Highly-Experienced Federal Defense Lawyers with Offices in Dallas and Houston, TX
As former prosecutors with the U.S. Department of Justice (DOJ), former U.S. Attorneys, and federal defense lawyers with extensive experience in high-stakes criminal cases, Oberheiden, P.C.’s defense team provides strategic and uncompromising legal representation for clients served with federal grand jury subpoenas. Responding to a federal grand jury subpoena is a task that requires precision and deep knowledge of the federal criminal justice system. Individuals and businesses that fail to protect themselves can face severe consequences (namely, an indictment and criminal prosecution in federal district court), while those that engage experienced defense counsel will often be able to avoid negative repercussions entirely.
About Oberheiden, P.C.’s Federal Grand Jury Defense Lawyers
Our defense lawyers offer centuries of combined legal experience in high-stakes federal matters, and we have collectively handled more than 1,000 federal grand jury proceedings across the United States. Led by founding attorney Dr. Nick Oberheiden, our team is comprised entirely of senior attorneys, many of whom worked for the federal government prior to entering private practice. This includes partner Lynette Byrd, a former Assistant U.S. Attorney who worked closely with the Centers for Medicare and Medicaid Services (CMS), the Office of Inspector General (OIG), the Department of Health and Human Services (HHS), the Federal Bureau of Investigation (FBI), and other law enforcement agencies to prosecute federal cases, as well as:
- The Honorable S. Amanda Marshall, former U.S. Attorney
- Aaron L. Wiley, former Assistant U.S. Attorney
- Hamilton Arendsen, former Assistant U.S. Attorney
- Subodh Chandra, former Assistant U.S. Attorney
- Wendell Odom, former Assistant U.S. Attorney
- R. Brandon Johnson, former Assistant U.S. Attorney
- Richard T. Simmons, Jr., former Criminal Division Chief of the U.S. Attorney’s Office
These former federal prosecutors, along with our firm’s other senior defense attorneys, represent in-state and out-of-state clients facing grand jury proceedings in Texas as well as Texas-based clients subpoenaed to appear before grand juries in other federal jurisdictions across the country. Meet our team of highly-experienced federal defense lawyers.
Texas Defense Counsel for Federal Grand Jury Subpoenas
If you have been served with a federal grand jury subpoena, the clock is ticking. You only have a limited amount of time to prepare, and there is a lot you need to do in this short amount of time. From determining whether you have grounds to challenge the subpoena to preparing your testimony, document production (if you received a grand jury subpoena duces tecum), or both, your work begins now, and you need to work with experienced federal defense counsel to ensure that you do not unduly and unnecessarily expose yourself to federal prosecution.
At Oberheiden, P.C., we provide full-service legal representation for individuals and corporate clients served with federal grand jury subpoenas in Texas and other states. Our services include:
- Challenging Grand Jury Subpoenas – The purpose of a federal grand jury proceeding is to determine whether the U.S. Attorney’s Office has probable cause to pursue federal charges. As such, a grand jury subpoena is an investigative tool, and sometimes federal prosecutors will overreach (often unknowingly) in the course of their investigations. If a grand jury subpoena is overly broad, if it requests information that is irrelevant or privileged, if it requests information from an individual who has nothing to do with the government’s case, or if it otherwise seeks to compel disclosure of information in violation of the recipient’s constitutional rights, these are all potential grounds to challenge the subpoena through a Motion to Quash filed in federal district court.
- Preparing Grand Jury Testimony – When a grand jury subpoena requests oral testimony and it cannot be quashed in its entirety, then the recipient of the subpoena must work diligently to prepare his or her testimony. Relying on experience on both sides of federal grand jury proceedings, our attorneys can anticipate the questions you will be asked and help you prepare responses that will satisfy your legal obligations without exposing you to an indictment. During grand jury proceedings, you are not entitled to legal representation in the courtroom (although you are entitled to request to speak with your attorney out of the grand jurors’ presence), so it is imperative that you are confident in your responses and you know when and how to request to speak with your attorney.
- Preparing and Reviewing Document Productions – If you received a grand jury subpoena duces tecum, this means that you are being asked to produce documents either in lieu of or in addition to providing oral testimony. When preparing to submit documents in response to a grand jury subpoena duces tecum, there are several potentially-costly mistakes you need to avoid. These include producing self-incriminating records that have not been requested (or that you are constitutionally entitled to withhold under the “act-of-production” privilege), producing documents that are protected by the attorney-client privilege, and failing to produce responsive documents such that you may be exposed to charges for contempt.
- Negotiating with Federal Prosecutors – In addition to formally challenging a grand jury subpoena through a Motion to Quash, an effective strategy for avoiding an indictment (and potentially even the obligation to testify or produce documents) will often be to negotiate with the federal prosecutors handling the case. We have extensive experience negotiating with federal prosecutors out of court, and engaging in these negotiations is a significant component of our federal criminal defense strategy in most cases. By convincing prosecutors that they do not have a case (or that the burdens of potentially establishing a case exceed the value of the government resources that will be required), we have helped numerous clients avoid civil and criminal penalties entirely.
- Courthouse Representation – During federal grand jury proceedings, you are not entitled to legal counsel in front of the grand jury. However, your attorney can be present in the courthouse, and you can request to speak with your attorney when necessary. In addition to preparing you to testify, we will also coach you on how and when to request to speak with us during your testimony, and we will be present to advise you as necessary during the proceedings.
- Post-Indictment Representation – If it is not possible to avoid an indictment, then our defense team will also represent you in the subsequent federal district court proceedings. All of our lawyers have extensive trial experience, and we have handled thousands of cases in the U.S. District Courts for the Eastern, Western, Northern, and Southern Districts of Texas and other federal districts around the country. While it may ultimately be necessary to take your case to trial, we provide aggressive representation during the pre-trial process and have had significant success negotiating favorable plea deals and having cases dismissed post-indictment.
Served with a Federal Grand Jury Subpoena in Texas? Here are Your Next Steps
If you have been served with a federal grand jury subpoena, either individually or in your capacity as a custodian of records for a corporate organization, here are some of the key steps that you need to undertake as soon as possible:
1. Determine Why You Have Been Subpoenaed
Determining why you have been subpoenaed is not as easy as it sounds. Federal grand jury subpoenas are often extremely limited in the factual information they disclose, leaving it up to the recipient to determine the nature of the investigation – and even whether the recipient is a target of the investigation or is currently being treated as a potential witness. Our attorneys can analyze your grand jury subpoena and the surrounding circumstances to determine why you are being asked to appear before a grand jury or provide documents in relation to a federal investigation.
2. Preserve All Potentially-Relevant Documents and Electronic Files
Once you have received a federal grand jury subpoena, you have a legal obligation to preserve all potentially-relevant documents and electronic files. This includes (but is not limited to) preventing any automated or regularly-scheduled deletion or destruction. Our attorneys can help you understand what you have an obligation to preserve, and we can take you through the process of ensuring adequate preservation.
3. Limit Communications Regarding the Investigation
You may not be the only person who has received a subpoena, and any information you voluntarily disclose to anyone other than your legal counsel could potentially be used as evidence against you. To avoid having this happen, it is important to limit your communications (and your employees’ communications, if applicable) regarding the government’s investigation. Our attorneys can help you assemble a response team and establish appropriate protocols and mechanisms for preventing unnecessary – and potentially harmful – disclosures.
4. Engage Experienced Federal Defense Counsel
Ultimately, in order to mitigate your risk of indictment and federal criminal prosecution, the most important step you can take is to engage experienced federal defense counsel as soon as possible. Our attorneys are available to provide advice and assistance 24/7, and we can take emergency action if necessary in order to protect you.
Schedule a Free Initial Consultation at Oberheiden, P.C.
Have you been served with a grand jury subpoena in Texas? Are you a Texas resident or business owner facing a grand jury subpoena in another state? If so, our highly-experienced federal defense attorneys can protect you. To speak with one of our attorneys about your grand jury subpoena in confidence, call 888-519-4897 or request a free initial consultation online now.