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West Virginia

West Virginia Federal Criminal Trial/Litigation

Oberheiden, P.C.’s federal defense attorneys have a substantial record of success in federal criminal litigation, and our West Virginia federal criminal defense lawyers are available to represent clients in both West Virginia federal courts.  Don’t delay if you have received a target letter, or have been arrested by federal authorities.  The possibility of a trial could be looming, and you need to prepare yourself.

Unlike in state cases, in the federal criminal justice system, there is no possibility for parole.  A federal criminal trial is a very serious matter and essentially all federal crimes carry severe penalties.  Many crimes, such as drug trafficking, fraud, and sexual abuse carry potential life sentences, and many other crimes carry the potential for years, if not decades, of incarceration.  There is no choice but to prepare to defend your freedom and hiring a competent attorney who understands the process is critical.

Oberheiden, P.C. represents criminal defendants in trials and litigation throughout the U.S., including West Virginia.  Our experienced team of skilled West Virginia federal criminal defense lawyers and former federal prosecutors is available to represent clients in:

  • United States District Court for the Northern District of West Virginia (N.D. W. Va.)
  • United States District Court for the Southern District of West Virginia (S.D. W. Va.)

Our attorneys do not wait idly by or rely on a judge or jury to render a positive verdict for our clients, they work hard on your behalf.  Our attorneys explore all possible avenues to restore your freedom and your way of life by defending you against federal inquests.  At times, negotiating a plea deal can be an effective tool, but our lawyers have convinced federal prosecutors to drop charges entirely, even after the issuance of a federal indictment.

Proactive and Strategic Defense Lawyers for Federal Criminal Trials in West Virginia

A relationship of trust and confidence begins at the moment you initiate legal representation by our firm. In our representation of individuals and organizations in federal criminal litigation, we work very closely with our clients to tailor a defense strategy that works.  Our West Virginia federal criminal defense lawyers make sure our clients have all of the necessary information and tools to make informed and strategic decisions.

6 Steps During Federal Criminal Litigation

1. Indictment

There are several stages before an indictment such as the investigation, search warrants, administrative subpoenas, pre-charge resolution, and intervention, but our highly skilled West Virginia federal criminal defense lawyers will begin their discussion at this point in the legal process.  The government utilizes indictments as a formal means to issue charges in federal criminal cases.  An indictment signals that the U.S. Attorney’s Office has already presented evidence to a grand jury and that this grand jury has found “probable cause,” to exist, implicating you in a federal crime (or multiple federal crimes).

2. Investigation

Whenever a client initiatives legal representation following an indictment – one of the first tasks is to conduct an internal investigation.  Your attorney will need to ascertain things such as:

  • What caused the government to investigate?
  • What sort of information was provided to federal authorities?
  • How (which method) did the government request this information?
  • Did the government follow proper procedures before, during, and after the issuance of warrants and subpoenas?
  • Who else, if anyone, is the government targeting in your case?

Your defense team can only begin to put together an effective pre-trial strategy once this information has been collected, which can and should happen fairly quickly.

3. Pre-Trial Strategy

Many people assume wrongly that just because they have been arrested or indicted, they are heading to court.  A favorable resolution can still be secured during the lengthy pre-trial process and an effective defense team will utilize this opportunity on your behalf.  Your West Virginia federal criminal defense lawyers may be able to resolve your case even before it goes to trial.  Some strategies your lawyers can employ are:  poking holes in the U.S. Attorney Office’s case, raising various legal and factual arguments, and challenging the government’s investigative procedures.

4. Negotiations with the U.S. Attorney’s Office

A large portion of the pre-trial stage in federal criminal litigation involves negotiations with the Assistant United States Attorneys (AUSAs) assigned to your particular case.  Understanding how to communicate with these parties is essential because it could yield to negotiations revolving around a pre-trial release, reduced charges, or reduced sentencing (or dropping charges entirely).

5. Pre-Trial Litigation Practice

In concert with negotiation tactics with the U.S. Attorney’s Office, your West Virginia federal criminal defense lawyers will need to engage in a multitude of actions such as filing motions, responding to motions, attending pre-trial hearings, and partaking in a multitude of other formal legal procedures.  This type of work can be essential because it often results in charges being dropped or evidence being excluded from trial entirely.  It can also provide crucial leverage needed to break through in plea deal negotiations.

6. Trial

If your court date is approaching and your case is still pending – your defense team will need to prepare to vehemently represent you at trial.  This involves several steps such as cross-examining the government’s witnesses, presenting various legal defenses to the judge or jury, and questioning the government’s evidence, before waiting for a verdict to be rendered.

If your case does indeed go to trial – the possibility of reaching a plea deal, or discovering evidence that warrants termination of the proceedings prior to the verdict, still exists.  Even if you are found guilty, your team will still have the opportunity to protect you at sentencing, as well as reserving the right to challenge the outcome of the trial on appeal grounds.Learn more: What Are My Options after Being Federally Indicted?

How the Experienced West Virginia Federal Criminal Trial Lawyers at Oberheiden, P.C. Can Help

Oberheiden, P.C. routinely defends physicians, nurses, lawyers, accountants, business owners, politicians, and anyone else seeking professional help against investigations involving the Drug Enforcement Agency (DEA), the Federal Bureau of Investigation (FBI), the Department of Justice (DOJ), the U.S. Attorney’s Office, the IRS, the Department of Homeland Security (DHS), and many others.  Our experience includes:

  • Former Department of Justice Trial Lawyers
  • Former Health Care Fraud Prosecutors
  • More than 1,000 Federal Cases Resolved With no Charges
  • No Junior Lawyers

West Virginia is divided into different federal districts. The Mountain State is part of the United States Court of Appeals for the Fourth Circuit (in case citations, 4th Cir.). In the United States District Court for the District of West Virginia, federal prosecutors are tasked to enforce federal law on behalf of the U.S. Department of Justice. West Virginia is divided into two federal districts, the Northern District, and the Southern District. These districts locate federal courthouses as well as branches of the Department of Justice, so-called U.S. Attorney’s Offices. The U.S. Attorney’s Offices employ federal prosecutors, also referred to as Assistant United States Attorneys (AUSA).

The United States District Court for the Northern District of West Virgnia (N.D. W. Va.) covers the counties of Braxton, Calhoun, Doddridge, Gilmer, Harrison, Marion, Monongalia, Pleasants, Preston, Ritchie, Taylor, Barbour, Grant, Hardy, Lewis, Pendleton, Pocahontas, Randolph, Tucker, Upshur, Webster, Berkeley, Hampshire, Jefferson, Mineral, Morgan, Brooke, Hancock, Marshall, Ohio, Tyler, and Wetzel, and it hosts federal courthouses and U.S. Attorney’s Offices in Clarksburg (500 West Pike Street, Room 301, P.O. Box 2857, Clarksburg, WV  26302), Elkins (P.O. Box 1518, 300 Third Street, Elkins, WV  26241), Martinsburg (217 W. King Street, Room 102, Martinsburg, WV  25401), and Wheeling (1125 Chapline Street, P.O. Box 471, Wheeling, WV  26003).

The United States District Court for the Southern District of West Virgnia (S.D. W. Va.) covers the counties of Greenbrier, Raleigh, Summers, Wyoming, Mercer, McDowell, Monroe, Boone, Clay, Fayette, Jackson, Kanawha, Lincoln, Logan, Mingo, Nicholas, Roane, Wirt, Wood, Cabell, Mason, Putnam, and Wayne, and it hosts federal courthouses and U.S. Attorney’s Offices in Bluefield (601 Federal Street, Room 1000, Bluefield, WV 24701), Charleston (300 Virginia Street, East, Suite 2400, Charleston, WV 25301), Huntington (845 Fifth Avenue, Room 101, Huntington, WV 25701), and Beckley (110 North Heber Street, Room 119, Beckley, WV 25801).

Health Care Offenses

  • Health Care Fraud (18 U.S.C. 1347)
  • Conspiracy to Make False Statements Relating to Health Care Matters (18 U.S.C. 1035; 18 U.S.C. 371)
  • Conspiracy to Commit Health Care Fraud (18 U.S.C. 1347; 18 U.S.C. 371)
  • Conspiracy to Commit Theft or Embezzlement in Connection with Health Care (18 U.S.C. 669; 18 U.S.C. 371)
  • Attempt or Conspiracy to Commit Health Care Fraud (18 U.S.C. 1347; 18 U.S.C. 371)
  • Conspiracy to Commit Medicare Fraud (18 U.S.C. 1347; 18 U.S.C. 371)
  • Conspiracy to Accept or Receive Illegal Kickbacks (42 U.S.C. 1320a-7(b)(b); 18 U.S.C. 371)
  • Conspiracy to Commit Medicaid Fraud (18 U.S.C. 1347; 18 U.S.C. 371)
  • Conspiracy to Unlawfully Use Health Information (42 U.S.C. 1320d-6; 18 U.S.C. 371)

Financial Crimes

  • Tax Fraud (26 U.S.C. 7206)
  • Mail Fraud (18 U.S.C. 1341)
  • Wire Fraud (18 U.S.C. 1343)
  • Embezzlement (18 U.S.C. 641)
  • Bank Fraud (18 U.S.C. 1344)
  • Counterfeiting (18 U.S.C. 2320)
  • Money Laundering (18 U.S.C. 1956)
  • Mortgage Fraud (18 U.S.C. 1014)
  • Insurance Fraud (18 U.S.C. 1007)
  • Intellectual Property Crimes (15 U.S.C. 8101)
  • Securities Fraud (15 U.S.C. 78j, 78jj; 18 U.S.C. 1348)
  • Conspiracy to Commit Money Laundering (18 U.S.C. 1357; 18 U.S.C. 371)
  • Conspiracy to Commit Mail Fraud (18 U.S.C. 1341; 18 U.S.C. 371)
  • Conspiracy to Commit Wire Fraud (18 U.S.C. 1343; 18 U.S.C. 371)
  • Conspiracy to Commit Bank Fraud (18 U.S.C. 1344; 18 U.S.C. 371)
  • Conspiracy to Commit Tax Fraud (26 U.S.C. 7206; 18 U.S.C. 371)
  • Conspiracy to Commit Securities Fraud (18 U.S.C. 1348; 18 U.S.C. 371)
  • Conspiracy to Use Identification Information (18 U.S.C. 1028(a)(7); 18 U.S.C. 371)
  • Credit Card Fraud (15 U.S.C. 1644)
  • Identity Theft (18 U.S.C. 1028)

Computer Crimes

  • Computer Crimes (18 U.S.C. 1030)
  • Pornography Offenses (18 U.S.C. 2427)
  • Prostitution & Trafficking Offenses (18 U.S.C. 2422)
  • Unauthorized Access (18 U.S.C. 1030)

Drug & Opioid Offenses

  • Federal Drug Conspiracy (21 U.S.C. 846)
  • Unlawful Distribution of Controlled Substances (21 U.S.C. 841)
  • Conspiracy to Distribute Controlled Substances (21 U.S.C. 841; 21 U.S.C. 846)

Other Offenses

  • Bribery (18 U.S.C. 201)
  • Conspiracy to Commit Bribery (18 U.S.C. 201; 18 U.S.C. 371)
  • Obstruction of Justice (18 U.S.C. 1512)
  • Perjury/ False Statement (18 U.S.C. 1001)
  • Espionage Act (18 U.S.C. 793)
  • Patriot Act (8 U.S.C. 1701)
  • Wiretapping (18 U.S.C. 2511)
  • Obstruction of Justice (18 U.S.C. 1501)

Federal Criminal Cases We Handle

Oberheiden, P.C. utilizes a time-tested a proven methodology in every federal criminal case we handle.  Call us today for a free and confidential assessment of your case involving allegations of:

  • Securities fraud
  • Public corruption and bribery
  • Any other white-collar federal offense
  • Health care fraud
  • Federal drug crimes
  • Tax crimes
  • Bank fraud

Our law firm does not employ or utilize the services of unproven junior attorneys or paralegals.  Throughout the entire duration of your case, our experienced senior West Virginia federal criminal defense lawyers will work closely with you to reach the best possible result.  In federal litigation the stakes are too high to entrust with inexperienced counsel.

Potential Defenses to Federal Criminal Charges

In order to decide on the most effective defense strategy – it requires understanding of the unique circumstances involved, and intrepid knowledge of the facts.  Every case is different, however, in federal criminal matters, some of the most effective defense strategies are:

  • Disputing the Government’s Evidence – Is the government even allowed to use their evidence in court under the law? Could it be inadmissible such as in “fruit of the poisonous tree,” or hearsay circumstances?  The government has the task of proving your guilt beyond reasonable doubt and our task will be disputing the strength and admissibility of the government’s evidence.
  • Asserting Constitutional Violations – Have you been arrested without probable cause or stopped without reasonable suspicion? Perhaps your Miranda rights were not read to you, or read to you too late.  These are some of the questions our attorneys ask in order to discover Constitutional violations, which could have a big impact on the outcome of your criminal trial.
  • Asserting Affirmative Defenses – Our attorneys could also utilize an affirmative defense which does not focus on disputing that certain acts were committed, but instead showcasing that these acts do not constitute a crime under the circumstances involved. This defense strategy can be used in addition to challenging the government’s evidence.
  • Challenging the Sufficiency of the Government’s Case – Perhaps all of the government’s evidence is admissible and reliable, but is this still enough to prove beyond reasonable doubt that you are guilty of the crime or crimes alleged against you? The U.S. Attorney’s Office must prove multiple “elements,” as part of a federal crime in order to prove that you are guilty and obtain a conviction.

About Oberheiden, P.C. | West Virginia Federal Criminal Trial Lawyers

Oberheiden, P.C. is a long-standing federal defense law firm with a national presence, providing proactive, skilled, and effective representation in high-stakes federal litigation.  Our law firm is led by, the founding attorney, Dr. Nick Oberheiden, and is comprised of senior attorneys, some of whom served years with the U.S. Department of Justice (DOJ) or as prosecutors prior to entering private practice.

Our law firm can help you facilitate an effective strategy to defend you from being convicted of a federal crime or crimes.  Our law firm carries the experience necessary to understand the stakes and what it takes to defend you or your business.  It starts with a free and confidential case assessment.  If you do choose to retain our services, our attorneys can travel to your location in West Virginia on a moment’s notice.

Learn more about Oberheiden, P.C. and Our Proven West Virginia Federal Criminal Defense Attorneys

Schedule Your Free and Confidential Case Assessment at Oberheiden, P.C.

If you are facing federal charges, we urge you to contact our West Virginia federal criminal defense attorneys to speak with a member of our defense team right away. You can contact us 24/7. And if an attorney is not available immediately, we will schedule an appointment for you as soon as possible. Call our West Virginia federal criminal defense attorneys at (888) 519-4897, or tell us how to reach you online now. This information has been prepared for informational purposes only and does not constitute legal advice. This information may constitute attorney advertising in some jurisdictions. Merely reading this information does not create an attorney-client relationship. Prior results do not guarantee similar outcomes in the future. Oberheiden, P.C. is a Texas professional corporation with its headquarters in Dallas. Mr. Oberheiden limits his practice to federal law.

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