El Paso Federal Criminal Defense
Former DOJ Attorneys Offer Skilled Federal Criminal Defense to Clients in El Paso, Texas
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Oberheiden, P.C. is a Texas federal criminal defense law firm with offices throughout the State of Texas. Featured by media stations in El Paso, throughout Texas, and across the United States, clients choose Oberheiden, P.C. because of our track record of avoiding and fighting federal crimes and criminal charges. Among our attorneys are:
- Former Department of Justice Officials
- Former Federal Prosecutors
- Federal Criminal Trial Lawyers
If you need help with your federal case, you can call any day of the week. Former prosecutors will provide you insights into the federal criminal justice system and discuss your situation with you—in a free and confidential consultation. After all, who can tell you more about a federal case than those lawyers that were previously in charge of federal cases at the Department of Justice?
Are You Accused of a Federal Conspiracy?
Were you told that you, your business, or someone you had contact with is under federal investigation? Do you live in El Paso and did you encounter federal agents trying to talk to you or an affiliate? Do you have reason to believe that the government is after you? Were you recently arrested in El Paso or received a target letter or grand jury notice from the U.S. Attorney’s Office in El Paso (located at 700 E. San Antonio Ave.)? Do you want to find out what’s going on? Is it time to get an attorney?
If you find yourself on the government’s target list, time is of the essence. The more time you allow the government to investigate you and possibly perceive you as a criminal, the less time you have to intervene and stop the investigation. When your freedom and your reputation are jeopardized, you need to get the right lawyers on your side that have the ability and the experience to defend you against the federal government. For Oberheiden, P.C. there is no such thing as a hopeless situation. Call Nick Oberheiden today and get his free advice
Importantly, we do not use junior lawyers. No one fresh out of law school will handle your case. Because we do nothing but federal cases and because we understand the complexity of federal investigations, all our clients are represented by an experienced criminal defense attorney and a team of seasoned lawyers with a substantial and proven federal track record.
Put our highly experienced team on your side
Dr. Nick Oberheiden
Founder
Attorney-at-Law
Lynette S. Byrd
Former Department of Justice
Brian J. Kuester
Former U.S. Attorney
Former DA
John W. Sellers
Former Senior Trial Attorney
U.S. Department of Justice
Local Counsel
Joanne Fine DeLena
Former Assistant U.S. Attorney
Local Counsel
Joe Brown
Former U.S. Attorney & Former District Attorney
Local Trial & Defense Counsel
Amanda Marshall
Former U.S. Attorney
Local Counsel
Aaron L. Wiley
Former Federal Prosecutor
Local Counsel
Roger Bach
Former Special Agent (OIG)
Michael Koslow
Former Supervisory Special Agent (FBI)
Chris Quick
Former Special Agent (FBI & IRS-CI)
Ray Yuen
Former Supervisory Special Agent (FBI)
Federal v. State Criminal Defense Lawyer
If you have chest pain, you will not call a knee specialist. Similarly, if you are involved in a federal case, you should be hesitant to hire a lawyer that specializes in DUI, assault cases, or other classic state and federal criminal offenses. Oberheiden, P.C. is a federal criminal defense law firm that consists of former federal prosecutors and former Department of Justice trial attorneys. Our team of lawyers offers El Paso clients specific backgrounds, distinct careers, and countless success stories in the federal criminal justice system. We routinely appear before the following federal and state law enforcement agencies and advocate on behalf of our clients.
- Federal Bureau of Investigation (FBI)
- Drug Enforcement Administration (DEA)
- Internal Revenue Service (IRS)
- Department of Homeland Security (DHS)
- Department of Health and Human Services (HHS)
- Department of Defense (DOD)
- Department of Justice (DOJ)
- Office of Inspector General (OIG)
- Centers for Medicare and Medicaid (CMS)
- Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF)
- And many more.
Common Federal Offenses Prosecuted in El Paso
Healthcare Fraud
- 18 U.S.C. 1349 Conspiracy to Commit Healthcare Fraud
- 18 U.S.C. 1347 Healthcare Fraud
- 18 U.S.C. 1035 False Statements Relating to Healthcare Matters
- 42 U.S.C. 1320a-7b(b)(2) Payment of Illegal Remuneration
- 42 U.S.C. 1320a-7b(b)(1) Receipt of Illegal Remuneration
- 21 U.S.C. 841 Distribution and Possession with Intent to Distribute
- 21 U.S.C. 846 Conspiracy to Distribute
Financial Fraud, Theft, Tax Fraud
- 18 U.S.C. 1956 Money Laundering
- 18 U.S.C. 1349 Conspiracy to Commit Wire Fraud
- 18 U.S.C. 1349 Conspiracy to Commit Mail Fraud
- 18 U.S.C. 1341 Mail Fraud
- 18 U.S.C. 1343 Wire Fraud
- 18 U.S.C. 641 Theft of Government Property
- 18 U.S.C. 371 Conspiracy to Defraud the Internal Revenue Service
- 26 U.S.C. 7206 Subscribing to a False and Fraudulent U.S. Individual Income Tax Return
- 26 U.S.C. 7206 Aiding and Abetting in the Preparation and Presentation of False and Fraudulent Individual Income Tax Returns
- 26 U.S.C. 7201 Attempt to Evade or Defeat Payment of Tax
Drug Trafficking
- 21 U.S.C. 846 Conspiracy to Distribute Furanyl Fentanyl, Carfentanil, Methamphetamine, Heroin, Marijuana, Cocaine, etc.
- 21 U.S.C. 846 Conspiracy to Possess with Intent to Distribute a Controlled Substance
- 21 U.S.C. 841 Possession with Intent to Distribute a Controlled Substance
- 21 U.S.C. 841 Distribution and Possession with Intent to Distribute
- 21 U.S.C. 841 Distribution and Possession with Intent to Distribute Furanyl Fentanyl, Carfentanil, Methamphetamine, Heroin, Marijuana, Cocaine, etc.
- 18 U.S.C. 924 Possession of a Firearm in Furtherance of a Drug Trafficking Offense
- 21 U.S.C. 856 Managing a Drug Premises
- 21 U.S.C. 331, 333 Introduction of Misbranded Food Into Interstate Commerce With an Intent to Defraud and Mislead
- 21 U.S.C. 331, 333 Introduction of Adulterated Dietary Supplement Into Interstate Commerce
Important Information About Federal Criminal Cases in El Paso
El Paso and the rest of Texas are currently going through new heights of federal investigations. Whether it is an alleged conspiracy to distribute, healthcare fraud, mail and wire fraud, Internet crimes, or a violation of the Controlled Substances Act—almost no day goes by in El Paso and the Western District of Texas without new arrests, raids, or agents attempting to interview Texas business owners and residents. This is how most people in El Paso find out that the government is conducting a federal investigation against them:
- Agents Interview Request. One way to find out about an investigation is by learning that federal agents are attempting to interview individuals as part of a pending case. In general, federal agents are expected to provide information to a federal prosecutor from the U.S. Attorney’s Office in El Paso that serves as the foundation of the prosecutor’s decision to bring charges against someone or not. Because federal agents are a critical component of every federal case, any indication that they are asking for information about you, your business, or someone you know is a major red flag that requires consultation with experienced federal defense attorneys right away. The more time the agents have to explore their case options without being challenged or stopped by intervening defense attorneys, the more likely it is that they will use all resources and all avenues to reveal misconduct. Thus, call Oberheiden, P.C. immediately if you become aware that agents are running around town asking questions about you or your affiliates as this gives us a window of opportunity to provide you with effective help.
- Grand Jury Subpoena. To get the information necessary to make a charging decision, the Department of Justice often uses the grand jury process to obtain documents and witness testimony by issuing grand jury subpoenas to people of interest. Being served a federal grand jury subpoena is a serious event. Even if you consider yourself at best a witness (and not a target), you need to keep in mind that from here on you are in the middle of a federal criminal investigation. It is the job of the grand jurors to decide whom to charge with a federal felony. From prior experience at the Department of Justice, we have seen how inexperience can lead to mistakes and how mistakes have turned witnesses into criminal targets. Don’t gamble when you receive a grand jury subpoena. Trust lawyers that have handled more than 2,000 grand jury proceedings and be advised of how to get out of the investigation as quickly as possible. Give us a call and let’s find out together what type of information you may possess and why such information may be relevant in the investigation of a federal criminal case.
- Federal Arrest/Indictment. The most dramatic way to learn about an investigation is by being arrested by the FBI. To be indicted (i.e. formally charged) for a federal felony, the grand jury must see probable cause for you to have committed or helped someone else to have committed a federal offense. Importantly, when this happens, it cannot be emphasized enough that the grand jury’s decision is not a verdict. Specifically, the grand jury only receives information from the government and because defense lawyers are excluded entirely from accessing the grand jury room and from introducing counter-evidence, the grand jury’s conclusion can and must be challenged only after the indictment. Oberheiden P.C. has the resources and the skillset to defend against and challenge federal criminal charges by offering clients notable federal criminal law experience, including experience as former federal prosecutors ourselves. We understand the federal criminal justice process.
This Is Why El Paso Clients Trust Oberheiden, P.C.
1. Our Client Commitment: No Junior Lawyers.
Clients come first at Oberheiden, P.C.. Because we understand how serious and how concerning it is to be part of a federal case, whether as a witness or a target, we do not allow junior lawyers to butcher your case. All clients of Oberheiden, P.C. are assigned to senior counsel with the specific repertoire of skills needed to navigate you through the process. You will not speak to lawyers fresh out of law school, you will not be blocked away by legal secretaries, and no paralegal will explain to you how the federal criminal justice system works. From the moment you call us, you will be in good hands.
2. Federal Cases Only
Oberheiden P.C. welcomes to hear about your federal case. As you can tell from our biographies, most of our lawyers have spent their entire careers in the federal litigation arena. Some of us have held positions within the Department of Justice as Assistant United States Attorneys. Others have counseled individual and corporate clients in federal litigation proceedings throughout the United States, and in particular in the Northern, Eastern, Southern, and Western federal district courts of Texas. No day goes by without us either sitting at the FBI or the U.S. Attorney’s Office resolving issues on behalf of our clients—or vigorously arguing legal positions and facts to judges in federal courtrooms. It is this, our distinct federal litigation routine that makes prosecutors nervous, and the media regularly choose Oberheiden P.C. lawyers to feature federal litigation matters as legal experts on air. Please call our attorneys and find out how we would organize your defense.
3. Our Results
With experience and daily practice come results. Oberheiden P.C. has obtained acquittals, dismissals, and favorable case resolutions in a wide variety of federal cases. More so, in many instances, we have avoided criminal charges being brought in the first place. If you find yourself involved in a federal matter, please contact us and ask us tough questions about our experience and our past success in situations like yours.
Frequently Asked Questions About El Paso, Texas Federal Criminal Defense
What should I do if the FBI shows up at my house?
Any experienced Texas federal criminal defense attorney will give you the same advice for when the FBI shows up at your house: don’t talk to them. FBI agents will often tell a person who is under investigation for a federal crime that they “just want to talk.” This may not be the case since FBI agents are not obligated to tell a suspect or target of a federal investigation the truth. Therefore, anything you say to an FBI agent can later be used against you. That said, if FBI agents have a valid search warrant, you are legally required to let them in. However, don’t assume that just because they left with the evidence you are guilty of a crime. Instead, reach out to an experienced and effective El Paso federal criminal defense attorney to discuss your options.
What is a grand jury?
Federal prosecutors have a lot of authority, but they cannot bring serious charges against you unless they first convene a grand jury. During a grand jury proceeding, a federal prosecutor presents their case to the grand jury. if the grand jury finds that it is more likely than not that you committed the crimes, it will return a true bill. Once a grand jury returns a true bill, it allows federal prosecutors to formally indict you. Thus, if you’ve been indicted it means that the federal government has already gathered evidence and presented it to the grand jury. At this point, you must meet with a respected El Paso, Texas federal criminal defense attorney to begin developing an effective defense strategy.
What is white-collar crime?
White-collar crime doesn’t have a legal definition, although it is commonly used to describe a wide range of financial crimes. Some common examples of white-collar crime include healthcare fraud, investment fraud, money laundering, forgery, identity theft, securities fraud, and embezzlement. Federal prosecutors take allegations of white-collar crime seriously, and a conviction for these offenses almost always carries the possibility of jail time. If you face white-collar crimes in federal court, you should immediately reach out to a dedicated El Paso, Texas federal criminal defense attorney to begin developing an effective defense strategy.
Should I try to negotiate a plea agreement or take the case to trial?
Until you’ve met with a Texas federal criminal defense attorney to go over your case, it is too early to tell what the best course of action is. While many federal criminal trials end in plea agreements, it is far from a universal solution. Federal prosecutors make mistakes, or occasionally overlook certain important facts that could result in the dismissal of the charges. However, by immediately seeking a plea agreement, you give prosecutors all the negotiating power. You are much better off contacting an El Paso] federal criminal defense attorney to discuss the case and identify the best possible solution. Your attorney may be able to talk federal prosecutors down after presenting them with additional information.
What should I look for when hiring an El Paso, Texas federal criminal defense attorney?
If you face federal criminal charges, you must be represented by an attorney who is experienced not only in the number of cases they’ve successfully handled but also in the particular type of case you face. Federal criminal cases vary extensively and often involve complex issues that are beyond the scope of your non-specialized defense attorneys. You want to choose an attorney who understands the law, how it’s applied and is confident taking your case to trial in front of a jury. The last thing you want is to be in a situation where you feel compelled to take a plea agreement because your Texas federal criminal defense attorney is not comfortable nor prepared to meet federal prosecutors head-on.
Call Today for a Free Case Assessment From Knowledgeable El Paso Federal Criminal Defense Attorneys
Contact us now to directly speak to one of those attorneys that previously led and supervised federal investigations before representing clients at Oberheiden, P.C.. Find out how experienced prosecutors and defense attorneys assess your situation. Calls are free and confidential.
Areas We Serve in Texas
El Paso, Sunland Park, Las Cruces, Ascension, Truth or Consequences, Ruidoso, Nuevo Casas Grandes, Silver City, Alamogordo, Deming, Soccoro, Mission Hills, Smeltertown, Buena Vista, Anapra, Del Norte Heights, Tigua, Aero Vista, Alfalfa, Planeport, Coronado Hills, among others.