Fritz Scheller -
Attorney at Law —

 Trials and Appeals

Original trials in which a defendant has not yet been convicted make up the bulk of the cases handled by Fritz Scheller Law. However, appeals — in which a defendant who’s been convicted seeks to overturn or modify a  conviction or sentence — also constitute a substantial portion of the firm’s practice.

Fritz Scheller Law has submitted appeals all the way up to the U.S. Supreme Court, which hears just 1% of the cases submitted.

 

Appeals

Pursuing an appeal is very different from defending a client in an original trial. There’s already been a conviction and your attorney is looking for mistakes made by the judge in the original trial that could convince a panel of appeals judges to overturn the conviction or modify the sentence.

Spotting these mistakes takes both extensive knowledge of applicable law and lengthy trial experience.

But not all good trial lawyers make good appeals attorneys. A good trial lawyer has to think on his feet and work the perceptions and emotions of a jury. Appeals are heard not by juries but by hardened, seasoned judges. It requires the willingness to do a week’s worth of research on a single point and then write 100 detailed pages of analysis compelling enough to a trained legal mind to overturn or reverse the trial court’s decision.

Appeals in Federal courts are the most difficult. They require not only a high level of legal scholarship but also a high level of writing ability. Federal appeals judges pick apart motions word by word.

 

Federal Prosecutions

It’s scary when you’re staring down the barrel of a Federal prosecution. The Federal government has extraordinary investigators and skilled prosecutors who win 98% of the cases they bring to trial.

We’ve won 60% of the Federal trials we’ve defended — a success rate that’s 30 times the average.

If you believe that you’re the target of a Federal investigation, you need to consult an experienced attorney immediately: Your liberty and your economic well-being are in serious danger.

Fritz Scheller Law is very experienced in defending clients from Federal prosecutors, and is especially skilled in arguing mitigation — a critical specialty in Federal cases.

 

White Collar Crimes

These are primarily economic crimes committed in the course of running a business or practicing an occupation. Fraud, bribery, Ponzi schemes, insider trading, embezzlement, cybercrime, copyright infringement, money laundering, identity theft, and forgery are all considered white collar crimes.

Although usually not associated with violence, the effects on the victims can be just as severe as a physical attack. For this reason, law enforcement and prosecutors treat these offenses very seriously. These crimes are notoriously difficult and costly to prosecute — and defending yourself against an allegation of white collar crime can be just as difficult.

If you’ve been charged with a white collar crime you should call an attorney experienced in defending white collar cases as soon as you know you’re being investigated.

Beginning your defense before you’ve been charged gives you the best chance of achieving a favorable outcome.

Fritz Scheller Law is superbly equipped to investigate and defend you when you’ve been charged with a white collar offense.

 

Business Violations

Business can be charged with violations of administrative and civil regulations. They can also be charged with crimes, and when that happens, the owners, officers and investors are often the targets of criminal prosecution. Like white collar crimes, business violations can be complex and highly technical.

 

IRS Tax Cases

The Internal Revenue Service administers the Federal tax code, which has grown to about 75,000 pages of regulations. The chance that you may run afoul of something on one of those pages is pretty high. However, most people are never investigated or prosecuted for minor violations.

However, if the IRS targets you, you’re in for a fight. The IRS can levy civil penalties, charge you with criminal offenses, freeze assets, confiscate property and bank accounts and bankrupt you with enormous fines.

And that’s for making an error through negligence.

If the IRS believes you intentionally defrauded the government, it may charge you with a crime. It was a Federal auditor who took down famous mobster Al Capone in the 1930s after prosecutors had tried and failed to convict him on a variety of other charges. Convicted of tax evasion, he spent eight years in a Federal penitentiary.

If you’re being investigated by the IRS, you need to speak to an attorney experienced in tax prosecutions immediately.

Drug Offenses

If you’re found guilty of the manufacture, possession, transport or sale of a prohibited substance such as cocaine, methamphetamine, oxycodone or marijuana you will likely face harsh punishment: incarceration in a state or Federal jail, stiff fines, forfeiture of property and loss of professional licenses or accreditations.

A skilled attorney who knows how the courts apply the law in drug cases is essential success in defending yourself against these charges.

 

Firearms Offenses

Especially for those with previous criminal records, firearms charges are extremely serious.

If you’re a convicted felon, it is illegal for you to possess a firearm. Even if you legally possess a firearm, if you’re convicted of having that weapon while engaged in drug trafficking or committing a violent crime (a 924c charge) it can increase increase your sentence from an additional five years up to life in prison.

 

Battery

There are varying degrees of charges that can be brought in the area of battery, but it generally involves touching another person with the intent of being offensive or causing harm. The simplest cases are usually classified as misdemeanors while more serious cases — such as when the victim is permanently injured — are felonies.

 

Immigration Removal Proceedings

If you’re not a United States citizen you may be subject to administrative proceedings that could result in you being forced to leave the U.S. Formerly known as deportation, the process is now called removal. Typical causes for removal proceedings might be if your visa has expired and you have not left the U.S., or you’ve committed crimes in the U.S. during your residence. Immigration law is highly technical, and the hearings are held before an administrative law judge appointed by the Department of Homeland Security (DHS).

If you’re facing removal, your attorney should be intimately familiar not only with the law but with the intricate steps of the administrative hearing and the removal process.

 

Human Growth Hormone / Steroids

Human Growth Hormone (HGH) and anabolic steroids have come under intense scrutiny by state and Federal prosecutors. In addition to the headline cases involving athletes, many cases have been brought against compounding pharmacies and others.

Unlike most other drug cases, the use of HGH and steroids is prosecuted under the Food, Drug and Cosmetic Act rather than the Controlled Substances Act. If you’ve been charged with trafficking or sale of Human Growth Hormone (HGH) or steroids, you need an attorney with experience not just with drug cases, but with HGH/steroid trials.

Fritz Scheller Law has successfully defended complex cases alleging the sale of HGH and has experience with the intricacies of these cases.

 

Child Pornography

Child pornography is illegal contraband under federal law, which defines child pornography as any visual depiction of sexually explicit conduct involving a minor (someone under 18 years of age).  There are also state statutes banning the making, selling and possession of child pornography. Penalties are severe. If you’re charged with violating the Federal statute — which may require nothing more than using a computer that was shipped from out of state — you’re facing a minimum 5 to 15 years for a first offense and substantial fines for possession and up to 30 years for producing child pornography.

Visual depictions include photographs, videos, digital or computer generated images indistinguishable from an actual minor, and images created, adapted, or modified, but appear to depict an identifiable, actual minor.  Undeveloped film, undeveloped videotape, and electronically stored data that can be converted into a visual image of child pornography are also deemed illegal visual depictions under federal law.
           The legal definition of sexually explicit conduct does not require that an image depict a child engaging in sexual activity.  A picture of a naked child may constitute illegal child pornography if it is sufficiently sexually suggestive.

INVESTIGATION

A successful defense always begins with thorough investigation. What did law enforcement miss or ignore in their investigation? What did prosecutors misinterpret? Fritz Scheller Law employs expert investigators, including former FBI agents, who have the skills and the determination to find the facts.

LITIGATION

When the facts are known, it’s time to build a defense that’s solidly grounded in the law and the events that led to your accusal or conviction. Especially in Federal court and in appeals courts, emotional pleas will not succeed. Your attorney must effectively present a compelling reason under the law to dismiss or defeat the charges against you.

MITIGATION

In cases where the prosecution’s evidence and arguments are strong, it may not be possible to defeat the charges. Especially in Federal court, it’s the defense’s obligation to present evidence that mitigates the offense. Why did the defendant commit the crime? Are there extenuating circumstances — sickness, a dependent spouse, history of charitable work — that might sway a judge to hand down a more lenient sentence?