When you are seeking VA disability benefits, there are a number of levels in the appeals process, and each one is slightly different. Here is a brief overview of what you might expect: • Regional Office with a rating specialist: this is where most veterans first start out after making a new claim. Typically, when …
WHAT IF IT WAS AN ILLEGAL SEARCH? | THE EXCLUSIONARY RULE
“…if you get stopped by a cop in Amsterdam, it’s illegal for them to search you. I mean, that’s a right the cops in Amsterdam don’t have.” Vincent Vega, Pulp Fiction. While I do not know if Mr. Vega’s comment about the rights of law enforcement in Amsterdam is accurate, it raises the question: What …
Warrantless Searches
For the most part, the Fourth Amendment to the United States Constitution indicates that searches by the government conducted without a warrant are not legal. Specifically, the Fourth Amendment provides: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and …
Federal Drug Sentences May Be Reduced
Approximately 6,000 inmates are set to be released between October 30th and November 2nd, 2015, as the result of recent changes to the US Sentencing Guidelines. If you or a loved one has been found guilty in Federal court and incarcerated as a result of an interstate drug stop, drug conspiracy, distribution of a controlled …
Dependents’ Benefits
A veteran who has a combined total rating of at least 30 percent can receive additional monthly compensation for his or her dependents. Sometimes, there’s confusion about how to claim dependents, or how to establish that a veteran has dependents. Here’s a quick guide in applying for dependents’ benefits. A “dependent” can be a spouse, …
New Legislation Possible for “Blue Water” Navy Veterans
The recent Court of Appeals for Veterans Claims (CAVC) decision opened the door for more “blue water” Navy veterans to receive service-connections for disorders related to Agent Orange exposure. However, there have been some recent developments that might open that door even wider. News reports are now suggesting that more Navy veterans might have been …
When Should a Defendant Testify?
In any criminal case, the defendant has the right to testify and the right not to testify. If a defendant chooses not to testify, the fact that the defendant did not testify cannot be held against him in court. Furthermore a defendant in a criminal case is entitled to a jury instruction which informs the …
Sentencing in Federal Court
Most people have a basic understanding of the process involved to determine a sentence for a person convicted of a crime. In most state courts, a judge imposes a sentence based upon parameters set by the legislature. As an example, in the State of Nebraska, a Class III felony is punishable by a term of …
Defending People Charged with Internet Crimes
According to reports published by the United States Federal Government, in the mid-1980s, trafficking of child-pornography within the United States was nearly eradicated through successful campaigns by federal and state authorities. In the 1980’s, producing child pornography was difficult and expensive, however, with the advent of computers and the internet, child pornography has become easier to acquire, …
John Berry Interviewed by KETV in Drug Cash Seizure Case
John Berry was featured in a story on KETV NewsWatch 7 yesterday, “Charges dropped in suspected Lancaster County drug stop.” He was interviewed in connection with a case in involving suspected drug money seized after a traffic stop. Berry Law is one of the leading criminal defense firms in Nebraska for drug and cash seizure …
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