Criminal Defense is about results. Identifying client goals and working to get the best possible results is what criminal defense attorneys do. Results are specific to the facts of the case and the law.

  • Title IX Investigation

    None of the Allegations Substantiated

    Client accused of violating a University Code of Conduct through multiple allegations of sexual misconduct. The client faced serious sanctions that could have irreparable harm on the client’s future. During a lengthy investigation, Berry Law Firm helped compile responsive documents, drafted responses for the client, and attended multiple meetings. Following the investigation, none of the allegations were substantiated.

  • Possession with Intent to Distribute Marijuana, Interstate Drug Stop

    Not Guilty/Dismissed

    Client charged in Douglas County with possession with intent to distribute marijuana based on an interstate drug stop where police officers located 27lbs of marijuana. Berry Law Firm won the motion to suppress evidence based on an illegal traffic stop in violation of the client’s 4th Amendment rights. After the court granted Berry Law Firm’s motion, the prosecutor dismissed the case.

  • Approximately $1.0 Million Total Recovered

    $1 Million Total Recovered in Motorcycle Accident Case

    Client was involved in a motorcycle crash with underinsured driver who violated a stop sign. Although the other driver violated a stop sign, the manner in which the client was driving caused serious concerns about the Client’s culpability for the accident. The client, who was a truck driver before the crash, sustained serious injuries. The client was awarded social security disability due to his injuries in the crash. We negotiated a resolution with Nebraska Medicaid so the client could keep the proceeds of his settlement in a trust, and not jeopardize his Medicaid eligibility. Approximately $1.0 Million Total Recovered

  • First Degree Sexual Assault

    Not Guilty

    Client charged with first degree sexual assault, a Class II Felony. The possible term of incarceration was up to 50 years. After deliberating for two days, the jury returned with a verdict of “not guilty” on the first degree sexual assault charge. Not Guilty.

  • Marijuana DUI found Not Guilty

    Not Guilty/Dismissed

    One of our attorneys won a DUI jury trial in which the officer attempted to establish our client was under the influence of marijuana while driving. Our attorney was able to successfully defend his client’s rights despite presence of marijuana in the vehicle and a positive test for THC during urinalysis. Improper police work and ambiguous evidence were exposed during the thorough and strategic defense, leading to a jury verdict of “not guilty”.

  • Multiple Felony Charges of Child Abuse

    Not Guilty/Acquitted on all Charges

    Client charged with two felony counts of intentional and knowing child abuse (Class II Felony) after taking child to pediatrician for health concerns. Following full body x-rays, which showed that the child had suffered a fractured femur, ulna, and ribs, child protective services were called. Police later filed criminal charges against client, who was facing 1-50 years imprisonment on each charge. Jury found client not guilty on both charges. Not Guilty.

  • Multiple Drug Charges and Denial of Security Clearance

    Clearance Awarded & Drug Charges Dismissed

    Client charged with Possession with Intent to Distribute Cocaine (28-139 grams), a class 1C Felony, Possession with Intent to Distribute a Controlled Substance, a class IIA Felony, and Possession of Money Used to Violate Nebraska Drug Laws, a class IV Felony. Potential prison time was a mandatory minimum of 5 years up to 72 years. Case Dismissed. Client had also applied for a security clearance but was initially denied by the federal government. Berry Law Firm helped assist the client with the investigation and represented the client in the administrative hearing. Following the hearing, the administrative judge determined that the client should receive security clearance. Security Clearance Awarded.

  • $1.0 Million Recovered for Victim

    $1,000,000 Recovered in Injury Case

    Berry Law helped victim receive a $1,000,000 settlement in a 2019 injury case.

  • Nebraska State Tort Claims Act Appeal

    Successful Appeal / Case Remanded

    Client initially filed a tort claim against the State that was dismissed by the court. The trial court found that our client, by writing “to be determined” rather than a dollar amount in the “damages” field of the tort claim forms produced by the State, failed to strictly comply with the pre-lawsuit filing requirements. Berry Law attorney Michael Wilson appealed to the Nebraska Supreme Court, arguing that the trial court erred because Nebraska law requires only “substantial compliance”, not the “strict compliance” urged by the State. The Supreme Court agreed, reversed the trial court’s dismissal of our client’s case, and remanded the case for further proceedings.

  • Firearms Ordered to be Seized

    License and Firearms Retained

    A client in Omaha lawfully purchased a new handgun and attempted to register it with the City pursuant to local ordinance. The city denied the registration, and also revoked the registration for other owned firearms. Omaha threatened to confiscate and destroy the firearms. Berry Law Firm successfully challenged the City’s ruling and registration was granted (and reinstated) without fine or citation.

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