With the new year, the Nebraska legislature is back and, to paraphrase Twain, no one’s life, liberty, or property is safe. What should the average Nebraska resident know about how the process works? First, the Nebraska legislature meets for either a long session (ninety working days) or a short session (sixty working days), with the …
The Presumption of Innocence and Jury Selection
You often hear people say the phrase, presumed innocent but very few people truly understand what that phrase means for a criminal defendant. A person charged with a crime is called the defendant. Defendant is presumed innocent throughout a trial until the government is able to prove the defendant guilty beyond a reasonable doubt. When …
Making a Murderer Lawyer Recommends John Stevens Berry Sr.’s Book
Attorney John Stevens Berry Sr.’s book, The Twelfth Victim is named as one of Steve Drizin’s must-read list of books about confessions and interrogations in criminal cases. Drizen, heads up the innocence project at Northwestern Law School and is currently Brendan Dassey’s lawyer. The Netflix series Making a Murderer exposed the prosecution’s coercion of Dassey which resulted in his …
Children As Witnesses
One of the more difficult issues that a criminal defense attorney can face is the situation where a child is the victim of a crime and the child must be questioned regarding various issues – usually those which involve difficult and adult topics. For people charged with crimes involving child abuse or sexual assault of …
Nebraska Ignition Interlock Driving Permits
As a convenience to our clients, we created this document to direct clients to various Nebraska DMV resources which clients may find helpful. Following these links will allow you to check on the status of your Nebraska driver’s license, locate a company to install an ignition interlock device in your vehicle, and download the ignition …
Another Solicitation of Prostitution Sting in Lincoln, Nebraska
Last summer, Lincoln Police set up a sting operation at a hotel in Lincoln, Nebraska. The operation was set up with a website known as backpage.com. Individuals seeking services on backpage would locate a fake page offering “full service” and provided a phone number. Individuals who contacted them were lured by a police to a …
Acquittal for Client Charged with Sexual Assault on a Child
Berry Law recently secured a major courtroom victory on behalf of a client who was on trial for sex crime allegations. The man had been charged with five counts of sexual assault on a child. The case involved nearly two years of preparation for the trial, and testimony in the trial in the Lincoln County District …
The Eighth Circuit Court of Appeals
On Friday, I argued a case in front of the Eighth Circuit Court of Appeals. The issue was unique, and dealt squarely with The United States Constitution’s Fourth Amendment in the Bill of Rights which prohibits illegal searches or seizures without a warrant or a warrant exception. The Eighth Circuit Court of Appeals is a …
THE RIGHT TO JURY TRIAL
Groucho Marx said, “I was married by a judge. I should have asked for a jury.” All kidding aside, for business owners, when are jury trials available and are they always beneficial? The Seventh Amendment guarantees a right to jury trial in civil suits where the value of the controversy exceeds 20 dollars – about …
When Is an Arrest or Seizure Unreasonable?
You may have heard the 4th amendment to the United States Constitution protects you from unreasonable searches and seizures. An arrest is a seizure. The general rule is that law enforcement may not arrest you without a warrant, as such an arrest is considered unreasonable. In a criminal case, an unreasonable arrest can lead to …
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