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. …
Can I Talk Myself Out of an Arrest?
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 …