REPRESENTATION IN FEDERAL AND STATE CRIMINAL CASES

 Mr. Heller for more than thirty years has actively and aggressively represented individuals, healthcare professionals including physicians, dentists, chiropractors and podiatrists, corporations and other business organizations in state and federal prosecutions and investigations involving accusations of:

Financial Crimes, including Bank and Mortgage Fraud                      Computer Crimes False Statements and False Claims Perjury Health Care Fraud Obstruction of Justice Bribery and Public Corruption Conspiracy Mail Wire Fraud Insurance Fraud Forgery Foreign Corrupt Practices Act Intellectual Properties Crimes Tax Fraud

Securities Fraud Money Laundering and Currency Structuring Consumer Fraud Environmental Crimes Unfair Competition False Advertising Racketeer Influenced and Corrupt Practices Organization (RICO) Non White Collar Criminal Offenses Murder; Robbery; Assault; Burglary and Vehicular Manslaughter

Mr. Heller also serves as a consultant to corporations and business organizations in respect to compliance with various federal and state criminal and quasi-criminal regulatory matters.

Mr. Heller has actually tried cases to verdict and has gained an outstanding reputation in California and in other states for professional competence and integrity.  When confronted with the potential loss of liberty and/or huge monetary penalties it is important to have an attorney who understands the criminal justice system and most importantly, has tried cases to verdict as opposed to being a “litigator” with no actual trial experience.  Since 1969, Mr. Heller has tried to verdict multiple high profile criminal case and has successfully represented clients in several thousand criminal cases that have ended in favorable settlements and/or dismissals. The ability to assess and evaluate the facts in a case in relationship to the accusations filed or threatened is an absolutely crucial component of providing competent representation and advice to a client.

For Representative Reported Decisions in Federal Courts please click on the link below:

 

REPRESENTATION ON APPEAL IN THE CALIFORNIA AND FEDERAL APPELLATE COURTS

Mr. Heller also represents defendants on appeal from criminal convictions in the state and federal court's of California.  It is critically important to have an experienced criminal lawyer with years of trial experience and actual appellate experience, examine a trial transcript for errors that might be a basis for overturning a conviction.  Overturning a conviction on appeal is difficult and the only chance of success is identifying serious errors of law that might result in a reversal. 

In respect to criminal appeals it is often times beneficial to have a new and experienced criminal appellate lawyer examine a trial transcript to advise clients and their families of the potential success of an appeal of a guilty verdict; particularly, since on appeal the presumption of innocence no longer applies and the evidence in the trial record is examined by an appellate court in a light most favorable to upholding the verdict.  Overturning factual findings is very difficult; however, questions law can be considered even without trial objection if an error of law violates a statutory and/or constitutional right(s). 

Mr. Heller’s extensive trial experience combined with his appellate experience makes him well qualified in recognizing serious errors of constitutional and substantive law which might invalidate a conviction.  Every trial transcript will have errors because no trial is perfect, but only errors that implicate a fair trial and/or result in a miscarriage of justice result in a reversal.  

Another reason for a fresh unbiased examination of a trial record is that some lawyers are reluctant to admit their own short comings as a trial lawyer and a fresh look at a case may raise the issue of the ineffective assistance of trial counsel which might be a basis for overturning a conviction.

BEWARE

There are unscrupulous lawyers who advertise that they handle federal and State criminal appeals and have never had a reported case or represented a person on a federal appeal.  Experienced and ethical lawyers have no hesitancy in providing a copy of an appellate brief that has been filed or examples of their work product.  

 

CONFIDENTIAL SECOND OPINIONS IN CRIMINAL CASES

Often times a fresh look at a case provides an opportunity to confirm a difficult opinion and recommendation or the occasion here a different approach that might lead to a more favorable outcome. Mr. Heller has for many years been providing confidential second opinions on pending criminal accusations and investigations to defendants and the family of defendants who find themselves or loved one enmeshed in the criminal justice system.