On December 18, 2018, Acting Attorney General Matthew Whitaker announced a highly controversial ruling banning bump-stocks or similar devices. Specifically, the Department of Justice (DOJ) has amended the regulations of the Bureau of Alcohol, Tobacco, Firearms, and Explosives (BATF) “to clarify that bump stocks and slide-fire devices would be defined as machine guns under the …
Erik Fern Awarded AV Preeminent Rating by Martindale-Hubbell
Berry Law is very proud to announce that Erik Fern has been awarded the AV Preeminent Rating by Martindale-Hubbell. The Martindale-Hubbell peer and client review ratings acts as a benchmark for the legal community to determine the most highly-respected, ethically-sound, and successful attorneys. It is a significant achievement, and Berry Law is excited that another …
Felony Convictions and Your Voting Rights
Being convicted of a felony in the state of Nebraska can have a major impact on many aspects of your life. It can influence your professional license, your right to be issued a passport, your right to possess a firearm, and your right to vote. Before 2005, if you were a Nebraska resident with a …
Defending Marijuana DUI’s in Nebraska
Law enforcement and prosecutors in Nebraska are dedicating more time and resources than ever to arresting and prosecuting drivers suspected of driving under the influence of marijuana. Drivers charged with driving under the influence of marijuana face the same penalties as those charged with driving under the influence of alcohol, including mandatory jail time and …
Minors and the Criminal Justice System
The criminal justice system is a pretty well-known process; however, when a person is under the age of majority (19 in Nebraska and 18 in most other states), it can be a whole new process for not only the minor, but also for the parent. There are a few aspects that can be expected from …
Trafficking Laws in the State of Nebraska
Human trafficking is on the rise around the country, and Nebraska is no exception. Since 2012, there have been 205 reported cases of human trafficking with the peak happening in 2017—with 63 cases. The general term of human trafficking can be split into two distinct categories, labor trafficking and sex trafficking. While they hold different …
Assault on an Officer in Nebraska
While assault in Nebraska can lead to a criminal charge ranging from a misdemeanor to a Class II felony, any physical altercation with a law enforcement officer, emergency responder (e.g., EMT) or most other public service employees will be treated more severely. Assaulting a police officer or other public service employee will result in a …
Procuring Alcohol to a Minor in Nebraska
Criminal charges relating to minors typically have severe punishments, especially when it comes to alcohol or drugs. Often individuals in the presence of minors who have been drinking or are under the influence of alcohol will be charged with procuring alcoholic liquor to a minor. These charges carry severe penalties that can have a lasting …
Involuntary Manslaughter in Nebraska
When thinking of a criminal act such as manslaughter, what usually comes to mind is a person intentionally taking someone’s life in a fit of anger. What is less known is a person can be charged for manslaughter even if the death of the victim was an accident or unintended. This charge is what is …
The Automobile Exception
Individuals on the roadway typically have a basic understanding of what law enforcement can and cannot do as it relates to searching your vehicle. Many people are familiar with the Fourth Amendment. The Fourth Amendment protects citizens from the unreasonable search and seizure of their personal belongings and generally requires the police obtain a warrant …
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