OUR Case Results

Felony Theft Case

Motion to Dismiss

Berry Law: Criminal Defense and Personal Injury Lawyers 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

Reduced to Misdemeanor with No Sex Offender Registration

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: Criminal Defense and Personal Injury Lawyers 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 Found Not Responsible for Violation of University Code

Client facing sanctions, up to possible expulsion from the University, for a Title IX violation related to an alleged sexual assault. Berry Law: Criminal Defense and Personal Injury Lawyers 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

Acquittal on Two Counts; Client Retained Hunting and Fishing Privileges

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: Criminal Defense and Personal Injury Lawyers 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

Case Dismissed with Prejudice

Client facing three counts of domestic assault in Sarpy County with a potential jail time totaling 3 years. During pretrial proceedings, Berry Law: Criminal Defense and Personal Injury Lawyers 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.

Domestic Abuse Protection Order

Ex Parte Protection Order Dismissed

Client was facing termination from his job, loss of 2nd Amendment Rights, and removal from his home due to a domestic abuse protection order.  Berry Law: Criminal Defense and Personal Injury Lawyers attorney Seth Morris successfully argued that there was conflicting testimony, no independent evidence, no witnesses, and a history of untruthfulness by the Petitioner causing the judge to dismiss the case. Gun rights reinstated, client not removed from his home, and will not be terminated from his employment.

First Degree False Imprisonment

Felony Count Dismissed

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: Criminal Defense and Personal Injury Lawyers 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

Case Dismissed

Client charged with 3rd Degree Domestic Assault in Lancaster County, NE. Berry Law: Criminal Defense and Personal Injury Lawyers 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

Favorable Plea Agreement

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: Criminal Defense and Personal Injury Lawyers 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

All Cases Dismissed

Client faced multiple domestic abuse charges in Sarpy County. Berry Law: Criminal Defense and Personal Injury Lawyers 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.