What to Do After Being in an Auto Accident Everyone knows you are not supposed to apologize or say anything to indicate fault following an accident. However, merely avoiding self-incrimination isn’t enough to protect yourself in the aftermath of a serious collision. Some steps can be taken following the accident that may help you if …
Interstate Cash Seizure
Throughout Nebraska, cars driving down interstate 80 will regularly be stopped by state patrol or a deputy sheriff hoping to uncover or find large amounts of cash in the vehicle or the driver’s possession. These stops are common throughout Lancaster County, Seward County, and York County. Law enforcement will then find cash in the vehicle …
When Can Juveniles Appear in Adult Criminal Court
When Can Children Be Tried as Adults? When a minor commits a serious crime, a court may determine that their actions warrant adult treatment. This may also occur when a minor engages in a pattern of criminal activity which has thus far proceeded unabated by previous penalties, such as placement in juvenile hall, probation, electronic …
How the Good Faith Exception Applies to the Exclusionary Rule
Today Berry Law attorney, John S. Berry argued 4th Amendment issues in front of the Nebraska Supreme Court. The 4th Amendment protects citizens from unlawful searches and seizures. Today’s argument focused on the “good faith” exception to the exclusionary rule. The exclusionary rule states that when police unlawfully seize evidence it cannot be used against the accused at …
Deportation & Drug Possession
Do Drug Possession Charges Provide Grounds for Deportation? Being convicted of a crime can be disastrous for non-citizens living in the United States. Federal immigration officials already have legal grounds to deport people who are undocumented or have come to the U.S. illegally, but criminal charges can also put legal, documented immigrants in a precarious …
Does the Fourth Amendment Exception Apply to Vehicles Parked on Private Property?
Fourth Amendment Protections The Fourth Amendment of the U.S. Constitution forbids unreasonable or warrantless searches of your private property by law enforcement or other authority figures without your expressed consent, stating: “The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no …
A Title IX Investigation May Result in a Sex Assault Prosecution
Over the past few years, we have heard some pretty atrocious stories about how Title IX investigators trample the rights of college students. In this blog, we will discuss a story recently told about a student at a Nebraska university who felt forced into making an admission to the Title IX investigator in order to avoid suspension, …
Berry Law Named to Inc. 5000 for Second Consecutive Year
Inc Magazine announces Berry Law’s inclusion in the 2018 Inc. 5000 Annual List of America’s Fastest-Growing Private Companies Three years ago, Berry Law had 25 employees. We were well-established in Lincoln, Nebraska and had some cases and clients in Omaha. Today, our team is over 50 strong, with 19 attorneys and offices in Lincoln, Omaha …
What is the Organic Food Productions Act?
The Organic Food Production Act (OFPA), codified at 7 U.S.C. § 6501 to 6524, begins by stating that the purpose of the act is “to establish national standards governing the marketing of certain agricultural products as organically produced products.” It grants the Secretary of Agriculture the power to establish a certification program for producers who use organic methods, …
What Qualifies as Evidence Tampering?
If you are being investigated for a crime, it may be tempting to get rid of any possessions or objects that could incriminate you or create the appearance of guilt. However, doing so is a crime punishable under state and federal law and is to be avoided by anyone who is the subject of a …
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