Almost all evidence that the State presents against a criminal defendant is prejudicial. In determining whether the evidence is admissible, the Judge must decide whether the evidence the government wishes to present is unfairly prejudicial. The basic rule is that when a jury decides a criminal case, the decision should be based only on whether …
SOLICITATION OF PROSTITUTION STINGS
In the past month, there have been a couple of solicitation of prostitution sting operations in Lincoln, Nebraska. The sting operations in Lincoln are similar to others in Omaha, throughout Nebraska, and the rest of the United States. During these sting operations, a law enforcement officer will pose as a prostitute on an internet site …
Prolonged Traffic Stops Not Permitted in Drug and Cash Seizure Cases
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 …
Helping Your Criminal Defense Lawyer Win Your Case
In criminal cases, while many of the decisions belong to the lawyer, several decisions belong to the client. The client gets to decide the following: Whether to plead guilty or not guilty. Accept a plea bargain. Waive jury trial. Testify at trial. Appeal. These are important rights and while the attorney will advise the client …
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 …
Encounters With Cops
Many of us have had contact with law enforcement. For some people, interactions with cops have led to arrests, and for some people, no arrest. Sometimes when stopped for a minor traffic infraction, police may place a person in their cruiser; other times, a person may stay in the driver’s seat of their own car. …