Out of state motorists are often stopped on Interstate 80 for minor traffic violations. While Nebraska drivers stopped for the same infractions are told to wait in the car and a ticket is produced quickly, such often is not the case with out of state motorists traveling through Nebraska. Watch John Berry on KETV NewsWatch …
I’ll Take Constitutional Law for $1000, Alex.
Answer: This clause of the federal and Nebraska Constitutions protects a defendant against three separate abuses: A second prosecution for the same offense after acquittal; A second prosecution for the same offense after conviction; and Multiple punishments for the same offense. Question: What is the Double Jeopardy Clause? In the simplest of examples, the Double …
Nebraska Wage Payment and Collection Act: What Employers Need to Know
One of my greatest loves at the Berry Law is helping small business clients avoid trouble. Often this involves issues of employment law. Many of my small business clients have experienced terminating a problem employee. Recently one of my clients experienced an employee theft and terminated the employee. The employee even admitted to the crime. …
Federal Investigations
Often we receive calls from individuals who have been interviewed by the FBI, DHS, IRS, or another three-letter agency. The person calling us is concerned that he or she may be the target or subject of a federal investigation and feels that he or she may need representation before things get out of hand. Federal …
Anatomy of a DUI Stop
The penalties for a conviction of driving under the influence of alcohol in the state of Nebraska are severe. Many times, good people who have only had a few drinks are stopped and arrested for driving under the influence. The consequences can have a long time impact on things such as employment and insurance costs. …
Lawyers, Guns, and Money
“I was gambling in Havana. I took a little risk. Send lawyers, guns and money. Dad, get me out of this.” Those are lines from “Lawyers, Guns, and Money”, by the late Warren Zevon. The lyrics may make one think of a person willing to do whatever it takes, legal proceedings, violence, or bribery to …
Illegal Search and Seizure: Your Fourth Amendment Rights
Many of us have had contact with law enforcement. For some, these interactions lead to arrests, while for others, no charges are filed. In some cases, police may place a person in their cruiser during a traffic stop, while in others, the individual remains in their own vehicle. The Fourth Amendment of the U.S. Constitution …
Sexual Assault Allegations on College Campuses
Within the past year, Berry Law has represented faculty and students at universities who were accused of rape. In both instances, a Federal Title IX hearing was held and the University officials found by a preponderance of the evidence that the accused engaged in sexual misconduct. In both cases, criminal charges were never filed. While …
Interstate 80 Drug Stops
Throughout Interstate 80, individuals driving cars with out of state plates are stopped, taken to the police car to be questioned, and eventually their cars are searched. Sometimes the search occurs with consent. Sometimes the search occurs without consent. Often individuals who have been stopped by law enforcement and his vehicle searched without consent complain …
Recent Discovery Trends for DUI Cases
For many years, prosecutors have possessed an unfair advantage in the area of investigative resources. Having an unlimited budget has allowed prosecutors to use inexhaustible resources in finding every possible shred of evidence that might be remotely related to a criminal investigation. That unfair advantage is gradually shifting and balancing to give defendants more tools. …