criminal intent

What Defendants in East Texas Should Know About Criminal Intent

Dr. Nick Oberheiden, Esq. www.tylercriminallawyer.com Direct: (903) 472-0000 Available on Weekends Relevance.  Criminal intent refers to a person’s mental state at the time he commits a crime.  Intent is one of the elements of a criminal offense and can be a critical factor in determining whether or how to punish a person convicted of a crime. Motive. The concept of intent differs from that of motive.  Whereas motive relates to…

disclose with defense counsel

Evidence Prosecutors Have to Disclose With Defense Counsel

Dr. Nick Oberheiden, Esq. www.tylercriminallawyer.com Direct: (903) 472-0000 Available on Weekends The U.S. Constitution.   As part of a defendant’s constitutional right to a fair trial, the government has an ethical duty to disclose any evidence that is material and exculpatory to the defendant’s case, including evidence the government prosecutor intends to use solely for impeachment. Brady v. Maryland, 373 U.S. 83, 87 (1963).  Evidence is material and exculpatory if there…

pre-trial detention

How to Appeal a Pre-Trial Detention in East Texas

Dr. Nick Oberheiden, Esq. www.tylercriminallawyer.com Direct: (903) 472-0000 Available on Weekends Overview. A defendant’s first appearance in court following an arrest is called an initial appearance hearing.  At the initial appearance hearing, one of five United States magistrate judges for the Eastern District of Texas will determine whether to release the defendant from custody on bond while the trial is pending or to keep the defendant in custody or “pre-trial…

plea agreement

What Should I Do If I Want To Undo My Plea Agreement?

Dr. Nick Oberheiden, Esq. www.tylercriminallawyer.com Direct: (903) 472-0000 Available on Weekends Stuck with a Plea? Sometimes a defendant agrees to a plea agreement either under duress or without fully understanding the consequences of the agreement and only later realizes that the plea bargain was not the best choice under the circumstances.  Although most plea agreements contain language expressly waiving the defendant’s right to an appeal, this waiver does not bar…

proffer agreement

What Is a Proffer Agreement?

Dr. Nick Oberheiden, Esq. www.tylercriminallawyer.com Direct: (903) 472-0000 Available on Weekends Sometimes a criminal defendant’s best choice of action is to agree to cooperate with the federal government through the process of a proffer agreement.  Based on our collective years of experience in criminal law, we often advise clients to consider a proffer agreement when they are caught in either of the two following situations. First, a proffer agreement may…

cocaine charges

What Are the Sentences for Cocaine Charges in East Texas?

Dr. Nick Oberheiden, Esq. www.tylercriminallawyer.com Direct: (903) 472-0000 Available on Weekends When a person has been charged with a federal drug crime, one of the first questions often involves the possible sentence the charge carries in the case of conviction.  Many federal drug offences include mandatory sentencing guidelines and mandatory minimum prison terms.  At Oberheiden & McMurrey, LLP, our attorneys have handled some of the country’s largest federal drug possession,…

hospice fraud defense

Defending Clients Against Hospice Fraud Charges in East Texas

Dr. Nick Oberheiden, Esq. www.tylercriminallawyer.com Direct: (903) 472-0000 Available on Weekends Increase of Prosecutions In the last few years, federal prosecutors have up scaled their efforts in the investigation and charging of hospice owners and affiliated home medical professionals, including nurses, doctors, and other staff members.  These investigations can have serious consequences for the owners and healthcare professionals.  Thus, the sooner effective legal counsel is obtained, the better one’s chances…

Dictionary Entry for Fraud

Defending Hospice Care Fraud in East Texas

Dr. Nick Oberheiden, Esq. www.tylercriminallawyer.com Direct: (903) 472-0000 Available on Weekends Government investigations into hospice fraud are on the rise.  State and federal agencies including the Department of Health and Human Services (DHHS), the Federal Bureau of Investigation (FBI), the Medicaid Fraud Control Unit (MFCU), the Department of Justice (DOJ), and the Office of the Inspector General (OIG) have extended and intensified their oversight of hospices and other home healthcare…

hospice care fraud

Hospice Care Fraud Defense Lawyers in East Texas

Dr. Nick Oberheiden, Esq. www.tylercriminallawyer.com Direct: (903) 472-0000 Available on Weekends The majority of Medicare patients pass away while under the care of hospice providers.  Consequently, the federal government focuses substantial energy on investigating and prosecuting healthcare fraud cases involving hospices.  In recent years, many of the for-profit hospices in East Texas communities have been scrutinized for fraud by various federal agencies. Hospice Care Explained. The purpose of hospice care…

Home Health Aide

What East Texas Home Health Care Centers Should Know About Fraud Investigations

Dr. Nick Oberheiden, Esq. www.tylercriminallawyer.com Direct: (903) 472-0000 Available on Weekends Over the last several years, the Department of Justice (DOJ) has increasingly targeted home healthcare providers and hospice services. Consequently,  investigations into hospice fraud are on the rise across the country, especially in East Texas.  Such investigations may be initiated by the Federal Bureau of Investigation (FBI), the Drug Enforcement Agency (DEA), the Department of Health and Human Services…