Wisconsin Federal Criminal Defense
Under federal law, fraud, bribery, drug manufacturing and distribution, tax evasion, and other crimes carry severe and potentially life-altering penalties. If you are under investigation or facing charges, we urge you to call us immediately at 888-680-1745
for a free and confidential consultation.
When facing a federal investigation or federal charges, asserting a successful defense requires a comprehensive understanding of the facts and law underlying the allegations against you. While you might assume that this information will be provided to you (after all, you are entitled to a “fair” trial), in reality it can be extremely difficult to figure out what exactly you need to defend against.
At Oberheiden, P.C., our attorneys rely on centuries of combined legal experience to quickly get to the bottom of our clients’ cases. We use our in-depth knowledge of the law and the insights gained from more than 1,000 federal investigations and 500 trials to glean key details from the government’s activities during our clients’ investigations. We also execute aggressive intervention strategies designed to slow down the government’s investigation, gather the details we need to build a custom-tailored defense, and begin positioning our clients’ cases for favorable outcomes, and we do all of this while working with our clients to make sure they known exactly what they need to do in order to aid in their defense.
If you are under investigation or facing federal criminal charges in Wisconsin, you need experienced legal representation. Our defense team can represent you, and members of our team are available 24/7. The sooner you contact us, the sooner we can get started, so call us now at 888-680-1745 to speak with an attorney about your defense in confidence.
Cases We Handle
Our attorneys represent clients facing all types of serious federal charges in the Eastern and Western Districts of Wisconsin. Whether you are under investigation for healthcare, securities, mortgage, or insurance fraud; you are facing charges for drug manufacturing or distribution; or, you are facing an indictment for any other white-collar federal offense, our attorneys can quickly get up to speed and begin executing a defense strategy designed to protect you as completely and quickly as possible. At Oberheiden, P.C., we have particular experience in cases involving allegations of:
- Bank Fraud
- Drug Crimes
- Healthcare Fraud
- Insurance Fraud
- Intellectual Property Theft
- Mail Fraud and Wire Fraud
- Money Laundering
- Mortgage Fraud
- Public Corruption and Bribery
- Securities Fraud
- Tax Evasion
- Terrorist Acts
- Theft of Government Property
Oftentimes, federal prosecutors will pursue charges for several related and unrelated offenses. For example, in a healthcare fraud or public corruption case, it is common for prosecutors to seek an indictment for mail fraud, wire fraud, and money laundering as well. Additionally, even if prosecutors cannot prove that you committed a substantive offense, the federal attempt and conspiracy statutes are written such that you could still be at risk for substantial fines and long-term imprisonment – and perhaps even the same penalties as if you were found guilty of the underlying substantive offense.
Understanding the Three Stages of Federal Criminal Prosecution
The federal prosecutorial process involves three primary stages. We deploy defense strategies at each stage of the process that are tailored to the specific procedural aspects as well as the most-recent factual and legal developments in the case. Executing a comprehensive defense strategy is a dynamic process that requires constant reevaluation and the ability to shift focus and resources immediately, and our practice is structured to allow our attorneys to continually maintain an aggressive posture in all stages of federal criminal defense litigation.
1. Federal Investigation
The first stage is the government’s investigation. Most investigations involve the Department of Justice (DOJ), Drug Enforcement Administration (DEA), Federal Bureau of Investigation (FBI), Office of Inspector General (OIG), and/or the U.S. Attorney’s Office, although various other federal agencies and task forces handle criminal investigations as well. During government investigations, our primary goal is to terminate the investigation without charges being filed. In order to achieve this goal, we intervene in the investigation as soon as we are engaged, and we work to quickly assess the facts of the case in order to determine where we are likely to have the greatest opportunity to convince prosecutors not to seek an indictment.
2. Grand Jury Subpoena
If prosecutors decide to move forward with seeking an indictment, they must first obtain a grand jury subpoena. Once you are subpoenaed to testify before a grand jury, you must begin preparing immediately. At the grand jury stage, all prosecutors need to do is establish “probable cause” to press charges. This standard is much lower than the “beyond a reasonable doubt” standard that applies at trial. However, there are still several ways to defend against federal indictments, and our attorneys have successfully resolved many of our clients’ cases at this stage of the process.
3. Criminal Trial
Following an indictment, formal charges will be filed, and at this point you will transition from a “target” or “suspect” to a “defendant.” While it is possible that your case will eventually go to verdict, it is also very possible that there will be opportunities to secure a favorable result between the time of your indictment and the date your case is set for trial. At Oberheiden, P.C., we have had indictments dismissed, we have negotiated pleas that reduced felonies to misdemeanors and that kept our clients out of prison, and we have secured “not guilty” verdicts at trial.
Q&A with the Federal Criminal Defense Lawyers at Oberheiden, P.C.
Q: What should I do if the FBI shows up at my house?
It depends whether they have a warrant. If they do, then you must let them in. If you don’t, they can force their way in. However, if they do not have a warrant, it is crucial that you do not consent to a search. Once you do, anything they find can be used against you and you cannot challenge the legality of the search. Whatever you do, you should not answer any questions asked by FBI agents without first speaking with a Wisconsin federal criminal defense attorney.
Q: What do I need to be doing if I am the target of a federal investigation?
If you are being targeted by the DOJ, DEA, FBI, OIG, or any other federal agency or task force, the most important thing you can do is to promptly engage legal representation. From this point forward, you should let your attorneys do the talking, and you should not do anything in relation to your case except on the advice of legal counsel.
Q: What should I do if I receive a subpoena?
If you receive a subpoena, the best thing to do is to reach out to a respected Wisconsin federal criminal defense attorney to learn more about what it means. Federal prosecutors issue subpoenas for various reasons. In some cases, it simply means you have information or documents in your possession that relates to an open investigation. In other words, you may be a witness. However, the government also issues subpoenas to those who may later end up becoming the focus of their investigation, depending on their response to the subpoena. The last thing you want to do is to create a problem where the was none. An experienced Wisconsin federal criminal defense attorney can help you better understand what federal prosecutors want from you, and how to effectively respond to the demands.
Q: Do I have to answer investigators’ questions?
No. You have the right to remain silent, and you need to exercise this right. While federal agents may make it seem like you have no choice but to answer their questions (or that it is in your best interests to do so), you need to assume that anything you say will only be used against you.
Q: Where will my case go to court?
It depends. If your case is in Wisconsin’s Eastern District, then it will either go to the federal courthouse in Milwaukee or the federal courthouse in Green Bay. If your case is in Wisconsin’s Western District, then it will go to the federal courthouse in Madison.
Q: What should I look for when hiring a Wisconsin federal criminal defense lawyer?
If you are looking for a Wisconsin federal criminal defense lawyer, the lawyer you choose should have extensive hands-on experience handling the specific type of charges you are facing. Even veteran criminal defense attorneys can be out of their element when handling a complex case presenting issues they’ve never dealt with before. If possible, you should look for a lawyer who spent time on the other side prosecuting the type of case you’re charged with. This will give them valuable insight into how the government sees your case, and how to best situate the case for a successful outcome.
Q: Will your attorneys be able to keep me out of prison?
Maybe. At this point it is simply too early to tell. In order for us to be able to assess your risk of prison time, we will need to get up to speed on all of the facts and happenings to date in your case.
Q: If I am innocent, should I cooperate in the government’s investigation?
No, not unless your attorneys tell you otherwise. The reality is, even if you think you are innocent, this will not stop federal prosecutors from doing their best to convict you. Additionally, as noted above, even if you did not commit a substantive offense (such as fraud, bribery, or tax evasion), you could still be at risk for being charged with conspiracy or attempt.
5 Reasons to Choose Oberheiden, P.C. in Wisconsin
If you are under investigation or under arrest, if you have been served with a grand jury subpoena, or if you are awaiting trial on federal charges in Wisconsin, you need to make an informed decision about your legal representation. Here are five reasons to choose the federal criminal defense team at Oberheiden, P.C.:
- Nationwide Reputation – We have earned a nationwide representation for providing strategic and effective defense representation in high-stakes federal cases.
- We Focus 100% on Federal Cases – Our firm’s practice is 100% focused on federal defense.
- More than 1,000 Investigations and 500 Trials Handled – Collectively, our attorneys have handled thousands of federal matters at all stages of the criminal justice process.
- Our Team Includes Several Former Federal Prosecutors – Several members of our federal criminal defense team previously served as trial attorneys and prosecutors with the DOJ and the U.S. Attorney’s Office.
- Your Initial Consultation is Free and Confidential – At Oberheiden, P.C., every engagement starts with a free and confidential consultation.
Do you need legal representation for a federal matter in Wisconsin? Get to know our federal criminal defense attorneys.
Discuss Your Case with a Highly-Experienced Federal Criminal Defense Attorney
For more information about our defense team or how we can help you fight your federal criminal case in Wisconsin, please contact us to schedule your free initial consultation. To speak with a senior defense attorney at Oberheiden, P.C. in confidence, call 888-680-1745 or request a consultation online now.