Proven Criminal Defense Trial Lawyer
If your best chance to protect your freedom involves going to trial, experienced federal law defense attorney Dr. Nick Oberheiden can help.
A trial is a part of the criminal justice process that most defendants – and even most criminal defense attorneys – want to avoid. Going to trial means presenting your case in open court and asking the judge or a jury of your peers to find that the government’s attorneys have not done their job of proving your guilt beyond a reasonable doubt.
Dr. Nick Oberheiden is not like most criminal defense attorneys. Unlike other attorneys, he is not afraid of taking his clients’ cases to trial in federal court. Dr. Oberheiden a very experienced criminal defense trial attorney has a significant record of success in federal district courts around the country and for results in high-stakes trial litigation.
Dr. Nick Oberheiden, Trial Lawyer for Complex Federal Criminal Cases
Dr. Nick Oberheiden is the go-to trial counsel for individuals facing federal criminal charges. With experience in cases ranging from health care fraud prosecutions to charges for public corruption and money laundering, Dr. Oberheiden’s clients have included physicians, company executives and board members, public officials, and other high-profile individuals. Dr. Oberheiden is acutely aware of the legal and reputational risks involved in facing federal criminal charges, and he takes a comprehensive and strategic approach to defending his clients at trial.
Dr. Oberheiden is a sought-after criminal defense trial lawyer and is licensed to represent clients in federal trial courts including:
- U.S. District Court for the Eastern District of Arkansas
- U.S. District Court for the Western District of Arkansas
- U.S. District Court for the District of Colorado
- U.S. District Court for the Central District of Illinois
- U.S. District Court for the Northern District of Illinois
- U.S. District Court for the District of New Mexico
- U.S. District Court for the Eastern District of Michigan
- U.S. District Court for the Eastern District of Missouri
- U.S. District Court for the District of Nebraska
- U.S. District Court for the Eastern District of New York
- U.S. District Court for the Southern District of New York
- U.S. District Court for the District of North Dakota
- U.S. District Court for the Western District of Oklahoma
- U.S. District Court for the Eastern District of Texas
- U.S. District Court for the Northern District of Texas
- U.S. District Court for the Western District of Texas
- U.S. District Court for the Southern District of Texas
- U.S. District Court for the Eastern District of Wisconsin
Dr. Oberheiden also routinely represents clients in other federal districts through temporary (pro hac vice) federal bar admission and affiliations with other criminal defense law firms.
Areas of Federal Criminal Trial Practice
Dr. Oberheiden focuses his practice exclusively on federal criminal defense. He has been representing clients for more than a decade. While Dr. Oberheiden’s trial practice includes defending clients accused of:
- Bank Fraud
- Federal Drug Crimes
- Health Care Fraud
- Prescription Drug Fraud
- Public Corruption and Bribery
- Tax Fraud
- Other White-Collar Federal Offenses
Dr. Oberheiden is particularly experienced in federal criminal cases involving multiple charges. For example, it is not unusual for one of Dr. Oberheiden’s clients to be charged with health care fraud, prescription drug fraud, mail fraud, wire fraud, bank fraud, money laundering, and conspiracy. When a conviction for even a single offense can lead to substantial fines and long-term imprisonment, individuals facing multiple charges need the representation of an attorney who can strategically and effectively challenge all aspects of the prosecution’s case. Dr. Oberheiden, a respected criminal defense trial lawyer, has significant experience in managing complex defense strategies and countering federal prosecutors.
Answers to Frequently-Asked Questions (FAQs): Federal Criminal Trial Defense
Q: What can I expect during my federal criminal trial?
It is difficult to briefly summarize what a defendant can expect during a federal criminal trial. The process is complicated (and very different from the process in state court). Specific timelines and procedures can vary from one case to the next, and the stakes are high for everyone involved.
Generally speaking, however, a federal criminal trial starts with the prosecution and defense counsel presenting their opening arguments, and then the prosecution moves forward with its case in chief. In criminal cases, the prosecution always goes first since it carries the burden of proving its case beyond a reasonable doubt. If the prosecutors do not present evidence to prove all elements of the crime (or crimes) alleged, then they have not done their job and the defendant is entitled to file a motion for a judgment of acquittal.
If the prosecution presents sufficient evidence for the case to proceed, then it will be the defense’s turn to address the court. The defense can present documentary and testimonial evidence and can attack the prosecution’s case from a variety of angles. This includes questioning the veracity of the prosecution’s evidence, demonstrating that the prosecution’s evidence is lacking, questioning the motive or trustworthiness of the government’s witnesses, and presenting exculpatory evidence and affirmative defenses.
Once both sides rest, then the jury will deliberate or the judge will render a decision. If the defendant is found guilty on any charge, then the case will proceed to the sentencing stage of the trial.
Q: Is it possible to reach a plea deal while my trial is pending?
Yes. It is possible to negotiate a plea deal at any stage during the pre-trial and trial processes, and it is not unusual for cases to settle either on the eve of trial or during the trial itself. If through its presentation of evidence or the revealing of the defense’s case strategy, the government realizes that its chances of securing a conviction and substantial sentence are limited, the prosecutors assigned to the case may have little choice but to negotiate a plea – if not drop the charges entirely.
Q: How do the Constitutional protections (such as the prohibition on unlawful searches and seizures) apply during a federal criminal trial?
Let’s say that the prosecution intends to rely on evidence that federal agents obtained as the result of a search and seizure that violated the Fourth Amendment. If this is the case, you can file a motion to suppress improperly obtained evidence as well as any other evidence that is considered “fruit of the poisonous tree.” By suppressing this evidence, you may prevent the prosecution from proving your charges beyond a reasonable doubt – in which case you should be free to resume your normal life.
Q: Is it possible to assert a successful trial defense if plea negotiations have failed?
Yes, absolutely. If you entered into plea negotiations but the negotiations broke down prior to your trial, this does not mean that the prosecution has a “slam-dunk” case. Rather, it most likely means that the prosecutors assigned to your case felt that they had enough evidence to try their luck in court. Rarely in complex federal cases is their clear and undeniable evidence of guilt. If your case is going to trial, you have a very real opportunity to present a successful defense; this is an opportunity you cannot afford to waste.
Q: What if my trial defense is unsuccessful?
Ideally, this question will be purely theoretical. Even if you believe that you may be guilty, you still have a very real chance to present a successful defense with the right legal representation. But, let’s say you are convicted, and let’s say that the jury or judge comes back with a harsh sentence. You have the right to file multiple appeals (with the U.S. Court of Appeals and the U.S. Supreme Court), and your trial counsel should take all appropriate measures to preserve appealable issues during your trial.
Q: When should I hire trial counsel for my federal criminal case?
If you have been arrested and you do not yet have legal counsel, you need to engage a federal criminal defense trial lawyer immediately. If you are still under investigation, hiring an attorney now may help you to avoid going to trial. In any case, it is in your best interests to hire trial counsel as soon as possible, as you want to give your attorney every possible opportunity to secure a “not guilty” verdict in court.
Q: What should I do while I await my federal criminal trial?
As you wait for your trial date, there are a number of steps you can take to mitigate your risk of a conviction. If you engage Dr. Oberheiden to represent you, he will also be working tirelessly during this time to prepare your defense and attempt to obtain a favorable resolution prior to trial. While you should obtain legal advice that is custom-tailored to your individual circumstances, some general steps you may be able to take include:
- Trying to maintain your normal life as much as possible;
- Avoiding any activity that could lead to further government scrutiny or reduce your chances of negotiating a favorable plea;
- Continuing to think about your defense and maintaining open lines of communication with your attorney;
- Preparing for trial by learning more about your case; and
- Making sure you do not discuss your case with anyone but your attorney.
Q: Is Dr. Oberheiden available to represent me?
Yes. Dr. Oberheiden is actively taking new cases in federal district courts around the country. Whether you recently received a trial date or you need emergency legal representation, Dr. Oberheiden is available when and where you need him. Dr. Oberheiden provides free and confidential case assessments, and your first step is to request an appointment with an experienced an aggressive criminal defense trial lawyer at Oberheiden, P.C.
Request a Free and Confidential Case Assessment
To schedule your free and confidential case assessment with Dr. Oberheiden, a highly regarded criminal defense trial attorney, please call (214) 469-9009 or contact us online. You can reach us 24/7. And if Dr. Oberheiden is not available immediately, he will be in touch as soon as possible.