sentencing Hearing? – Not only is your sentence determined separately from your guilt or innocence, but it is also determined in a separate legal proceeding. Learn what you can do to mitigate your risk of substantial fines and long-term imprisonment while you await your sentencing hearing.
Q&A with the Federal Criminal Defense Team at Oberheiden, P.C.
Q: If I am under investigation, what are my chances of avoiding a conviction? What if I get indicted?
Being targeted in an investigation does not mean you will be indicted, and being indicted does not mean that you will be convicted at trial. Once our San Diego criminal defense lawyers learn the specific details of your case, we can provide a personalized assessment of your potential exposure and the strength of the defenses you have available.
Q: If I am guilty, is it worth it to hire a criminal defense attorney?
Never assume you are guilty. Never. The federal criminal code is extraordinarily dense and complicated, and there are complexities to the federal criminal justice system that few defense attorneys (and prosecutors) understand. If you think you committed a crime, you may be wrong. Even if you did commit a crime, you could still have defenses available.
Q: Does your firm handle cases in the United States District Court for the Southern District of California?
Yes. We have an office in San Diego, and we represent clients in the United States District Court for the Southern District of California as well as all other state and federal appellate courts statewide.
Contact Our San Diego Criminal Defense Attorneys to Discuss Your Case in Confidence
To learn more about what we can do to defend you, contact our San Diego criminal defense attorneys immediately to schedule your free and confidential case assessment. Call us 24/7 at (888) 519-4897, or tell us how to reach you and we will be in touch as soon as possible.