How We Defend Our Clients
By Former Federal Prosecutor
Lynette S. Byrd & Dr. Nick Oberheiden
As a former federal prosecutor, I know first hand how intimidating and stressful it can be to find oneself in the middle of a criminal investigation. After all, I used to have the power and authority as an Assistant United States Attorney (AUSA) working for the Department of Justice to initiate, pursue, and prosecute those very types of matters on behalf of the government. Today, I am on the “other” side; that is, I am on your side and we want all our clients to benefit from the valuable insights I learned during my tenure as a government official.
From the perspective of a defendant, most cases start with an arrest. Undoubtedly, there are many things you can do wrong when facing criminal charges. By far the worst thing you can do is to discuss your case with law enforcement when you get arrested. Don’t be fooled. Even though police officers try everything to engage you in a conversation and tease you with phrases such as “we will help you” or “do what’s right, tell us what happened,” they are really not on your side. Their job is it to elicit incriminating statements that can and will be used against you later in court. What you actually should do is to remain polite and quiet. Remaining silent is your constitutional right. Use it! Before answering any questions, wait until you have retained an experienced lawyer who knows what to do and what to say.
Clients often ask us: Is it safe to use my phone? Am I being wiretapped? Is the government reading my emails? Can I discuss my case with my wife? Should I tell my friends? Do I need to inform my employer? The answer to these questions is simple: do not discuss your case with anyone and pretend that everything that you say or type can be produced and held against you. Clearly, the government does not wiretap every suspect in every case. Nonetheless, the government can and will confiscate or subpoena records such as text messages, emails, and letters not just from the suspect directly but also from people communicating with a suspect. We always advise to be extremely careful to not share details of your case with anyone, including spouses, until approved by your lawyer. The impact of a carelessly written text message, a social media post, or a self-incriminating statement made to a friend can be devastating and cannot be undone. Get a new phone, get a new phone number, get a new email address, and communicate wisely while under investigation.
How Can Attorneys Help?
The primary function of a criminal attorney is to explain the justice process to you and to identify the best defense option in your case. In fact, a criminal defense attorney is the only person that you can talk to freely and without any fear of repercussions because all communications between you and a criminal defense attorney are privileged and confidential. As long as you don’t share the contents of your attorney-client conversations with anyone else— and thereby waive your right to confidentiality— no one is ever entitled to know what was said or discussed at the law office. Thus, in such a confidential environment, your attorney can listen to your side of the story, hear the facts from you, can tell you what to expect, assess the likelihood of jail or prison, predict the chances for dismissal, advise for or against a plea deal, outline how to fight the charges, and explain how the decisions you make in your defense strategy could affect you long term. Furthermore, experienced defense lawyers will be able to share how previous cases against your prosecutor ended or what habits and rituals the presiding judge in your case may have.
In order to prevail in a criminal investigation, you need two things: experienced counsel and trust. Dismissals and favorable resolutions don’t happen automatically. They are based on hard work, dedication, and constant interaction between lawyer and client. For these reasons, at the Oberheiden & McMurrey, LLP, you will never deal with paralegals, secretaries, or junior lawyers. Our service is personal, dedicated, and committed. From the day you contact us, you will receive a direct line phone number to experienced lawyers that can actually answer your questions right when they arise. We believe that it is simply not in your best interest to delegate your case to administrative staff.
The lawyers at Oberheiden & McMurrey, LLP have avoided criminal charges and successfully resolved criminal matters in states across the United States. With decades of service, we understand the federal criminal justice system and we are offering you to benefit from our experience and reputation. Your initial consultation is free and absolutely confidential. Call us today to find out how we can help you. 1-888-727-0472. 1-888-727-0472.