Attorney Mark J. O’Brien

WHAT IS O’BRIEN HATFIELD?

O'Brien Hatfield, is a criminal defense law firm that focuses on nationwide federal criminal defense and statewide criminal defense and criminal appeals.

Attorney Mark J. O'Brien is the firm's founder and managing partner. He handles federal criminal cases in federal criminal courts statewide and in federal criminal courts throughout the United States. Formerly a Miami prosecutor, Mark is now widely lauded by federal judges and federal prosecutors as one of the best federal defense attorneys in the country. Mark is so in demand that his office is often an airplane with a WiFi connection. Despite reaching such great heights, Mark still treats each case with the same enthusiasm and energy as he did his first (even though he has practiced law for over twenty-five years). 

Attorney Victoria E. Hatfield is an equity partner who defends state court and county court criminal cases. Victoria has achieved not guilty verdicts and won motions to dismiss and motions to suppress in just about every area of the state. If you need the best, Victoria will stand by your side. A 5-4 pit bull in high heels. Prosecutors hate to see her coming, but they love to watch her leave. Sadly for prosecutors, it is usually with yet another victory notch on her luxury belt.

Olivia M. Goodman is a partner. Olivia is in charge of the firm's criminal appellate division. She has filed over a hundred criminal appeals, achieving success after success for all of her satisfied clients. She doesn’t just practice law; she involves her clients in the process. If you give her a trial transcript, WestLaw, and a few days in front of her computer, Olivia is where guilty verdicts go to die. You don’t believe us? Please review our appellate results. They read like a graveyard of overturned convictions. 

O’Brien Hatfield has a support staff of paralegals, legal assistants, and private investigators. We have multiple office locations throughout the state and the country. We have the resources necessary to leave no stone unturned - and an unmatched desire to win. 

WHO IS FEDERAL CRIMINAL DEFENSE ATTORNEY MARK J. O’BRIEN?

Mark J. O’Brien, Esquire is a nationally recognized Federal Criminal Defense Attorney with over 25 years’ experience in criminal courts all throughout the country. After beginning his professional career as a Miami, Florida prosecutor in the late 1990’s, Mr. O’Brien organized his own law firm in 2002 based upon the professional lessons he learned to that point in his life with the goal defending those accused of federal crimes with a mix of old school values and new school ideas.

During first decade in private practice from 2002 to 2012, Mr. O’Brien defended individuals and corporations charged with federal crimes throughout federal criminal courts in Florida. From 2012 to the present, Mr. O’Brien has accepted the defense of clients in federal criminal courts throughout the entire country, in addition to his previously established practice in all federal courts in Florida. Case after case, success after success, in federal court after federal court, all throughout the country, has resulted in a growing legacy. To put it simply, Mr. O’Brien wins and, as a result, he is a lawyer in demand.

Mr. O’Brien grew up in New York, attended law school near Philadelphia, Pennsylvania, and started his career in Miami, Florida. There is nothing he has not seen, done, or dealt with in and/or out of a criminal courtroom. New York raised, Philly tough, and Miami tested, Mr. O’Brien brings his 25 years of federal criminal court experience to those accused of federal crimes in federal criminal courts throughout the nation. Mr. O’Brien has the resources, both in his team and in his experience and his training, to tackle your federal criminal case and accomplish the only objective that matters: Win.

A FEDERAL CRIMINAL DEFENSE ATTORNEY WITH A FEDERAL CRIMINAL DEFENSE TEAM

In addition to his experience and training, Mr. O’Brien has built a full Federal Criminal Defense Team to assist him in defending his clients. Mr. O'Brien believes in hiring the best people to help him do his job. Similar to his role as a former prosecutor, Mr. O’Brien hired people who used to work in various federal law enforcement capacities. It is important to stay one step ahead of the other side. The only true way to accomplish this goal is to have done what the other side is going to do.

As a result, Mr. O'Brien supplements his experience and training with others who have very specific sets of skills. This includes a former Drug Enforcement Agency (DEA) Federal Special Agent, a former Internal Revenue Service (IRS) Criminal Investigation Division Federal Special Agent, a former United States Probation Officer, and a former law enforcement detective. Together, these four individuals have over 100 plus (over 25 years each) combined years’ experience in federal and state criminal courts throughout the country.

Once the above individuals are added to his 25 years of prosecutorial and federal criminal defense experience, Mr. O'Brien's team has well over a 125 combined years of federal and state criminal court experience to help you through this precarious time in your life.

FEDERAL CRIMINAL DEFENSE

The United States Constitution guarantees every individual the right to a fair trial and the presumption of innocence until proven guilty. This fundamental principle is upheld in federal criminal defense, where Mr. O’Brien works tirelessly to protect the rights of the accused.

The role of a federal criminal defense attorney is to provide legal representation to individuals charged with federal crimes. These crimes can range from drug trafficking and white-collar crimes to terrorism and espionage. The stakes are high, as a conviction can result in lengthy prison sentences, hefty fines, and a criminal record that can follow an individual for the rest of his or her life.

One of the key arguments in favor of hiring Mr. O’Brien for your federal criminal defense is the importance of protecting the rights of the accused. The Constitution guarantees the right to a fair trial, which includes the right to legal representation. Without a skilled attorney like Mr. O’Brien, a federal defendant may not fully understand their rights or the legal process, which can lead to an unfair trial and an unfair result.

Another argument in favor of hiring Mr. O’Brien is the need to ensure that the government follows due process. The government has vast resources at its disposal, including federal and state law enforcement agencies and prosecutors. A skilled defense attorney like Mr. O’Brien will level the playing field by challenging the government's evidence and ensuring that you are treated fairly.

White collar crime is a term used to describe non-violent crimes committed by individuals in positions of power or trust, typically in the business or financial sectors. These crimes can include fraud, embezzlement, insider trading, and money laundering, among others. When accused of such crimes, individuals often seek the white collar criminal defense services of Mr. O’Brien to represent them in federal criminal court.

Mr. O’Brien’s role is to protect the rights of his clients and ensure they receive a fair trial. This can involve challenging the evidence presented by the prosecution, negotiating plea deals, and presenting a strong defense case. In many cases, wherein trial is not the best option, Mr. O’Brien will work to mitigate the potential consequences of a conviction, such as fines, restitution, and most importantly imprisonment.

One of the key arguments in favor of retaining Mr. O’Brien is that everyone is entitled to a fair trial, regardless of the nature of the crime they are accused of committing. This is a fundamental principle of the American justice system, and it is the responsibility of the defense attorney to ensure that this principle is upheld. Additionally, Mr. O’Brien can help to prevent wrongful convictions by challenging the evidence presented by the prosecution and presenting a strong defense case with his federal criminal defense team.

Federal criminal defense attorney Mark J. O’Brien is a crucial component of the American justice system. He ensures that the rights of the accused are protected, and that the government follows due process. While the stakes are high, a skilled federal criminal defense attorney like Mr. O’Brien can make a significant difference in the outcome of a federal case.

Why play games with your life?

AREAS OF FEDERAL CRIMINAL PRACTICE

Mr. O’Brien handles all federal criminal court areas of practice, including but not limited to:

Federal White Collar Criminal Defense

• Tax Fraud
• Mail Fraud
• Wire Fraud
• Bank Fraud
• Mortgage Fraud
• Securities Fraud
• Medicare Fraud
• Health Care Fraud
• Bribery
• IRS Issues
• Identity Theft
• Embezzlement
• Insider Trading
• Ponzi Schemes
• Money Laundering
• Sarbanes Oxley
• Conspiracy to Commit a Federal White Collar Crime
• All Other Federal White Collar Crimes

Federal Sex Crimes Defense

• Child Pornography Possession Offenses
• Child Pornography Production Offenses
• Child Pornography Transportation Offenses
• Child Pornography Distribution Offenses
• Child Pornography Receipt
• Sex Trafficking Offenses
• Conspiracy to Commit a Federal Sex Crime
• All Other Federal Sex Crime Offenses

Drug Crimes, Gun Crimes, Conspiracy Crimes, and General Federal Criminal Defense

• Gun Offenses
• Drug Offenses and Trafficking
• Crimes of Violence
• Conspiracy to Commit a Federal Crime
• All Other Federal Crimes

Federal Grand Jury Investigations and Pre-File Criminal Investigations

• Target of a Federal Grand Jury Investigation
• Subject of a Federal Grand Jury Investigation
• Witness of a Federal Grand Jury Investigation
• SEC, FBI, HSI, DEA, ATF, CIA, and NSI Investigations

ATTORNEY MARK J. O’BRIEN HAS NATIONWIDE FEDERAL CRIMINAL COURT EXPERIENCE

Mr. O’Brien has been a member of the Bar of the State of Florida and the Bar of the Commonwealth of Massachusetts since 1998. He has been a member of the Bar of the State of Montana since 2023.

In addition, he is a member of the Supreme Court of the United States, the Supreme Court of the State of Florida, the Massachusetts Supreme Judicial Court, the Montana Supreme Court, and he has appeared as a member or a pro hac vice member before the following federal district courts:

• United States Court of Appeals for the First Circuit
• United States Court of Appeals for the Second Circuit
• United States Court of Appeals for the Ninth Circuit
• United States Court of Appeals for the Eleventh Circuit
• United States District Court for the Northern District of Alabama
• United States District Court for the Eastern District of Arkansas
• United States District Court for the Central District of California
• United States District Court for Connecticut
• United States District Court for the Southern District of Florida
• United States District Court for the Middle District of Florida
• United States District Court for the Northern District of Florida
• United States District Court for the Southern District of Georgia
• United States District Court for the Middle District of Georgia
• United States District Court for the Northern District of Georgia
• United States District Court for the Southern District of Illinois
• United States District Court for the Southern District of Indiana
• United States District Court for the Eastern District of Kentucky
• United States District Court for Massachusetts
• United States District Court for the Western District of Michigan
• United States District Court for the Southern District of Mississippi
• United States District Court for the Western District of Missouri
• United States District Court for Montana
• United States District Court for the Southern District of New York
• United States District Court for North Dakota
• United States District Court for Northern District of Oklahoma
• United States District Court for Rhode Island
• United States District Court for the Eastern District of Texas
• United States District Court for the Western District of Texas
• United States District Court for the Northern District of Texas
• United States District Court for the Eastern District of Virginia
• United States District Court for the Eastern District of Washington
• United States District Court for the Western District of Washington
• United States District Court for the Southern District of West Virginia

If you are being investigated and/or prosecuted by federal agents and/or federal prosecutors and are need of a Federal Criminal Defense Attorney – and a Federal Criminal Defense Team – anywhere in the United States of America, all Mr. O’Brien needs is a Wi-Fi Password and a plane to defend you.

WHO IS CRIMINAL DEFENSE ATTORNEY VICTORIA E. HATFIELD?

Victoria E. Hatfield, Esquire is an equity partner at O’Brien Hatfield, and is a renowned state court criminal defense attorney in the State of Florida. She defends individuals accused of state court crimes in every county court and circuit court in the State of Florida.

Over the course of her nearly fifteen year legal career Ms. Hatfield has accomplished more than many of her colleagues (most of them much older and male by the way) will accomplish in a lifetime of practicing law. From successful motions to suppress and motions to dismiss to trial acquittals to numerous appellate victories to a groundbreaking ruling in her favor by the Florida Supreme Court, she just flat out wins. Find a criminal lawyer in the State of Florida who has won at all of the following levels: The Florida Supreme Court, District Courts of Appeals, and Circuit and County Criminal Courts. Here are a few examples of her successes.

Florida Supreme Court

State v. Dean Shelley, Hillsborough County, 2011-CF-11428, Shelley v. State, 134 So.3d 1138 (Fla. 2d DCA 2014), State v. Shelley, 176 So.3d 914 (Fla. 2015)

Ms. Hatfield filed a motion to dismiss in Mr. Shelley’s case based on double jeopardy grounds. The trial court denied all motions. Undeterred, Ms. Hatfield appealed to the Second District Court of Appeals and won. The State of Florida, also undeterred, appealed her victory to the Florida Supreme Court. After filing her appellate brief and participating in oral arguments at the Florida Supreme Court, the Florida Supreme Court ruled in Ms. Hatfield’s favor and upheld her lower court victory. As a result of her litigation, the offense of “soliciting a minor after using computer services” is a lesser included offense of “traveling to meet a minor after using computer services.” Because of Ms. Hatfield no person in the State of Florida can be convicted of both offenses stemming from the same course of conduct.

District Courts of Appeals

State of Florida v. Max Garcia, Sarasota County, 2016-CF-10182, Garcia v. State, 286 So.3d 348 (Fla. 2d DCA 2019)

After defending himself while being attacked, Max Garcia was charged with Aggravated Battery and faced fifteen years in prison. The trial court denied Ms. Hatfield’s “stand your ground motion”, in which she argued Mr. Garcia was immune from prosecution because he was acting in self-defense. After the denial, the case was set for trial. Ms. Hatfield immediately filed a Writ of Prohibition to the Second District Court of Appeals, the case was paused, and the trial was stopped. Ultimately, the Second District Court of Appeals agreed with Ms. Hatfield and reversed the lower court’s denial of the “stand your ground motion”. Mr. Garcia remains a free man today. And this case is cited by defense attorneys all across the State of Florida to free their clients, Ms. Hatfield did not save one man with this case. She saved thousands.

Trial Victories

State of Florida v. Steven Eargood, Hillsborough County, 11-CF-18990

Steven Eargood was accused of sexually battering a child family member and faced decades in prison and a lifetime sexual offender registration. He denied wrongdoing from the start, but his public defender did not believe him. He hired Ms. Hatfield. Ms. Hatfield brought the case to trial and obtained a complete acquittal (i.e., not guilty verdicts) on all charges in a little over an hour.

Motions to Suppress

Daniel Diner, Hillsborough County, 2016-CF-13503

Daniel Diner was charged with ninety-nine counts of possessing child pornography and faced 1,485 years in the Florida State Prison. Ms. Hatfield filed a motion to suppress arguing an unlawful search and seizure. The trial court agreed and granted her motion. Case dismissed.

Case Dismissals

Eliezer Tejada, Lake County, Case Number 20-CF-1261

Eliezer Tejada was falsely accused of participating in a sophisticated organized fraud operation involving the theft of laptops from UPS delivery trucks. Ms. Hatfield filed a motion to suppress the unlawful out of court identification of Mr. Tejada. Rather than lose the motion, prosecutors dismissed Mr. Tejada’s case.

Victor Williams, Hillsborough County, 23-CF-5807

Victor Williams was charged with trafficking over twenty-five pounds of cannabis. He faced thirty years in Florida State Prison. Ms. Hatfield filed a motion to suppress arguing an unlawful search and seizure, which was granted by the trial court. Rather than lose, prosecutors dismissed Mr. Williams’ case.

State v. Juan Macias, Marion County, 2010-CF-3819

Juan Macias was charged with Trafficking in Methamphetamine and faced thirty years in Florida State Prison with a fifteen year prison minimum mandatory term. Mr. Macias was hired to drive a car from Texas to Florida. Unknown to him, the car had a hidden compartment wherein over 200 grams of methamphetamine was hidden. Mr. Macias was essentially a blind mule and maintained his innocence throughout the duration of the case. Ms. Hatfield convinced prosecutors to dismiss the case just prior to trial.

ATTORNEY MARK J. O'BRIEN AND HIS CRIMINAL DEFENSE TEAM AT O’BRIEN HATFIELD ONLY REPRESENT INDIVIDUALS AND COMPANIES BEING INVESTIGATED FOR OR ACCUSED OF COMMITTING STATE AND FEDERAL CRIMES.

• THEY DO NOT FILE LAWSUITS. 
• THEY DO NOT HANDLE CIVIL CASES. 
• THEY DO NOT REPRESENT VICTIMS OF CRIME.
• THEY DO NOT REPRESENT VICTIMS OF FRAUD.
• THEY DO NOT SUE INDIVIDUALS OR COMPANIES.
• THEY DO NOT REPRESENT VICTIMS OF BANK FRAUD.
• THEY DO NOT REPRESENT VICTIMS OF CREDIT CARD FRAUD.

IF YOU BELIEVE YOU ARE A VICTIM OF A CRIME, YOU WANT TO SUE SOMEONE, OR YOU NEED ASSISTANCE IN A CIVIL CASE, PLEASE CALL YOUR LOCAL BAR ASSOCIATION FOR AN ATTORNEY REFERRAL PROGRAM. PLEASE DO NOT CONTACT MR. O'BRIEN. HE REGRETS HE WILL NOT BE ABLE TO ACCEPT YOUR CASE.