Cities Where We Have Practiced

Sample Case Summaries

Whether you are hiring a contractor, broker, or attorney, the bottom line is results. SCHAD & SCHAD are proud of the victories they have been able to obtain for their clients over the years. Here is a sample of some of the results we have obtained:

Fighting Back Saves Time

Fighting Back Saves Time In United States v. Rasheed , M.D. Penn. 1996), the defendant was already charged with drug trafficking conspiracy when he obtained us. The United States Attorney's threatened us to file an enhancement which would increase the sentence to life imprisonment if we didn't immediately plead guilty; instead, we fought them, filing a suppression motion. After the prosecutor saw that we were not backing down, we received a 10 year offer, which the client gladly took. Not capitulating resulted in a favorable decision.

Vacation of State Sentence Provides opportunity for new federal sentence

Vacation of State Sentence Provides opportunity for new federal sentence In United States v. Dalton , W.D.Va. 1998, we represented a defendant who had a criminal conviction in state court overturned. Once that conviction was vacated, we asked the federal judge to resentence the defendant. The Court agreed, and we obtained a new sentencing hearing, where we were able to lower the defendant's sentence by 160 months.

Mere Presence cannot support a Drug Conviction

Mere Presence cannot support a Drug Conviction In United States v. Coppin , 98-4173 (6th C. 2001), the defendant was convicted of conspiracy to possess cocaine (and given a 10 year sentence) based upon his ties to, and presence near, admitted drug traffickers. On appeal, we argued that it was improper to convict without proof that the defendant knowingly joined and participated in the conspiracy, and that his choice of friends was not enough to convict him. The Court agreed, and overturned the conviction, releasing the defendant from prison.

Conviction overturned

Conviction overturned The defendant in the case of United States v. Lawrence , 00-5462 (6th C. 2002) had been convicted of, among other counts, possession of a machine gun modified with a silencer, which increased his sentence by a consecutive 30 years. There was no question but that the weapon was present in his home; however, we argued to the appellate court that the Government had failed to prove the connection between that weapon and the drug trafficking offense. The Court agreed, and vacated the conviction and 30 year sentence.

Conviction Reversed

Conviction Reversed In the case of State of Ohio v. Grant (12th App. Dist. 2004), the defendant had been arrested for a crime which occurred in 1992. Despite this, trial counsel failed to move for dismissal based upon statute of limitations or speedy trial issues. On appeal, Mr. Schad successfully argued that counsel should have made these objections. Based upon Mr. Schads ineffective assistance claims, the Court reversed the convictions of the defendant.

Remanded

Remanded Ineffective assistance claims survive a guilty plea - Mr. Schad successfully argued to the Eleventh Circuit Court of Appeals, in the case of United States v. Chiong, 03-15998-E (11th C. 2004), that the right to counsel survived a guilty plea, even though the defendant had waived his right to file an appeal or a collateral attack under 28 U.S.C. ' 2255. Mr. Schad successfully argued to the Court that if it affirmed the district court, it would mean that after the plea, the defendant lost his right to counsel. The Court agreed with Mr. Schad, and remanded for further proceedings.

Vacation of Sentence

Vacation of Sentence In a Louisiana federal case, we were able to convince the judge to not only lower the sentence, but to credit the defendant time served off of his supervied release. In United States v. Boe , E.D. La 1997), we successfully argued to the court that new marijuana guidelines applied to the defendant's otherwise final sentence, and that he was entitled to resentencing. Upon resentencing, we argued that not only should Boe get out that day, but also that he served too much time, and should get credit off of his supervised release. The court agreed, and granted triple credit off of supervised release for the time served.

Denial of 28 U.S.C. 2255 petition overturned

Denial of 28 U.S.C. 2255 petition overturned The defendant was informed by his counsel, prior to his plea, that if he plead guilty, he was facing 7 years. He took the plea, and was sentenced to 15 years. The defendant filed a 2255 petition, arguing that his plea was invalid. The district court dismissed the petition, and then we were retained to handle the appeal. In United States v. Chapa , 97-50998 (5th C. 1999), the Fifth Circuit remanded for an evidentiary hearing, finding that counsel's failure to properly advise the defendant of the exposure he faced by pleading guilty constituted ineffective representation.

Evidence Suppressed/Case dismissed

Evidence Suppressed/Case dismissed Police sometimes use a variety of excuses to pull over a vehicle to look for illegal activity. In United States v. Townsend , 305 F.3d 537 (6th C. 2002), the police gave a laundry list of information which they contended justified an extended traffic stop and search of the vehicle, including such items as: possession of a Bible, possession of more than one cell phone, the presence of fast food wrappers, and travel to a "drug destination" city (Columbus Ohio). We were successful in arguing that there was not sufficient cause to detain the defendant for over 30 minutes, and accordingly, the suppression of the evidence was proper. The Government was forced to dismiss the indictment.

Resentencing allowed

Resentencing allowed under Booker even though case final in 2003 In United States v. Hernandez , 4:03CR11-RH (N.D. Fl. 2005), we argued that the defendant, whose conviction became final in 2003, was entitled to a new sentencing hearing because his counsel failed to file a requested notice of appeal. The court agreed, and, instead of simply reissuing the judgment so that an appeal could be taken, instead held a new sentencing, where the court reconsidered the sentence in light of Booker.

Re-opening an appeal

Re-opening an appeal In the case of United States v. Funchess, 02-1094 (6th C. 2004), the defendant had filed a 2255 petition one year after his appeal was denied, but within a year of when he could have filed for writ of certiorari. The district court held that the 2255 was untimely and denied it. The Sixth Circuit agreed. However, based upon a new Supreme Court precedent filed a year later, Mr. Schad moved to re-open the appeal, arguing that the 2255 was timely all along. The Sixth Circuit agreed, re-opened the appeal, and remanded to the district court to consider the 2255 petition on its merits.

These cases represent only a sampling of the successes we have had over the years. We would like the opportunity to add your name to the list. Please Contact us .