McAllen, TX Grand Jury Subpoena Defense Lawyers - Oberheiden, P.C.
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McAllen, Texas Grand Jury Subpoena Defense Attorneys

McAllen, Texas Grand Jury Subpoena Defense Attorneys

The Oberheiden, P.C. has experience advocating for clients in federal grand jury proceedings. We have defended hundreds of clients who received grand jury subpoenas across the United States. Oberheiden, P.C. clients will be represented by our experienced senior attorneys. Our team consists of former senior Department of Justice trial attorneys, former lead prosecutors from the elite Medicare Fraud Strike Force, a former Chief Healthcare Fraud Coordinator with the U.S. Attorney’s Office, and talented attorneys with years of experience and with education from the nation’s best law schools, including Yale and Harvard. Our attorneys serve clients in McAllen, Texas and the surrounding areas.

If you are being investigated for a grand jury proceeding in the City of McAllen or the surrounding areas, call Oberheiden, P.C. and ask to speak with a member of our grand jury defense team. The initial call is confidential and free of charge.

Grand Jury Investigations in McAllen, Texas and the Surrounding Areas

Grand jury investigation numbers have skyrocketed in McAllen, Texas over the last few years. Oberheiden, P.C. represents corporations and individuals heading for grand jury proceedings. Our qualified McAllen, Texas defense lawyers can help you or your business handle a grand subpoena served during the investigation. We will contact the federal government to begin legal advocacy on your behalf once we are retained.

The federal government investigates allegations of tax fraud, bank fraud, mortgage fraud, healthcare fraud, securities fraud, and fraud related to federal healthcare programs. The federal government also investigates cases of computer crimes, embezzlement, and violation of Foreign Corruption Practices Act.

Explaining the Grand Jury Process

A grand jury indictment involves one or more federal felonies as required by the U.S. Constitution. The grand jury has the authority to determine if probable cause for an indictment exists. They determine this by issuing subpoenas as a part of their investigative process. There are two types of federal grand jury subpoenas.

  • Subpoena requiring your testimony. This type of subpoena requires an individual to appear before the grand jury to provide a sworn testimony. This is a serious matter because your lawyer will not be allowed to be present during grand jury proceedings. There is a serious risk of self-incrimination during this time. Oberheiden, P.C. prefers to negotiate a release and help their clients avoid the need for testimony.
  • Subpoena requiring documents. This type of subpoena requires an individual or company to release specific documents and records before a determined deadline. This type of subpoena is referred to as subpoena duces tecum. It requires you to submit corporate records, contracts, financial information, e-mail, or text communications between specified persons, or photographs, videos, and any other items that the government believes to be important to their investigation. This subpoena is only enforceable if the documents and records requested are relevant, accurately described, and with a reasonable deadline. Make sure that you immediately contact Oberheiden, P.C. if you receive this subpoena. Don’t wait.

Once the grand jury receives the information and forms an opinion, they will determine if probable cause exists related to whether you may have committed a crime. This isn’t about guilt or a conviction. If probable cause is found, this is called an indictment. Guilt and conviction will be determined by a traditional criminal trial. The grand jury will either approve the indictment or issue a “No Bill.” “No Bill” means that there isn’t enough evidence presented by the prosecution for them to find probable cause. A formal notification will be sent by the government in cases of indictment charges. Many parties are left in the dark about an investigation being conducted because grand jury hearings convene in private chambers, absent from the public.

Organizing Grand Jury Subpoena Responses

The most important thing to know about grand jury subpoenas is that you should never provide false or incriminating information. This is obstruction of justice. Obstruction of justice is a federal felony. You must have a qualified McAllen, Texas defense lawyer to guide you through the process. An experienced defense attorney can intervene once a grand jury subpoena is received. They can help limit the scope of the investigation.

  • Organization is important. If you have the worry that there may be a grand jury subpoena issued against you, you need to have a defense plan. First, make sure that all of your corporate records are in order, organized, and accurate. Make sure that your business is in total compliance and that all training issues are taken care of. Make sure that employment contracts and 1099 forms are reviewed and approved by your attorney. Your tax filings and your financial documents should all be reviewed and approved by your accountant.
  • Start preserving documents now. Criminal prosecution can be a separate matter if any of your records are hidden, altered, tampered with, or destroyed. You must send out a document preservation notice right away. This document informs your staff and owners of the company to preserve and maintain all communications and documents effective immediately. Anything that is pertinent to the subpoena should be handled with absolute care and professionalism. If you make a voluntary preservation effort, it can have a positive impact on your investigation.
  • Produce the requested documents. Contact your defense attorney as soon as you receive a grand jury subpoena. Oberheiden, P.C. immediately contacts the prosecutor in charge of your investigation to discuss the subpoena and the investigation. We may request an extension if it is necessary, and we will facilitate any requests made. During that time, you should begin to gather all of the requested records and documents. This can take several weeks although there are limits to how much information and the number of past years a subpoena can request. Oberheiden, P.C. helps clients sort through the materials to organize and determine what information must be submitted. We will also determine which records and information you may legally withhold from the federal government.

Facing a Grand Jury Subpoena? Here’s What You Need to Know

The purpose of the grand jury is to determine if you should be indicted for a crime. Their function in the process should encourage you to create a proper defense plan with your lawyer. Often, potential targets are only called as witnesses. This can be accredited to effective defense work.

  • Do not underestimate the power of a grand jury subpoena. Do not ignore a subpoena. Subpoenas are fully enforceable by law. Proper objections can be made by your lawyer if and when they are needed. McAllen, Texas grand jury targets should immediately consult with an experienced McAllen, Texas defense lawyer to assist in drafting a timely and proper response to the subpoena.
  • Don’t talk to federal agents without your attorney. If a federal agent asks you to speak with them, don’t do it unless your attorney is present. They will lie to you and tell you it will help your case. Do not believe them. You must have your lawyer present. It is your Constitutional right and you must exercise it to protect yourself. Federal law prohibits you from misrepresenting or lying to a federal agent. You can provide your name and identification to them, but you should insist that any conversations cannot occur without your attorney present.
  • Do not delete, alter, or destroy requested records. Do not destroy, alter, or tamper with any documents, pictures, records, communications, videos, or any other records you have been notified to provide by a grand jury subpoena. The federal government will find out if you do. Then, you will likely be charged with obstruction of justice, a federal felony.
  • Do not volunteer information. A subpoena does not mean that you must hand over every document or record. Give the government only what it requests. Do not share unneeded information. A grand jury subpoena requests that you provide very specific types of information. You must talk with a defense attorney for guidance. They can help you gather, choose, and properly organize files that should be submitted. Your lawyer can also help develop an appropriate legal response.

Oberheiden, P.C.

Oberheiden, P.C. represents corporate and individual clients in federal grand jury proceedings. Our priority is to help our clients avoid criminal charges. Our attorneys assist clients in federal criminal cases, government investigations, and grand jury proceedings across the United States and we have most recently appeared on behalf of our clients in the State of Texas. The following information represents case outcomes.

Oberheiden, P.C. represents individual and corporate clients in federal grand jury proceedings with the goal to avoid criminal charges. Our attorneys assist clients in federal criminal cases, government investigations, and Grand Jury proceedings across the United States and we have most recently appeared on behalf of our clients in New York, New Jersey, Missouri, Tennessee, Texas, New Mexico, Arizona, Florida, South Carolina, Colorado, and Michigan. The following represent case outcomes.

  • Grand Jury Subpoena against Physician
    Result: No criminal charges.
  • Grand Jury Subpoena against Physician
    Result: No criminal charges.
  • Grand Jury Subpoena against Pharmacy
    Result: No criminal charges.
  • Grand Jury Subpoena against Business Owner
    Result: No criminal charges.
  • Grand Jury Subpoena against Accountant
    Result: No criminal charges.
  • OIG Subpoena against Business
    Result: No criminal charges.
  • OIG Subpoena against Business
    Result: No criminal charges.
  • OIG Subpoena against Business
    Result: No criminal charges.
  • OIG Subpoena against Business
    Result: No criminal charges.
  • OIG Subpoena against Business
    Result: No criminal charges.
  • OIG Subpoena against Business
    Result: No criminal charges.

Frequently Asked Questions from McAllen, Texas Grand Jury Subpoena Clients

What is a grand jury?


A grand jury is an investigative body that decides whether federal prosecutors have enough evidence against you to bring federal charges. When the federal government believes you committed a crime, it cannot indict based on that belief alone; prosecutors are required to first present the case to a grand jury. A prosecutor can only indict you if the grand jury agrees that there is probable cause to believe that you committed the alleged crime. If you’ve recently learned that you are being indicted, reaching out to a respected McAllen, Texas federal criminal defense attorney as soon as possible is the most important thing you can do. Your attorney will perform their own investigation into the allegations and help you build an effective defense strategy, no matter what charges you face.

What is a grand jury subpoena?


Federal prosecutors will issue grand jury subpoenas to assist in their investigation when they are planning on convening a grand jury. A grand jury subpoena is a legally enforceable document that calls the recipient to either provide certain evidence or show up at a particular time and date to testify in front of the grand jury. If you received a grand jury subpoena, it doesn’t always mean that the federal government suspects you are involved in a crime; however, that possibility should not be ignored. It is imperative that you consult with a highly skilled and experienced Texas federal criminal defense attorney before responding to a grand jury subpoena.

What does a judge consider when sentencing someone for a federal crime?


Federal judges have significant discretion when sentencing someone who has been convicted of a federal crime. Nevertheless, the judge must consult the federal sentencing guidelines, which provides them with a recommended sentencing range based on the defendant’s prior criminal history and the severity of the crimes they are charged with. The judge can also consider certain aggravating and mitigating information. For example, if you cooperated with the government in a different investigation it may warrant a downward departure. Federal sentencing laws are exceptionally complex, and if you’re facing federal charges it is imperative that you get in touch with a McAllen, TX federal criminal defense attorney as soon as possible to determine the best next steps.

We are available every day of the year for our clients. Call us directly, complete our contact form, or email us.

Including Weekends
Oberheiden, P.C.
Serving McAllen, Texas and Surrounding Areas

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This information has been prepared for informational purposes only and does not constitute legal advice. This information may constitute attorney advertising in some jurisdictions. Reading of this information does not create an attorney-client relationship. Prior results do not guarantee similar future outcomes. Oberheiden, P.C. is a Texas PC with headquarters in Dallas. Mr. Oberheiden limits his practice to federal law.

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