San Jose Criminal Trial/Litigation
Proven San Jose Criminal Trial/Litigation Attorneys
If you have received a target letter, been arrested, or been served with a grand jury subpoena, defending your future starts now. Our San Jose Criminal trial/litigation attorneys on the federal litigation team at Oberheiden, P.C., brings centuries of combined experience to representing clients in high-stakes federal matters.
Arrest. Indictment. Trial. Conviction. For federal prosecutors with the United States Attorney’s Office, this is the ideal sequence of events. The Assistant United States Attorneys who prosecute criminal cases are committed to putting guilty people in prison, and they use the full weight of the federal government’s resources to their advantage.
If you are being targeted in a federal investigation, if you have been arrested by federal agents, or if you were just served with a grand jury subpoena, the outcome of your case will impact the rest of your life. Most federal crimes carry lengthy prison sentences and substantial fines, and having a federal conviction on your record will mean that nothing will ever be the same. Whether you are a practicing professional, you own or run a business, or you hold a public office, you need to strategically defend yourself in order to have any chance at getting back to business as usual.
At Oberheiden, P.C., we focus our practice on federal litigation. Our San Jose Criminal trial/litigation attorneys have extensive experience in federal investigations and criminal trials nationwide, and we have helped many clients avoid conviction and sentencing when all hope appeared to be lost. Our goal in every case is to avoid a conviction, and we fight strategically, aggressively, and relentlessly to protect our clients’ livelihoods and reputations.
Skilled San Jose Criminal Trial/Litigation Attorneys for Criminal Trials
In any particular case, determining the best defense strategy requires a critical assessment of the facts and criminal statutes involved. It also requires an understanding of the unique aspects of the current stage of the litigation, as defending against accusations during a pre-indictment investigation and defending against criminal charges in federal district court are two very different propositions. With centuries of combined experience on both sides of federal criminal matters, our career defense attorneys and former federal prosecutors have the knowledge, skill, and insights necessary to strategically defend clients at all stages of the litigation process.
7 Stages of Federal Criminal Litigation
1. Federal Agency Investigation
For clients who are presently under investigation, we pursue an aggressive intervention and defense strategy designed to terminate the government’s investigation without charges being filed. We have represented licensed professionals, business owners and executives, politicians, and other clients in investigations involving the Drug Enforcement Administration (DEA), Federal Bureau of Investigation (FBI), Internal Revenue Service (IRS), Office of Inspector General (OIG), various Department of Justice (DOJ) task forces, and other federal authorities.
2. Grand Jury Proceedings
For clients who have been subpoenaed to appear before a grand jury in the United States District Court for the Northern District of California, our San Jose Criminal trial/litigation attorneys take a multi-step approach which includes:
- Determining what grounds are available to challenge the subpoena
- Negotiating with the U.S. Attorney’s Office to limit the scope of the subpoena
- Filing appropriate challenges in court
- Assisting in the preparation of document production and preserving the attorney-client privilege
- Preparing to provide grand jury testimony
- Providing representation outside of the presence of the grand jury during testimony (federal law prohibits representation in front of the grand jury)
Following the grand jury, we will determine whether there are any grounds to challenge the process or outcome of the proceeding, and we will continue to explore all opportunities to avoid charges until our client is formally indicted.
3. Negotiations with the U.S. Attorney’s Office
Once charges have been filed, we shift our focus toward obtaining a favorable pretrial resolution. This could mean negotiating a plea deal, but it could also mean negotiating to have our client’s charges dismissed entirely. We leverage information obtained from our own independent investigation to secure a position of strength in negotiations, and we continually explore new opportunities to secure a favorable deal.
4. Pretrial Litigation Practice
Concurrently with our negotiations with the U.S. Attorney’s Office, we also engage in aggressive pretrial litigation practice. By seeking to exclude probative evidence and reduce the number of charges against our clients, we can gain additional leverage for plea deal negotiations. These steps also help ensure that our client’s potential exposure will be no greater than necessary if the case ultimately goes to trial.
5. Defense at Trial
Our attorneys have represented clients in more than 500 criminal trials. If going to trial is the best (or only) way to protect our client, we will be fully prepared to present a comprehensive, cohesive, and strategic defense. From asserting challenges during the prosecution’s case in chief to presenting exculpatory evidence through defense witnesses, we utilize every possible litigation tool and strategy to work toward a “not guilty” verdict at the end of trial.
6. Sentencing Defense
When a conviction is unavoidable after the trial on the merits, we turn our attention to sentencing. Being convicted does not mean that you will necessarily face the harshest possible sentence. At this stage, it is up to us to use our skill and experience to protect you to the greatest extent possible.
7. Federal Appellate Litigation
In addition to representing clients in pretrial and trial litigation, we also have a substantial appellate practice devoted to representing clients in the United States Courts of Appeal and the United States Supreme Court. Our trusted San Jose Criminal trial/litigation attorneys represent existing clients as well as clients who had different trial counsel, and we pursue all potential grounds for securing a reversal at the appellate level.
Experienced Litigation Counsel for White-Collar Federal Charges
Our San Jose Criminal trial/litigation attorneys represent clients accused of serious white-collar offenses. We handle cases in San Jose, throughout California, and nationwide involving allegations of crimes including:
- Health care fraud (including Medicare, Medicaid, Tricare, Department of Labor (DOL), and private insurance fraud)
- Federal drug crimes (including health care and non-health care offenses)
- Tax crimes
- Bank fraud, mortgage fraud, and insurance fraud
- Mail fraud and wire fraud
- Money laundering
- Securities fraud
- Public corruption and bribery
- Conspiracy and attempt
- Other white-collar federal offenses
When you engage our firm to represent you, the attorneys on our federal litigation team will work closely with you develop a defense strategy that is tailored to the unique facts and circumstances of your individual case. From the facts underlying the allegations against you to the circumstances surrounding your arrest or indictment, we will seek to uncover all of the relevant details that will allow us to present the strongest possible defense on your behalf.
4 Defense Strategies in Federal Criminal Litigation
While each case requires a custom-tailored defense, there are certain general strategies that apply universally in federal criminal litigation. These strategies include:
- Disputing the Admissibility of the Government’s Evidence – While it is true that everything you say can be used against you, there are also limits on the government’s ability to present damaging evidence in court. From constitutional violations (e.g., unlawful searches and interrogations) to evidence that is harmful but not actually relevant to the charges against you, we can utilize a variety of different arguments to seek to have incriminating evidence deemed inadmissible in your case.
- Asserting Your Constitutional Rights – Along with unlawful searches and seizures, other constitutional violations can provide defenses to criminal prosecution as well. For example, if you have been denied the right to counsel at any stage of your case or if you have been deprived of your constitutional right to a speedy trial, we may be able to use these violations to protect you even if you might otherwise be guilty of the crime (or crimes) alleged.
- Asserting Affirmative Defenses – Affirmative defenses provide another way to avoid conviction even if the allegations against you are true. At the federal level, affirmative defenses exist under statute and common law. In many cases, they are specific to a specific type of crime (e.g., “safe harbor” protections for violations of the Anti-Kickback Statute).
- Showing That the Government Has Failed to Meet Its Burden – In federal criminal litigation, the government has the burden to prove your guilt beyond a reasonable doubt. As a result, you do not need to prove your innocence in order to avoid a conviction. Even a single deficiency or oversight in the prosecution’s case can be enough to prevent a conviction as long as you know how to expose and leverage the deficiency or oversight effectively.
Learn more about Oberheiden, P.C.’s federal litigation team and how our San Jose Criminal trial/litigation lawyers defend our clients in high-stakes criminal matters:
Schedule a Free Initial Consultation at Oberheiden, P.C.
If you need a federal defense lawyer in San Jose, CA, we strongly encourage you to contact us immediately to discuss your case. Our San Jose Criminal trial/litigation lawyers are available 24/7, and once we conduct your initial consultation over the phone we will arrange to meet with you in person in San Jose as soon as possible. To put Oberheiden, P.C.’s federal litigation team on your side, call (214) 692-2171 or tell us how to reach you online now.