Every defense attorney should know that one of the best possible defenses to a criminal charge or conviction is controlling the message, primarily the message told by the person being investigated for a crime. One of the most common reasons that people are convicted is simply because they do not shut up. We have all …
The Technological Revival of the 4th Amendment
After the passing of the Patriot Act, constitutional scholars bemoaned the demise of the 4th Amendment. See, e.g., Susan N. Herman, The USA Patriot Act and the Submajoritarian Fourth Amendment, 41 Harv. C.R.-C.L. L. Rev. 67, 106 (2006). The right to privacy gave way to protection against terrorism. Several three letter agencies probed us and scrutinized …
Choose Your Friends Wisely
Supposedly there is an old Chinese proverb which says something to the effect of: It is easy to dodge the arrow of an enemy, but difficult to avoid the spear of a friend. I suppose that can be taken to mean that when your friends are pointing out your flaws, which may hurt your feelings, …
Civil Forfeiture or Criminal Prosecution
Generally speaking, the Double Jeopardy Clause of the Fifth Amendment prohibits the one specific government entity from punishing you twice for the same crime. The prohibition prevents the government from imposing a criminal sentence and taking your property. As an example, if somebody is caught with money while traveling through the state of Nebraska, and …
John Berry Speaks at University of Nebraska College of Law
On March 12, 2015, Criminal defense Attorney John Berry spoke to University of Nebraska – Lincoln law students about current criminal defense issues. The talk covered current criminal law issues at the legislature, training and education, and a criminal defense attorney’s courtroom perspective. Berry is currently the president of the Nebraska Criminal Defense Attorneys Association …
NCDAA President Speaks to University of Nebraska Law Students Innocence Project
Criminal Defense Attorney John Berry spoke to University’s Students Innocence Project in March about the latest concerns defense lawyers are facing statewide. Berry, President of the Nebraska Criminal Defense Attorney’s Association (NCDAA), talked about the importance of continuing education and training as well as legislative issues from a criminal defense lawyer’s courtroom perspective. “NCDAA provides …
BUT OFFICER, I CAN EXPLAIN…
You would be amazed at how many people are in jail or prison right now, because they tried explaining their way out of something with a police officer, or someone else accusing them of something nefarious. In cases with no physical evidence of a crime, it can be difficult to obtain a conviction simply based …
HOW DO I KNOW WHEN I NEED A LAWYER?
Yesterday, AMC launched a spin-off of the show “Breaking Bad” which is about a criminal defense attorney and it is entitled “Better Call Saul.” Like most television shows, the program is designed to be entertaining, but not necessarily insightful. However, yesterday’s episode raised a great question: when do I need to hire a lawyer? Sometimes …
Woman Accepts Plea Bargain in Interstate 80 Case
In connection with an October 2013 drug trafficking case, a 24-year-old woman will not be facing federal indictment due to the acceptance of a plea bargain. Her co-defendant was not offered a plea deal and will be facing federal charges for the incident. The duo were arrested after being stopped by Nebraska State Patrol on …
Attorney General Holder Limits Seizure of Assets in Drug Cases
Over the past 5 years, federal forfeiture cases in Nebraska resulted in over $4.6 million in seized assets. Forfeiture is the loss of property as a penalty for wrongdoing. In drug cases, money and property that are connected to the drug trade can be taken by police in connection with an arrest, even if the …