When May Evidence Be Suppressed from Use at Trial?
The exclusionary rule bars prosecutors from using evidence obtained in contravention of a defendant’s constitutional rights as evidence of that defendant’s guilt at trial. Essentially, the exclusionary rule is the mechanism by which defendants can suppress illegally obtained evidence. The exclusionary rule only applies in criminal cases, and its application...
Read moreWhat to Do When Federal Agents Come to Your House
Unless and until you have a defense attorney present, you should never agree to an interview with federal agents. If federal agents visit you unannounced at your home or office, you should politely decline their request to speak with you. Even if the agents assure you that you are not...
Read moreWhat is a Proffer Agreement?
Last Updated: 2023-03-04 Sometimes, the best thing a defendant can do is to cooperate with the government. Our experienced criminal defense counsel at Oberheiden, P.C. advises people to cooperate in one of two situations: First, the evidence against a defendant is so overwhelming that it simply cannot be rebutted. An...
Read moreFunctions and Powers of the Grand Jury
Function. The task of a federal grand jury is to decide whether probable cause exists to believe that a person or entity (referred to as “target” or “subject”) committed a federal offense. A grand jury proceeding can result in either indictment against a defendant or a “no-bill.” In case of...
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