Case Results

Client was passenger in a large truck that was rear ended by a distracted driver

$25,000 recovered. Client was passenger in a large truck that was rear ended by a distracted driver. Client attended to primary care visits and several weeks of physical therapy for her back and shoulder pain. Despite the low medical bills, Berry Law PI attorneys were able to convince the adjuster to tender the full $25,000 in coverage limits to the client.

Client Involved in Motorcycle Accident

Client struck another vehicle that ran a red light. Client sustained a cervical fracture but recovered dramatically. Berry Law was able to recover the $25,000 policy limits and negotiate an additional $47,500 from the underinsured motorist carrier all in less than six months.

Two Class 4 felonies related to possession of marijuana

Federal Social Security Fraud

Berry Law client was charged in federal court with defrauding the government regarding her benefits. BLF attorney Sarah Newell successfully persuaded the prosecutor to allow the client to enroll in the highly selective federal diversion program in light of significant medical issues and the client’s willingness to pay restitution despite significant hardship.

DHHS licensing/report conviction

Client is a medical professional and was charged with a DUI. We were able to successfully argue that client’s BAC was within the margin of error and the charge was amended to a Reckless Driving. Client then had to report the conviction to DHHS for possible a possible license investigation. Given the materials submitted, DHHS declined to investigate the client’s license. Client can now put this situation behind her!

2nd degree assault, class 2A felony

Client was charged in Douglas County with 2^nd degree assault after a fight with her boyfriend where he sustained injuries from a box cutter. Berry Law produced evidence to support the client’s self-defense claim. After reviewing the evidence, the prosecutor dismissed the case.

Felony strangulation

Client charged with felony strangulation. The alleged victim’s story changed and a preliminary hearing was set because the State would not dismiss the case. At the hearing, the State offered misdemeanor domestic violence. The offer was rejected and right before the hearing the State agreed to dismiss the case.

Illegal Transportation of Hazardous Materials

DUI 1st offense reduced to fine

The State charged client with DUI 1^st offense based upon a .088 Datamaster test result for breath alcohol and client’s alleged failures of field sobriety tests.  The defense refused to plead to DUI first offense and planned to take the case to trial because (1) the .088 breath test was arguably within the margin of error for the Datamaster machine, and (2) the officer’s body worn camera footage showed that Mr. Soper performed reasonably well during the field sobriety tests.  Before the hearing where Berry Law attorney would set trial, the State offered client a plea to reckless driving in exchange for dismissal of the DUI and all other counts.  The client accepted the plea offer and received a $250 fine plus costs.

Aggravated 2nd offense DUI was plead down

Aggravated 2^nd offense DUI was plead down to Non-aggravated 1^st offense DUI after we identified a potential suppressionable issue related to an unlawful stop. The issue was questionable, but we used it to our leverage to extract a more favorable plea offer from the prosecutor that did not include any jail time. Absent the improved plea offer, client would have been required to serve some jail time.

Client involved in automobile accident

Client was injured while riding her bicycle

Berry Law’s client was injured when she was riding her bicycle and was struck by an uninsured motorist at an intersection.  She sustained a non-surgical cervical fracture which completely healed in less than two months.  The Berry Law team successfully convinced the uninsured motorist carrier to fully compensate the client despite the minimal medical treatment.

Client was rear-ended and suffered a chest injury

Client was rear-ended and suffered a chest injury. A pre-existing heart condition caused a dramatic reaction requiring long term hospitalization and rehab. Rachel secured the policy limits available (105,000) but then worked for months to reduce the amounts owed to all care providers and lien holders in order to conserve the majority of the settlement for direct payment to the client. Without this work, the client’s expenses easily exceeded her recovery. Instead, she walked away with more than 60k free and clear and all of her bills addressed.

Elderly client injured in rear-end wreck

The Personal Injury Team’s elderly client, who had previously been placed in hospice, was injured in a rear-end wreck.  Due to her frailty and pre-existing medical conditions, the client required inpatient hospitalization but very little follow up medical treatment.  The client subsequently passed away from her underlying health conditions.  Despite the limited medical care and death of the client, Berry Law’s personal injury team successfully resolved the clam for the client’s family.

Uber driver T-boned by another driver

Client was driving Uber while t-boned by a driver running a red light. Client was driving Uber at the time, which meant her own insurance was not applicable. Despite her treatment consisting only of one ER visit, Berry Law was able to obtain the $25,000 liability limits and $25,000 underinsured motorist coverage limits through Uber’s insurance carrier in less than three months.

Motor Vehicle Accident

Client was involved in an accident where he was t-boned by another driver who ran a stop sign.  Not wanting to hire a lawyer initially, the client first attempted to settle the matter himself.  He went back and forth with the adjuster, ultimately getting her to offer a final top amount of $10,568.  Unsure if this was a fair offer, he called Rachel Collins who felt she could get more.  A few months later, we are settling the case for $42,500.

Motor Vehicle Accident

Client was involved in a motor vehicle accident where he was rear-ended, but which caused very little physical damage to the vehicles. A few days later, the client noticed pain and headaches and sought treatment for a concussion, incurring approximately $6,000 in medical expenses.  Rachel was able to negotiate a settlement of $25,000, by focusing on the post-concussive symptoms despite the adjuster’s question as to mechanism of injury.

Relative was killed in a car wreck caused by a drunk driver

Client’s estranged and homeless relative was killed in a car wreck caused by a drunk driver. The client tried to resolve the claim on her own, but was told by the insurance company that she could only recover her out of pocket expenses – i.e., the $1000 that she had paid for cremation – given the lack of a close relationship between client and her relative.  Rachel was able to get the limits available within hours of sending a demand.

Client was involved in a motor vehicle collision

Client was involved in a motor vehicle collision where a truck ran a red light and slammed into his vehicle in an intersection.  The client incurred over $13,000 in medical bills and tried to reach a settlement with the insurance adjuster before calling Berry Law.  The adjuster wouldn’t budge on her top offer of $10,000 before our firm was involved.  Just a few short months later, Rachel is settling this claim for five times this amount.

Possession of a Controlled Substance

Client charged in with possession of a controlled substance. Client maintained his innocence and fought the case for over two years. The case went through three judges and two prosecutors. During the case, Berry Law attorney Justin Kalemkiarian successfully suppressed client’s alleged confession. Client was offered a misdemeanor and probation multiple times but insisted on trial. After Kalemkiarian presented the prosecutor with new evidence from a co-defendant, the prosecutor investigated the new evidence and ultimately dismissed the case.

Terroristic Threats

Client was charged with two counts of Terroristic Threats after allegations that he pointed a gun out of his truck window at a family in another vehicle. Following a thorough review of an unfair and biased investigation based on the client’s criminal history and demand for depositions of the alleged victims, the case was settled with a No Contest plea to one count of 3^rd Degree Assault. Client was given credit for 2 days already served and no probation.

Intentional Child Abuse resulting in Serious Bodily Injury

Client was charged with intentional child abuse in Douglas County based off of injuries sustained when the child turned the hot water back on in the bath while the client stepped out of the room. BLF attorney Renee Mathias worked with an expert to refute the State’s theory that her client intentionally burned the child as punishment.

Client Involved in a Motor Vehicle Collision

Our client’s vehicle was involved in a motor vehicle crash in Lincoln, Nebraska.  The at-fault driver failed to yield the right-of-way by turning left in front of our client’s vehicle.  The client sustained a non-surgical cervical fracture and laceration to her forehead.  The case was complicated by the client’s medical providers reporting she was non-compliant with treatment.  The client also sustained two subsequent, unrelated, injuries. The personal injury team was still successful in convincing the insurance company to fully compensate the client for what she went through because of their insured’s negligence.

First Degree Sexual Assault

A High School Senior in Omaha facing life altering sexual assault allegations was able to breathe a sigh of relief this week when Berry Law attorney Mallory Hughes received word that due to her representation and investigation, the County Attorney officially decided not to move forward with formal charges.

Operating While Intoxicated

Berry Law client was charged in Iowa with operating a motorized vehicle while intoxicated and possession of a firearm while committing and indictable offense based off of drug paraphernalia found on the client after searching him and comments made after his arrest. Berry Law Attorney Matt Knipe filed a motion to suppress evidence, alleging an unlawful seizure of his person, an unlawful pat down, and unlawful expansion of the encounter. After litigating the issue, the judge suppressed both the paraphernalia and the client’s statements. Recognizing the case couldn’t be proven without that crucial, but, illegally obtained evidence, the prosecutor was forced to dismiss all charges.

First Degree Sexual Assault

Berry Law client was charged in Sarpy County with first degree sexual assault. John Berry and Mallory Hughes discovered the alleged victim made a prior false sexual assault allegation and were able to expose this fact to the court and opposing counsel through pretrial litigation. Rather than face defeat at trial, the State offered two non-registerable misdemeanors, saving the client from both a felony conviction and stigmatizing sex-offender registration.

Operating While Intoxicated and Possession of Firearm

Berry Law client was charged with Operating While Intoxicated and Possession of Firearm while committing an Indictable Offense after he was found sleeping in his running vehicle on his own property. Berry law attorney, Matt Knipe, successfully filed and litigated a Motion to Suppress the client’s statements which contained admissions of using meth and a meth pipe found during a pat down search.

Sex Assault Protection Order

Berry Law client, a loving father with full custody of his daughter, had to drive to Nebraska from North Carolina to defend against repeated allegations from the non-custodial mother who sought a sexual assault protection order against him at the same time she filed for full custody. The protection order was dismissed after Berry Law attorney Sarah Newell helped the client protect himself from further false allegations and demonstrate the mother’s pattern of abusing the system to support her custody requests. The client was able to return to North Carolina with his daughter.

Five Felony Charges – Client Facing Over 100 Years Imprisonment

Berry Law client charged with five felony counts including 2nd Deg. Domestic Assault; Terroristic Threats; Use Deadly Weapon to Commit a Felony; Child Abuse; Possession of a Firearm by a Prohibited Person, two of which included mandatory prison sentences, and client faced possible exposure of over 100 years imprisonment. Berry Law and client rejected a plea agreement and provided information from the alleged victim that indicated she would recant. After negotiation and a deposition of the alleged victim, the State dropped all charges.

Domestic Violence Charge

Berry Law Attorney Paul Lembrick was able to get a  Domestic violence case dismissed in Lancaster County–days before the jury term was to start. Berry Law put together a good defense and put the state’s feet to the fire regarding the State’s primary witness– a law enforcement officer fired under questionable circumstances. In light of Paul’s efforts, the State moved to dismiss the charge and offered a better deal on outstanding companion cases

Aggravated 1st Offense DUI

Client was charged with an aggravated 1st offense DUI reduced in Douglas County. Berry Law was able to convince the County Attorney to reduce the charge to reckless driving after retaining an expert and pointing out that the field sobriety tests were not done in compliance with National Highway Traffic Safety Association standards.

Charges of Theft by Unlawful Taking and Unauthorized Use of a Financial Transaction Device

Berry Law was able to get misdemeanor charges of theft by unlawful taking and unauthorized use of a financial transaction device ($0-$500) dismissed for his client. By interviewing his client he learned there was a conflict of interest where one of the investigating officers and the alleged victim (client’s ex-boyfriend) were old friends. Even without this, the evidence was weak as to whether this was theft or a civil matter. Berry Law brought this information to light and the prosecutor ultimately decided to dismiss.

Use of a Firearm to Commit a Felony, First Degree Assault, and Strangulation

Client originally charged with Use of a Firearm to Commit a felony, First Degree Assault, and Strangulation.  Depositions of all officers that responded to the scene were taken. All officers agreed that the alleged victim’s story did not make sense and there was a lack of physical evidence to substantiate her claims. Additionally, depositions of the alleged victim and a key witness were taken. During depositions, it was uncovered that the “impartial” witness that could substantiate the alleged victim’s claims was having an affair with the alleged victim, they met in rehab, and that he had assisted alleged victim in relapsing on drugs and alcohol multiple times over the years.

Facing serious credibility issues as well as a lack of corroborating physical evidence, the State agreed to reduce to 1 misdemeanor count and client was sentenced to a 12 month term of probation.  Client’s military retirement and rank will be unaffected by the plea deal and he will not serve a single day in jail.

DUI – First Offense

Client is a newly commissioned officer in the U.S. Navy.  While home on leave before starting Nuclear Power Submarine School in South Carolina, Client was cited for DUI by Nebraska State Patrol.  Berry Law immediately contacted the Lancaster County Attorney and explained the importance of avoiding a DUI charge due to Client’s extremely strict security clearance requirements.  The County Attorney eventually agreed to only cite Client with a careless driving traffic infraction.

First-degree Sexual Assault

Attorney received a dismissal on a first degree sexual assault case in Dundy County by encouraging the client to stand his ground and reject plea offers. After being forced to re-evaluate the evidence, prosecutors realized they couldn’t prove their case and dismissed.

Motor Vehicle Collision

Carey Cunningham secured a six-figure settlement for a client who was severely injured in a motor vehicle collision in rural Nebraska.  Liability was vigorously disputed and there was a pending defense motion for summary judgment at the time settlement was reached.  Carey successfully articulated the facts of the case to the mediator while remaining empathetic to the issues confronting the client.

1st Degree Sexual Assault

Berry Law attorneys got a 1st degree sexual assault dismissed that was set for trial in Hamilton County. The attorneys, with the help of on-the-fly research, were able to expose serious flaws in the prosecutor’s case including evidence the State argued was covered by “rape shield” laws. They also prevented the State from misusing evidence rules to avoid the Confrontation Clause and, in turn, the State dismissed.

Settlement in Motorcycle versus Cow Accident

Client struck a cow with his motorcycle on the highway in 2016. Subsequently, the injuries resulted in the amputation of the client’s right leg. Four years later the client reached out to Berry Law. The Firm’s persistence with discovery and dedication culminated with a nine-hour mediation. By the end of the day, the client was signing paperwork to settle their case for $124,500.

First Degree Sexual Assault

Attorney got a hung jury on a first degree sexual assault  in Cass County. He kept the jury out for almost 24 hours and convinced at least 2 of the jurors to acquit, with 9 leaning towards a lesser crime.

Felony Strangulation

Dismissal of a felony strangulation case in Douglas District Court. Client denied strangling the victim, his ex-girlfriend, and said that the physical fight between them occurred after she was the aggressor. Attorney moved for depositions and the Deputy County Attorney dismissed a few days later.

Protection Order Dismissed

Client was served with an Ex Parte Domestic Abuse Protection Order in May and reached out to Berry Law immediately. After a show-cause hearing, the judge took the matter under advisement and eventually found that the Respondent showed cause as to why the relief granted in the Ex Parte Order should be denied and dismissed with prejudice.

Sexual Assault of a Child

Client was being investigated for sexual assault of a child in a delayed disclosure occurring approximately 7 years after the alleged incident. The client’s wife reached out to the firm just in time – a couple hours before the client was planning to meet with the investigator for an interview. I advised the client to remain at home and immediately intervened with Lincoln Police Department, making contact with the investigator and notifying him of our firm’s representation. Ultimately, the case was closed and resulted in no criminal charges against our client.

Prefile revenge porn case

We worked with police & provided them with information to bring the investigation to a quick close resulting in no charges. In addition, we helped the client successfully obtain a harassment protection order against the accuser. Janet Pischke was a huge help in this, volunteering to assist and doing a phenomenal job helping with preparation.

Obstruction of Justice

Client recorded officers from a public sidewalk while the officers were in the process of arresting client’s neighbor. The officers felt our client was too close to them while they were interviewing the neighbor’s wife. Our client did not interfere with the officers, but allegedly did not move fast enough when he was told to give them more space to do their work. We had to push it all the way to trial before the Assistant City Prosecutor finally agreed to dismiss.

Harassment Protection Orders

Client was subject to three separate harassment protection orders. At the attorney’s advice, contested hearings were requested. After three hours of testimony by the different petitioners, along with other witnesses, the Court granted the request to dismiss each protection order with prejudice.

Accusation of Child Abuse and Sex Assault

A veteran was falsely accused of child abuse and sex assault by 3 adults and 3 minors. Only half of the allegations resulted in criminal charges. Berry law attorneys employed investigators and expert witnesses to uncover motives behind the allegations and hired an expert witness to review flawed forensic interviews. After a trial the jury found the defendant not guilty on two charges and remaining charges were dismissed.

Domestic Assault, Felony

The client was charged with felony domestic assault. With the help of Justin Kalemkiarian, the client rejected a plea agreement and insisted on a jury trial. The week of trial, the State dismissed the charges. Client can now rest assured this terrible chapter in his life is now over.

Domestic Case

In this contested custody case, both parties were suing for full custody. Trial Court awarded the father legal and physical custody of the 10 year old child and we appealed. The Court of Appeals reversed trial court on every issue in our favor granting the client sole legal and physical custody and found that she was not in contempt for violating the parenting plan. The Court of Appeals reversed on facts which is extremely rare.

Child Abuse

Client’s child was disciplined and retaliated with a false allegation of child abuse. We collected audio/video recordings and spoke with school officials to confirm that the child had recanted to several people. The prosecution conceded and filed a motion to dismiss.

Domestic Assault

Client arrested on false accusation domestic assault in Douglas County. He provided photographs of his injuries from the accuser’s attacks on him (that the police apparently overlooked). Our office kept in persistent contact with prosecutor’s office, who ultimately declined to file. Client recovered his bond and moved out!

First-Degree Murder and Use of a Deadly Weapon to Commit a Felony

Client was charged with first-degree murder and use of a deadly weapon to commit a felony in a July 2020 shooting death. Following a six-day trial, the jury deliberated for nearly 10 hours before acquitting the defendant of all charges. 

Possession of Concealed Handgun With No CCW Permit

Client was in a single car accident and cited for aggravated DUI.  During the DUI investigation, law enforcement learned that the client had a gun in the vehicle.  The gun was seized and taken into evidence.  City Attorney filed DUI charge and referred the CCW case over to County Attorney. After attorney Paul Lembrick spoke with the investigating officer, City Attorney and County Attorney, the client was not charged with a CCW violation and client’s gun was returned.

DUI, First Offense

PNC is in military and picked up a DUI with less than 2 months before having to report for active duty. Renee Mathias worked quickly to get the case reduced to reckless driving and client was given a minimal fine. He can now report without having to worry about this case.

Drug Possession Charges

Berry Law’s client was pulled over for “following too closely” in Lancaster County, Nebraska. A search of the vehicle produced 240 lbs of marijuana and 30 lbs of THC gummies, and the client was facing potential jail time. Berry Law attorney Mike Wilson filed a Motion to Suppress the evidence and hired a forensic video analyst who reviewed videos of the stop and concluded that the client was not following as close as the officer claimed. Prior to the hearing, the case was dismissed!

Felony Theft Case

Berry Law represented a client wrongfully accused of felony theft in Iowa. After demanding depositions to exercise the clients Constitutional right to confront the accusers, the prosecution was unable to secure any material witnesses. As a result of exercising his constitutional right to confront the accusers and proceed to trial, the prosecution filed a Motion to Dismiss all charges thereby relieving the client of a possible 5 year prison term.

First Degree Sexual Assault

Client charged with first-degree sex assault involving multiple Accusers in Johnson County, Nebraska. Client was facing a felony conviction, up to 50 years in prison and lifetime sex offender registry

Defense attorneys from Berry Law prevailed at a motions hearing preventing the state from using multiple accusers’ testimonies under Nebraska Revised Statute 27-414. Client received a plea deal, Reducing the case to a misdemeanor and a $1000 fine with no sex offender registration.

Title IX Violation

Client facing sanctions, up to possible expulsion from the University, for a Title IX violation related to an alleged sexual assault. Berry Law attorney Justin Kalemkiarian advocated for the client and, after a live hearing, the Hearing Board agreed that the client did not violate University policy.

3 Hunting Violations

Client was charged with 3 hunting violations in Harrison County, Iowa. If convicted of more than one hunting violation, the client risked losing all hunting and fishing privileges in 48/50 states in the country for 1-2 years. Following the State’s case-in-chief, Berry Law attorney Matt Knipe moved for a judgment of acquittal on all charges. The court found the client “Not Guilty” on two of the three violations, preventing any loss of hunting privileges, fishing privileges, and saving the client approximately $1,500 in fines and court costs.

3 Counts of Domestic Assault

Client facing three counts of domestic assault in Sarpy County with a potential jail time totaling 3 years. During pretrial proceedings, Berry Law defense attorney Matt Knipe demonstrated that the client was acting in self-defense, resulting in the case being dismissed. Case dismissed with prejudice, which means the State cannot refile the case against the client.

First Degree False Imprisonment

Client charged with First Degree False Imprisonment, a Class IIIA felony punishable by up to 3 years imprisonment. Oftentimes, attorneys waive preliminary hearings. However, Berry Law attorney Michael Wilson successfully argued that the client’s alleged conduct did not constitute the “restraint” required by the false imprisonment statute, resulting in the judge dismissing the case at the preliminary hearing. Felony Count Dismissed.

3rd Degree Domestic Assault

Client charged with 3rd Degree Domestic Assault in Lancaster County, NE. Berry Law defense attorney Bill Kurtenbach pushed the case to trial, and the case was ultimately dismissed at the State’s cost. This allowed the client to retain their Second Amendment Rights, which can be endangered in domestic assault cases. Case Dismissed.

Use of Weapon During Commission of a Felony

Client in Cheyenne County, NE, facing a Class II felony for use of a weapon during the commission of a felony and a Class IV felony for not having a drug tax stamp. Berry Law attorney David Tarrell successfully negotiated a plea bargain in which the client pled to 3 misdemeanor charges, resulting in a sentence of only fines/restitution.

3 Counts of Domestic Abuse

Client faced multiple domestic abuse charges in Sarpy County. Berry Law attorney Matt Knipe successfully argued on his clients’ behalf that he was merely defending himself. After presenting the defendant’s case to the prosecutor and showing that he was acting purely out of self-defense and should have never been arrested in the first place, all charges were dropped.

Possession of Marijuana

Client charged with possession of marijuana in Pottawattamie County, Iowa. After significant and continuing negotiations by Berry Law attorney Matt Knipe, the prosecutor dismissed the charges completely. The client will not have a criminal record. Case Dismissed.

Leaving the Scene of an Accident Investigation

Officers contacted client who retained Berry Law attorney Matt Knipe. Knipe notified law enforcement that he represented the client and they were not to speak to her withoutno him present. After following up with a several phone calls, Knipe reached the investigator and confirmed his client wished to exercise her right to remain silent. Without an admission or incriminating statements from our client, law enforcement could not identify the driver. Therefore, there was no probable cause to make an arrest or issue a citation, and the investigation was closed without any charges being filed.

Hit and Run (Prefile)

Client was cited for a Hit and Run in Sarpy County after officers conducted a partial investigation. After hiring Berry Law attorney Matt Knipe, the Sarpy County Attorney’s Office informed us that they would not need to appear in court as they were not proceeding with the prosecution. No charges were filed.

2nd Lifetime DUI

Client charged with 2nd DUI in Butler County. Prosecutor offered to let our client plead to DUI and the State was recommending 6 months’ probation. After Berry Law attorney Matthew Knipe filed a Motion to Suppress the stop based on grounds of an unconstitutional stop, the prosecutor further reviewed the evidence and agreed to amend the DUI to Willful Reckless Driving and recommend a fine. No jail time, no probation, and only a 30-day loss of license.

Possession with Intent to Distribute Marijuana – Interstate Drug Stop

Client was travelling east on Interstate 80 and had stopped at a gas station when law enforcement searched the U-Haul client was driving with his consent. Upon searching the vehicle, law enforcement located 31 lbs of marijuana and charged the client with possession with the intent to deliver marijuana (Class IIA Felony) and the possession of marijuana absent a Drug Tax Stamp (a Class IV Felony). The driver was facing up to 22 years of incarceration and a fine of up to $10,000. Berry Law attorney Seth Morris successfully demonstrated the U-Haul wasn’t rented in client’s name, the client didn’t have the key to the cargo portion of the U-Haul where the marijuana was found, the client’s belongings were not in the U-haul, there was no evidence the client ever had access to the cargo portion of the U-Haul, and the State’s cooperating witness sent incriminating Facebook messages just days prior to the search. After jury deliberation, the client was found not guilty on all charges. Case Dismissed.

Interstate-80 Drug Stop

Client stopped on Interstate-80 with approximately 170 pounds of marijuana in Lincoln, Nebraska. Berry Law attorneys successfully filed a motion to suppress evidence based on the fact that law enforcement unconstitutionally and unlawfully stopped and detained the out of state driver. Case Dismissed.

Interstate 80 Stop – Possession of Drug Money

Client stopped on Interstate 80 in York County, Nebraska transporting $500,000 cash and was charged with felony possession of drug money.

Client Stopped with 20 lbs of Marijuana and Charged with Intent to Distribute

Client stopped on Interstate-80 with 20 pounds of marijuana. Client was charged with possession with intent to distribute marijuana, a Class IIA felony punishable by up to 20 years in imprisonment. Client sentenced to probation. No Jail Time.

Interstate Drug Stop with Possessing Drug Money

Client charged in an interstate drug stop with possessing drug money in violation of Nebraska Criminal Law. Berry Law filed a motion to suppress and the court found the detention of the defendant was illegal and all evidence found during the traffic stop and search was suppressed. All charges against the defendant were dismissed prior to trial.

Multiple Felony Firearm Offenses

Berry Law client charged with multiple cases, including a felony firearms offense in Douglas County. The client retained Berry Law attorney Matt Knipe on Monday. By Tuesday afternoon, the prosecutor indicated he would be asking the Court to dismiss the case. Wednesday morning the case was dismissed on the State’s motion, and the clients bond was reduced from $60k at 10% to $10k at 10% – a reduction of over 80%.

Third Degree Sexual Assault

Client accused of third degree sexual assault in Lancaster county, Nebraska. Berry Law attorney Seth Morris worked through the inconsistencies in the accuser’s story and a lack of evidence. After 45 minutes of deliberation, the jury found the client not guilty.

First Degree Sexual Assault/Statutory Rape

Client charged with first degree sexual assault (statutory rape) in Lincoln, Lancaster County. After a jury trial, the client was found not guilty. Case dismissed.

Felony Witness Tampering

Client faced criminal charges for felony witness tampering. Under the witness tampering statute, a person accused of tampering with a pending Class II misdemeanor prosecution may only be charged with a Class I misdemeanor. Berry Law attorney Michael Wilson argued that the client was overcharged, asking the court to dismiss the case. The County Court agreed and dismissed the felony witness tampering charges. Case Dismissed.

Nebraska State Tort Claims Act Appeal

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.

Title IX Appeal

Client, a medical student at Creighton university, was falsely accused of sex assault and sexual misconduct. Initially, the Title IX office found the student had committed sexual assault. At a criminal trial, the student was found not guilty. The student appealed his Title IX ruling and won re-instatement to resume his education.

Third Degree Sexual Assault of a Child

Client falsely accused of sexual assault in Sarpy County, facing a possible prison sentence of three years and a $10,000 fine. At the preliminary hearing, Berry Law attorney Justin Kalemkiarian argued that there was not sufficient evidence to send the case to District Court. After deliberating, the Judge agreed and the case was dismissed.

Title IX Allegations Involving Sexual Harassment

Client was accused of over 10 separate instances of sexual harassment at a university. With the guidance of Berry Law attorney Justin Kalemkiarian, the client was found to have not violated the code of conduct on each of the allegations.

Sexual Assault

Omaha client charged with sexual assault in Douglas County, Nebraska. Client found not guilty after trial.

$22,000 Restitution Payment Overturned

Client was facing a court order requiring them to pay approximately $22,000 in restitution. Berry Law attorney David Tarrell filed an appeal on behalf of his client, claiming that the trial court had not sufficiently considered the client’s ability to pay restitution when it ordered the $22,000 to be paid.  The Court of Appeals agreed and remanded the case for a rehearing.  This time the trial court found that the State had not presented enough evidence to demonstrate that the client could afford these restitution payments and vacated its previous order to that effect, removing the requirement that the client pay approximately $22,000.

Interfering with a Flight Crew Member

Client charged federally with interfering with a flight crew member, punishable by up to 20 years imprisonment and a $250,000 fine. Berry Law attorney Seth Morris was able to show inconsistencies in witness stories and audio file evidence, leading to a jury verdict of not guilty.

Two Counts of Unlawful Intrusion & Six Additional Charges Not Filed

Client facing two charges of unlawful intrusion and six other potential charges, each a Class I Misdemeanor in Nebraska. Berry Law attorney Hannah Carroll-Altman negotiated the case down to a single charge. She also helped the client receive a sentence of probation. The client did not receive any jail time, did not receive a fine, and was not ordered to register on the sexual offender registry.

Sexual Assault of a Child (1st Degree), Sexual Assault of a Child (3rd Degree), and Child Abuse

Client falsely accused of Sexual Assault of a Child in the First Degree (Class IB Felony), Sexual Assault of a Child in the Third Degree (Class IIIA Felony), and Child Abuse (Class IIIA Felony). Client was facing a possible prison sentence of 20 years to life in prison. Berry Law attorney Chad Wythers was able to get both felony charges of sexual assault dismissed and the charge of child neglect reduced to a misdemeanor. Client sentenced to 6 months of probation.

$1.0 Million Recovered for Victim

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

Interstate-80 Drug Stop

Client stopped on Interstate-80 with approximately 170 pounds of marijuana in Lincoln, Nebraska. Berry Law attorneys successfully filed a motion to suppress evidence based on the fact that law enforcement unconstitutionally and unlawfully stopped and detained the out of state driver. Case Dismissed.

Possession with Intent to Distribute Marijuana – Interstate Drug Stop

Client was travelling east on Interstate 80 and had stopped at a gas station when law enforcement searched the U-Haul client was driving with his consent. Upon searching the vehicle, law enforcement located 31 lbs of marijuana and charged the client with possession with the intent to deliver marijuana (Class IIA Felony) and the possession of marijuana absent a Drug Tax Stamp (a Class IV Felony). The driver was facing up to 22 years of incarceration and a fine of up to $10,000. Berry Law attorney Seth Morris successfully demonstrated the U-Haul wasn’t rented in client’s name, the client didn’t have the key to the cargo portion of the U-Haul where the marijuana was found, the client’s belongings were not in the U-haul, there was no evidence the client ever had access to the cargo portion of the U-Haul, and the State’s cooperating witness sent incriminating Facebook messages just days prior to the search. After jury deliberation, the client was found not guilty on all charges. Case Dismissed.

Assaulting a Federal Law Enforcement Officer

Client charged with a federal felony for violating 18 U.S.C. 111(a)(1) by assaulting a federal law enforcement officer in the Federal District of Nebraska, Omaha. Pursuant to plea agreement, client pled guilty to two misdemeanors in federal court and one misdemeanor in state court resulting in probation. No jail time.

Motor Vehicle Homicide

Berry Law attorneys Chad Wythers and Hannah Carroll-Altman successfully defended their client charged with Motor Vehicle Homicide. Their client was alleged to have made a left-hand turn in front of an oncoming vehicle, which was traveling 76 MPH at the point of impact. During closing arguments, Chad Wythers emphasized that, by law, drivers do not have to anticipate that other drivers are operating their motor vehicle in an unlawful manner, which the other vehicle was. After two hours of deliberations, the jury returned a verdict of Not Guilty.

Client Expelled from Graduate Program at University

Client expelled from University graduate school for alleged violation of academic code of conduct. Berry Law attorney Susan Napolitano showed that the University’s investigation and penalty procedures were not followed. The University reversed the termination and the penalty was reduced to probation. Client allowed to graduate with a clean academic record.

Possession of a Controlled Substance

Client charged with possession of a controlled substance, a Class IV felony punishable by up to two years in prison and a $10,000 fine. Berry Law attorney Chad Wythers was able to get the charges reduced to only a small fine. No jail time or probation.

3rd Degree Domestic Assault and Misdemeanor Assault

Client falsely charged with 3^rd degree domestic assault and misdemeanor assault, facing up to 2 years imprisonment and a fine of up to $2,000. Berry Law attorney Chad Wythers was able to prove that the alleged victim had lied under oath and the defendant was not under the influence of alcohol. Not Guilty.

Title IX Investigation

Berry Law provided counsel to a student who had been temporarily suspended from University graduate program due to Title IX allegations. After two appeals, the efforts allowed the student to be reinstated to the graduate program and face no further consequences.

Intentional Tort Claim

Client was offered $0 to settle in an intentional tort case and came to Berry Law for assistance.  Berry Law took the case to trial and our client was awarded $47,000 by a jury.

Possession of More than One Pound of Marijuana

Client charged with possession of more than one pound of marijuana, a Class IV Felony punishable by up to two years imprisonment and/or a fine of up to $10,000. Charges reduced to a misdemeanor with a small fine. No Jail Time.

Possession With Intent to Distribute

Client charged with possession with intent to distribute marijuana (Class IIA felony) , possession of a controlled substance (Class IV felony), and money in violation of statute 28-416 (Class IV felony). Client was facing a possible penalty of up to 24 years imprisonment and or fines of up to $20,000. Client was sentenced to probation. No Jail Time.

Title IX Investigation

Client accused of a multiple Title IX violations at a University: Sexual assault (two allegations), sexual harassment, and harassment. Berry Law advised the client through the entire process. Following an investigation, each allegation was found to either be unsubstantiated or no violation was found, and the client was found to have in no way violated the student code of conduct.

First Degree Sexual Assault

Client charged with first degree sexual assault, a Class II felony, in Omaha, Nebraska (Douglas County). The possible term of incarceration was up to 50 years. After a 4 day jury trial, the client was found not guilty. Not Guilty.

3rd Degree Assault of an Officer

Client charged with assault of an officer in the third degree, a Class IIIA felony punishable by up to 3 years imprisonment and/or a fine of $10,000. Berry Law was able to get the charges reduced to a Class I misdemeanor with fines only and no probation. No Jail Time.

Possession of a Controlled Substance

Client charged with possession of a controlled substance (Class IV Felony), possession of marijuana (Infraction), and possession of drug paraphernalia (Infraction). Client was facing a possible punishment of up to 2 years in jail and/or fines of up to $10,000. Berry Law was able to get the sentence reduced to 2 infractions. Favorable Plea Agreement.

Possession with Intent to Distribute Over 100 Pounds of Marijuana

Client charged with possession with intent to distribute over 100 pounds of marijuana in Hamilton County Nebraska. Defendant filed a motion to suppress the stop, detention, arrest, and search of the vehicle. Pursuant to agreement, client pled guilty to possession of more than 1 pound of marijuana and was fined $5000. No Probation/No Jail Time.

Felony Possession of Drug Money

An out-of-state couple was stopped in Lincoln, Lancaster County NE, for felony possession of drug money, a class IV felony punishable by up to two years imprisonment and a fine of up to $10,000. The day of the suppression hearing the state dismissed the case pursuant to agreement. Case Dismissed.

Client Stopped with 20 lbs of Marijuana and Charged with Intent to Distribute

Client stopped on Interstate-80 with 20 pounds of marijuana. Client was charged with possession with intent to distribute marijuana, a Class IIA felony punishable by up to 20 years in imprisonment. Client sentenced to probation. No Jail Time.

Domestic Assault

Client charged with domestic assault in Douglas County. Case Dismissed.

College Student Falsely Accused of Sexual Assault

College student falsely accused of sexual assault found not guilty at trial. Prior to the criminal trial, the accused student was kicked out of college because the Title IX office believed the assault occurred. Berry Law defense attorneys found the accuser had given several conflicting statements to both law enforcement and other students. Berry Law also used a cell phone forensics expert to show that the accuser had deleted messages and other data from her phone around the time of the alleged assault after investigators told her not to. Not guilty.

Multiple Drug Charges and Denial of Security Clearance

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 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.

Multiple Felony Charges of Child Abuse

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.

Possession with Intent to Distribute Marijuana, Interstate Drug Stop

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 won the motion to suppress evidence based on an illegal traffic stop in violation of the client’s 4^th Amendment rights. After the court granted Berry Law’s motion, the prosecutor dismissed the case.

Title IX Investigation

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 helped compile responsive documents, drafted responses for the client, and attended multiple meetings. Following the investigation, none of the allegations were substantiated.

Approximately $1.0 Million Total Recovered

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

State Pays $250k to a Wrongly Convicted Man

A Grand Island man will receive $250,000 from the state of Nebraska due to being wrongfully convicted of killing his wife. Evidence was withheld and prosecutorial misconduct occurred, causing the man’s conviction to be overturned in 1970 by the Nebraska Supreme Court. His attorney, John Stevens Berry, said the state will also include costs in the total amount.

Approximately $282 Thousand Total Recovered

Client was a passenger in an accident and faced over $100,000 of medical bills. Driver’s liability insurance only covered up to $25,000 in medical expenses, leaving client at a substantial loss. Berry Law was able to get all expenses covered through other insurance the client was unaware of by successfully proving that he was eligible and that their claims about his ownership of “junk” vehicles did not remove his rights to due compensation. All medical expenses were paid for by insurance and approximately $282,000 total recovered.

Felony Reduced to Misdemeanor with Fines, Resolved Before First Court Date

Client charged with possession of a controlled substance, a class IV felony, and possession of more than 1 oz of marijuana, a class III misdemeanor. Client facing up to 2 years and 3 months in prison. Felony charge reduced to a misdemeanor and Class III misdemeanor dismissed before first court date. No jail time.

Twelve Felony Charges Reduced to 90 Days in Jail

Client charged with 12 counts of felony forgery, six class III felonies and six class IV felonies. Client facing up to 36 years imprisonment. Thanks to the efforts of Berry Law, the criminal charges were reduced to one felony count of forgery. Client sentenced to 90 days in jail and probation.

Intent to Distribute Reduced to Misdemeanor, No Jail Time

Client charged with two counts of Possession with Intent to distribute, a class IIA felony, and no drug tax stamp, a class IV felony. Facing up to 42 years imprisonment. Two felonies were reduced to misdemeanors and the other charge was dismissed. Client sentenced to probation and no jail time.

Thirteen Felony Charges Dismissed, Limited to 90 Days in Jail

Client charged with 15 felonies. Client charged with 10 counts of possession of a stolen firearm, a class IIA felony. Client also charged with three counts of burglary, a class IIA felony, and two counts of theft by unlawful taking, also a class IIA felony. Facing up to 300 years imprisonment. 13 felony charges dismissed. Client sentenced to five years probation and 90 days in jail.

All Medical Expenses Covered for Accident Passenger

Client was a passenger in an accident and faced over $100,000 of medical bills. Driver’s liability insurance only covered up to $25,000 in medical expenses, leaving client at a substantial loss. Berry Law was able to get all expenses covered through other insurance the client was unaware of by successfully proving that he was eligible and that their claims about his ownership of “junk” vehicles did not remove his rights to due compensation. All medical expenses were paid for by insurance.

Driving Misdemeanors Reduced to Fines

Client charged with operating motor vehicle to avoid arrest, open alcohol container, and operating an all-terrain vehicle on highway. Client facing up to 15 months imprisonment. All penalties reduced to fines. No jail time.

Four Separate Felony Drug Crimes and Two Misdemeanors.

Client stopped on interstate 80 in Lexington, Nebraska for four separate Felony drug crimes and two misdemeanors. Client was allegedly speeding and stopped with MDMA, cocaine, oxycodone, hashish, and a large quantity of marijuana. Berry law firm attorney filed a motion to suppress evidence based on the search of the vehicle. Prior to the hearing, the prosecutor reduced all felony drug charges to misdemeanors and dismissed the other counts. Client was sentenced to probation with no jail time.

Charges Dropped or Reduced, No Jail Time

Client charged with 2 counts of Felony possession of a controlled substance, felony possession of a firearm, felony seizure of property and a misdemeanor carry of a concealed weapon.
Three charges were dropped, two others reduced. Client got probation and no jail time.

Felony Possession of a Controlled Substance, Possession of Marijuana and Possession of Drug Paraphernalia

Client charged with felony possession of a controlled substance, misdemeanor marijuana possession and possession of drug paraphernalia.
Felony was reduced to a misdemeanor, and client paid fines with no jail time.

Title IX Sexual Assault Allegations

Client brought to administrative hearing facing expulsion for alleged sexual assault and stalking. Berry Law challenged the claims and evidence, resulting in a reduction to minor charges. Disciplinary action reduced to probation.

Concealed Carry Violation, Disturbing the Peace (of the Police Officer) and 3rd Degree Assault

Client charged with concealed carry violation, disturbing the peace (of the police officer) and 3^rd Degree assault based on a “menacing threat.” Berry Law got the concealed carry violation dropped, and  the client was found not guilty on a directed verdict for other charges. Not Guilty.

Motor Vehicle Homicide

Client charged with motor vehicle homicide in a Otoe County Nebraska.

Felony Drug Possession of Controlled Substance in a College Dorm Room

Lancaster County. Client charged with felony drug possession of controlled substance in a college dorm room. Case reduced to a misdemeanor and a fine.

Interstate 80 Stop – Possession of Drug Money

Client stopped on Interstate 80 in York County, Nebraska transporting $500,000 cash and was charged with felony possession of drug money.

Marijuana DUI found Not Guilty

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”.

Possession of Methamphetamine with Intent to Distribute and Failure to Appear

Client charged with possession of methamphetamine with intent to distribute and failure to appear. Facing 52 years in jail. Got it knocked down to possession of controlled substance, failure to appear dismissed, client now is only facing a maximum of 2 years imprisonment.

Possession of Marijuana and Possession of Drug Paraphernalia

Client charged with possession of marijuana and possession of drug paraphernalia. Got the drug charges dismissed for a plea to traffic infractions, resulting in a $125 fine.

Firearms Ordered to be Seized

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 successfully challenged the City’s ruling and registration was granted (and reinstated) without fine or citation.

Two Felonies, Possession of Drugs

Client stopped on interstate 80 in a car with out-of -state license plates for following too closely in Lincoln, Nebraska. Police searched the car and the occupants and found heroin, hash, and LSD. Client was charged with two felonies but pursuant to plea negotiations, the charges were reduced to misdemeanors and client was sentenced to probation with no jail time.

3 Felonies To Include Strangulation, First Degree False Imprisonment, and Witness Tampering Charges

Man facing 3 felonies to include strangulation, first degree false imprisonment, and witness tampering charges in Omaha, Douglas County Nebraska. The potential consequences were multiple felony convictions and prison time. Pursuant to plea agreement, the charges were reduced to two misdemeanor charges. Client was sentenced to probation.

Felony Fleeing to Avoid Arrest

Scottsbluff county – Client charged with felony fleeing to avoid arrest, willful reckless driving, no operator’s license, and violation of a traffic signal. Prison time of up to two-and-a-half years possible, along with hundreds of dollars in fines. Following selection of a jury, prosecutor moved to dismiss all charges.

First Degree Sexual Assault

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.

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.

Terrorist Threats, a class IIIA Felony, and Use of a Weapon to Commit a Felony, a class II Felony

Hall County – Client charged with Terroristic Threats, a class IIIA Felony, and Use of a Weapon to Commit a Felony, a class II Felony. Potential prison time was 1-53 years. Client pleaded no contest to a misdemeanor and paid a $500 fine.

Possession with Intent to Distribute Cocaine

Lancaster County – 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. Berry Law successfully argued that the police officer did not have the right to pull over the client and a Motion to Suppress was granted.

Client had applied for a security clearance but was initially denied by the federal government. Berry Law 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.

Traffic Violation

Congratulations to Justin Kalemkiarian with the Berry Law for convincing a Lancaster County District Court Judge to suppress a traffic stop on interstate 80.

The basis for the traffic stop was the State patrol’s favorite subjective violation – following too closely.

In this particular case, the violation was recorded and showed a separate vehicle pulling in front of the defendant’s vehicle while traveling on the interstate.

Despite the fact that the video showed the defendant slowing down in response to the other vehicle cutting him off, a state trooper pulled over the defendant for following too closely.

After the stop, the trooper convinced himself he smelled marijuana and searched the car.

Justin argued to the Lancaster County District Court judge that the defendant’s actions were completely reasonable in light of the circumstances.

The judge agreed and suppressed the traffic stop.

Terroristic Threats

Hall County, client charged with Terroristic Threats, a class IIIA Felony, and Use of a Weapon to Commit a Felony, a class II Felony. Potential prison time of 1-53 years. Client pleaded no contest to a misdemeanor and paid a $500 fine.

Possession with Intent to Distribute Cocaine

Lancaster County, 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 of a mandatory minimum of 5 years up to 72 years. Berry Law successfully argued that the police officer did not have the right to pull over the client and a Motion to Suppress was granted. (Note, case has not been dismissed and I do not know if the State will appeal)

Felony Possession With Intent To Distribute

Lancaster County – Client charged with felony possession with intent to distribute marijuana and faced up to 20 years in prison. Charges reduced to misdemeanor possession of marijuana. Client sentenced to probation, no jail time.

Second Offense Violation of a Protection Order

Lancaster County – Client was charged with second offense violation of a protection order, a Class IV Felony carrying a penalty of up to two years in prison and up to a $10,000 fine. Plead down to a Class I Misdemeanor and received a $250 fine, no jail time or probation.

Third Degree Domestic Assault

Lancaster County – Client charged with third degree domestic assault, a Class I Misdemeanor punishable by up to one year in prison and up to $1,000 in fines. Thanks to efforts by Berry Law, the case was dismissed.

DUI Chemical and Breath Test Refusal

Colfax County – Charged with first offense refusal to submit to a chemical test during a DUI investigation and refusal to submit to a preliminary breath test, facing 7-60 days in prison and one-year license revocation.

Possession of a Controlled Substance

Lancaster County – Charged with possession of a controlled substance (a Class IV Felony), facing up to two years in prison and nine to 12 months of post-release supervision and/or up to a $10,000 fine.

Third Degree Sexual Assault

Lancaster County: Client cited with third degree sexual assault, a Class I Misdemeanor, facing up to one year in prison and 15 years on the sex-offender registry. Thanks to efforts by Berry Law, client was only charged with disturbing the peace and fined $250.

First Offense DUI

Lancaster County: Client charged with first offense DUI, facing up to 60 days in jail, a $500 fine, and a court-imposed license suspension of one year. Thanks to efforts by Berry Law, the case was dismissed.

Obstructing a Police Officer

Lancaster County: Client charged with obstructing a police officer (a Class I Misdemeanor punishable by up to a year imprisonment and/or up to a $1000 fine), minor in possession (a Class III Misdemeanor punishable by up to three months imprisonment, a fine of up to $500, and license seizure for 30 days), and second degree trespassing (a Class III Misdemeanor punishable by three months in jail and/or a $500 fine). The obstruction charge was dropped and client plead no contest to the other two, resulting in nothing more than a fine of $150.

Assault and Battery

Lancaster County: Client charged with assault and battery, a misdemeanor, facing up to 6 months in prison and/or up to a $500 fine. Pleaded down to disturbing the peace and client was fined $350 with no jail time.

Third Degree Domestic Assault

Lancaster County: Client charged with third degree domestic assault, a Class I Misdemeanor punishable by up to one year in prison and up to a $1000 fine. Pleaded down to disturbing the peace, resulting in a fine of $500 and no jail time.

First Offense DUI

Lancaster County: Client charged with first offense DUI, facing 60 days in jail, a fine of $500, and a court-imposed license suspension of six months. Client pled to misdemeanor reckless driving. Thanks to efforts by Berry Law , client avoided DUI conviction and was sentenced with a $300 fine, no jail time or suspension.

Felony Domestic Assault

Lancaster County: Client charged with felony domestic assault, facing up to three years in prison and up to 18 months supervised release. Pleaded down to a misdemeanor and sentenced with probation, no jail time.

Felony Possession with Intent to Distribute a Controlled Substance

Lancaster County: Client faced up to 50 years in prison on felony possession with intent to distribute a controlled substance andtwo child abuse charges. Thanks to Berry Law attorneys, the felony charge was dismissed. The client pleaded no contest to misdemeanor child abuse charges and was fined $1500 with no jail time.

Felony Possession of Money while Violating Drug Laws

Seward County: Client charged with felony possession of money while violating drug laws and faced two years in prison and 12 months of post-release supervision. Case dismissed.

DUI

Lancaster County: Client charged with DUI, facing 7-60 days in jail, a six-month license revocation, and a $500 fine. Plead down toreckless driving, receiving a $250 fine and no jail time.

Felony Possession of Controlled Substance

Lancaster County: Client was charged with one count of felony possession of a controlled substance and faced up to 2 years in prison. The charges were dismissed by the judge following a successful plea in abatement hearing.

Felony Unlawful Use of Financial Transaction Device

Client charged with felony unlawful use of financial transaction device facing up to 20 years in prison. Result: case dismissed by the court

Possession of Methamphetamine with Intent to Deliver

Possession of Methamphetamine with Intent to Deliver reduced to a misdemeanor, Geneva, Fillmore County.

Soliciting a Prostitute

Client charged with soliciting a prostitute in an undercover human trafficking sting operation in Lincoln, Lancaster County Nebraska. After a jury trial client was found Not Guilty.

Felony Possession of a Firearm

Client charged with felony possession of a firearm of school property in Lincoln, Nebraska. Lancaster County. Case dismissed by judge after preliminary hearing (there is an article on the case on journal-star.com)

Burglary

Client charged with aiding and abetting a burglary in Lincoln, Nebraska. A Berry Law attorney secured a not guilty verdict.

Alleged Conspiracy for Marijuana Delivery

After a Missouri resident spent time in a Nebraska jail for allegedly conspiring to deliver marijuana with a firearm, the charges were dropped and he was released from jail. The state had violated the defendant’s right to a speedy trial and the judge proceeded to dismiss the case. The man was represented by Attorney Chad Wythers. Click here to read more.

Acquitted of Sexual Assault

A young man accused of committing sexual assault was recently found not guilty by a Lancaster County jury. If convicted, the man would have faced up to 50 years in prison.

Child Sexual Assault

A man accused of committing third-degree sexual assault of a child was found not guilty by a Lancaster County jury. Defense Attorney Mathew Aerni said that the incident should have been proved by the state, instead of just assuming it “probably happened.”

First-Degree Sexual Assault of a Child, etc.

Client charged in Howard county with three sex crimes: First-Degree Sexual Assault of a Child (20 years to life in prison), Incest (1-20 years) and Third-Degree Sexual Assault of a Child (0-5 years). Today all 3 felony counts were dismissed. Case Dismissed.

Third-Degree Sexual Assault

Client found not guilty of third-degree sexual assault, Lincoln Nebraska Lancaster County. Had the man been convicted, he would have faced a 15-year registration period as a sex offender in Nebraska, possibly a longer period in other states

Multiple Drug Charges

Client charged in Seward County, Nebraska in Seward County District Court with possession with intent to distribute cocaine (3-50 years), Possession with intent to distribute heroin (3-50 years) , Possession with intent to distribute marijuana (1-20 years) , Possession of marijuana over one ounce, but less than one pound (misdemeanor)

Result: The traffic stop detention, arrest, and search of the client’s vehicle were challenged under the Fourth, Fifth and Fourteenth Amendment grounds. The court sustained the defendant’s motion to suppress finding that evidence was illegally obtained. Case dismissed.

Felony Failure to Register as a Sex Offender

Client charged with felony failure to register as a sex offender Lincoln, Nebraska. Lancaster County. Charge reduced to attempted failure to register and client sentenced to $750 fine.

Felon in Possession of a Firearm and Terroristic Threats

Client was charged with felon in possession of a firearm and terroristic threats in Saline County Nebraska. Client was facing prison terms of 3-50 years and 0-4 years. Client pled to reduced charges and received a sentence of probation.

Burglary

Client charged in Jefferson County, Nebraska with Burglary. Berry Law attorney secured a dismissal of the felony following a preliminary hearing.

Felony Possession with Intent to Distribute Marijuana

Lincoln, Lancaster County Nebraska

Reduced to Misdemeanor of Attempted Possession of more than (1) pound of Marijuana.

Domestic Assault

Omaha, Douglas County Nebraska

Not Guilty/ Dismissed

Felony Possession with Intent to Distribute Marijuana

Client charged with felony possession with intent to distribute marijuana, in Hamilton County Nebraska facing up to 20 years in prison. Charges reduced to a misdemeanor with a fine.

Use of a Firearm to Commit a Felony and Terroristic Threats

Client was charged with Use of a Firearm to Commit a Felony and Terroristic Threats and was facing up to 50 years in jail with a mandatory minimum of 5 years.

Due to the zealous representation by Berry Law attorneys, all charges were dropped.

Domestic Assault Lincoln

Lancaster County

Not Guilty / Dismissed

First Degree Sexual Assault

Client charged with first-degree sexual assault in Hall County, Nebraska, a Class II felony punishable by up to 50 years imprisonment. Not Guilty/Case Dismissed.

First Degree Sexual Assault

Lincoln, Lancaster County

Not Guilty / Dismissed

Third Degree Sexual Assault

Papillion, Sarpy County

Not Guilty/Dismissed

Strangulation

Lincoln, Lancaster County

Not Guilty / Dismissed

First Degree Assault and Use of a Deadly Weapon

Lincoln, Lancaster County

Not Guilty/Dismissed

Possession of Money in Violation of State Drug Laws

Possession of Money in Violation of State Drug Laws

Not Guilty/Dismissed

Aiding and Abetting Possession with Intent to Distribute

Aiding and abetting possession with intent to distribute marijuana reduced to misdemeanor with a fine of $1000 and no jail time, Lincoln, Lancaster County.

Statutory Rape Case in Nebraska

Recently we had a female client who was accused of sexually assaulting a minor and statutory rape in Nebraska. The client subsequently had a baby, and the prosecutor obtained a warrant to try and forcibly take a blood sample of the baby to determine if the minor victim was the father of the newborn infant. We obtained a copy of the warrant and filed a Motion to Quash the execution of the warrant based upon the lack of probable cause in the affidavit that was filed in support of the warrant. We also prepared an argument that the court’s declaratory judgment powers allowed a judicial ruling that the affidavit for the warrant lacked probable cause, and as such, the warrant was invalid. After we filed motions with the court and prepared for the hearing, the prosecutor agreed and summarily revoked the warrants. Certainly the prosecutor can again attempt to obtain another warrant based upon a new affidavit which contains sufficient probable cause that the statutory rape occurred, but until that happens, the client is able to sleep more soundly knowing that the officer cannot forcefully take a blood sample of her infant.

Attempted Robbery Charges

Reduced Charges – A young man who was involved in a hotel robbery received five years’ probation. His attorney, Matt Aerni, pointed out that the defendant had merely made a bad decision while low on cash. The defendant did not have a prior criminal history. Click hereto read more.

Possession of Counterfeit/Unauthorized Access Devices

Client charged with possession of 15 counterfeit/unauthorized access devices in the Federal District Court of Omaha, Nebraska facing up to 10 years imprisonment on each charge with a federal sentencing guideline range of 30-37 months in federal prison. Through plea agreement client was sentenced to 5 years of probation and ordered to pay restitution with no prison time.

Interstate Drug Stop with Possessing Drug Money

Client charged in an interstate drug stop with possessing drug money in violation of Nebraska Criminal Law. Berry Law filed a motion to suppress and the court found the detention of the defendant was illegal and all evidence found during the traffic stop and search was suppressed. All charges against the defendant were dismissed prior to trial.

Felony Strangulation, Felony Assault on a Pregnant Woman and Criminal Mischief

Client charged in Lincoln, Lancaster County with felony strangulation, felony assault on a pregnant woman and criminal mischief. Client pled to two misdemeanor charges and was sentenced to a term of time served and 18 months’ probation.

Robbery

Robbery reduced to giving false information, Lincoln, Lancaster County

1st-Degree Sexual Assault

1 ^st- degree Sexual assault reduced to procuring alcohol to a minor resulting in probation

1st-Degree Sexual Assault

1 ^st -degree sexual assault reduced to third degree (non-sexual assault) resulting in a $1000 fine with no probation or jail

Federal Drug Conspiracy

Federal drug conspiracy, client with two prior felony convictions facing a mandatory life sentence—reduced to 18 months in prison

Contributing to Delinquency of a Child

Client convicted of contributing to the delinquency of a child in Lincoln, Nebraska, Lancaster County. Client sentenced to probation with no jail time.

Aiding & Abetting a Drug Felony

Lincoln, NE Lancaster County–Client charged with aiding and abetting a drug felony for possession of money while violating Nebraska drug statute $28-416(1). The total amount of money was in excess of $400,000. Criminal case dismissed.

Theft by Unlawful Taking

Omaha, NE Douglas County–Client charged with theft by unlawful taking facing a felony charge of 1-20 years for stealing $124,000. Client was sentenced to probation and avoided prison time.

Road Rage Charges Dropped

A Missouri man recently received not guilty verdicts to charges of road rage that could have sent him to prison for many decades. Evidence surrounding the case was murky and Attorney John Berry reminded the jurors that they only had to decide if the defendant was guilty beyond a reasonable doubt. Jurors decided he was not, giving the man a new lease on life.

Former National Guardsman Receives New Trial

A former Nebraska National Guardsman who was convicted of first-degree sexual assault has now been given a new trial. The high court said certain evidence prejudiced the defendant to the jury and is cause for a new trial. John Berry, Jr., a Lincoln defense attorney, pointed out that the defendant was under a great deal of stress at the time.

Student Convicted of Robbery Benefits from Plea Deal

A young man in Lincoln, Nebraska was convicted of robbery after his involvement in several different planned thefts. He used Craigslist to rob two different individuals, both at gunpoint. The police caught him after an incident in Des Plaines. The defendant’s lawyer, Chad Wythers, encouraged him to plead no contest. Doing so allowed him to avoid a gun charge and become eligible for parole after serving one year in jail.

Attempted First-Degree Sexual Assault

In June of 2014, a young man met up with a minor with plans to have sex with the girl. The minor girl’s father appeared on the scene and reported the incident to the police. The defendant was represented by Attorney Chad Wythers, who argued for probation by saying that the defendant’s mental capacity was that of a child. The defendant pled no contest and received jail time, five years of probation, and mental health treatment. Click here to read more.

Rape Charge Dismissed

A college student in Lincoln, Nebraska was accused of committing statutory rape against a young girl. However, Attorney Chad Wythers was adamant that his client did not do the things he was accused of. At trial, the alleged victim refused to testify and the charges against the defendant were dropped.

Rape Accusations

Although a Tulsa man was accused of committing rape, he insisted that he was innocent throughout the entire case. He pleaded no contest to disturbing the peace, following a first-degree sexual assault charge. Attorney Chad Wythers pointed to inconclusive evidence and a changing story from the accused victim. The defendant served just 19 days in jail.

Soliciting Underage Sex

A man arrested for asking for sex from an undercover officer impersonating a 15 year old girl was sentenced to probation and community service instead of imprisonment. The defendant’s lawyer, Chad Wyther’s , said that his client acted out of character. His wife also begged the judge not to send her husband to jail. He recieved Probation Only.

Application for Pardon

Charlie Starkweather’s alleged girlfriend and accomplice in his 1958 killing spree hopes to clear her name by filing a pardon. After spending 17 years in jail as a model prisoner and living an admirable life since then, Attorney John Stevens Berry Sr. believes a pardon will be the best chance at clearing her name. Click here to read more.

Second Conviction Thrown Out

Erased Prison Sentence – After receiving two jury verdicts against him, a Wyoming man recently had his second conviction and prison sentence thrown out after his plea. The man was charged with allegedly selling cars without a dealer’s license. He pleaded no contest and Nebraska’s high court erased his prison sentence because of faulty jury instruction. The defendant was represented by John Berry.

State Pays $250k to a Wrongly Convicted Man

A Grand Island man will receive $250,000 from the state of Nebraska due to being wrongfully convicted of killing his wife. Evidence was withheld and prosecutorial misconduct occurred, causing the man’s conviction to be overturned in 1970 by the Nebraska Supreme Court. His attorney, John Stevens Berry, said the state will also include costs in the total amount.

Felony Possession of Money to Be Used in Violation of Nebraska Drug Statues

Client charged with felony possession of money to be used in violation of Nebraska drug statues Neb. Rev. Stat. 28-416(1). Case dismissed.

Stalking and Domestic Assault

Lincoln, Lancaster County

Not Guilty / Dismissed

Possession with Intent to Distribute Cocaine

Possession with Intent to Distribute (approximately 50 lbs of Cocaine) in Federal Court

Possession of Money in Violation of Federal Drug Laws

Possession of Money in Violation of Federal Drug Laws

Not Guilty/Dismissed

Conspiracy to Distribute Marijuana

York, York County

Not Guilty / Dismissed

Conspiracy to Distribute Marijuana, Money Laundering, and Racketeering

Client charged in Federal court with Conspiracy to Distribute Marijuana, Money Laundering, and Racketeering. A favorable plea agreement was made and despite a sentencing guideline recommended 18-24 months in prison, client received a sentence of probation only.

First-Degree Sexual Assault of a Child, Five Counts

After nearly three years of trial preparations and two days of testimony, client was acquitted of five counts of first-degree sexual assault on a child. The jury returned a unanimous not-guilty verdict.

Felon in Possession of a Firearm

Felon in Possession of a Firearm reduced to Trespassing, York, York County.

Possession of Money in Violation of State Drug Charges

Possession of Money in Violation of State Drug Charges reduced to a Misdemeanor with time served, Seward, Seward County

Woman in York County Avoids Federal Indictment

When a woman in York County was found to be involved in a marijuana trafficking case, she was able to avoid federal charges, thanks to the help of Attorney Chad Wythers. The woman had no previous felony convictions on her record and was tried in District Court. The judge penalized the woman with a felony conviction and a $5,000 fine.

Terroristic Threats

Not Guilty/Dismissed

Third-Degree Sexual Assault

Third-Degree Sexual Assault, Lancaster County Court, Lincoln, NE

Not Guilty/Dismissed

Felony Assault on an Officer

Lincoln, Lancaster County

Client arrested for felony assault of an officer and facing prison time. Charges reduced to misdemeanor assault and client sentenced to probation.

First-Degree Sexual Assault

Client charged with first-degree sexual assault of a child facing 20 years to life in prison, Pandering, facing an additional 1 to 50 years in prison, And your procuring alcohol for a minor, up to one year in prison. Client found not guilty on all counts. Read more about this case here.