• Sexual Assault Protection Order

    Dismissed by the Court after Contested Hearing

    Berry Law client, a high school student, was served with a sexual assault protection order by the mother of a peer after her daughter snuck him into the house one night. When word got out, the daughter alleged the sex was nonconsensual. Berry Law attorney Sarah Newell consulted a digital forensic expert to recover deleted text messages and with the help of junior attorney, Abbie Steiner, we were able to expose inconsistencies in the daughter’s testimony. Not only was the protection order dismissed, but, the County Attorney decided not to file criminal charges.

  • First Degree Sexual Assault

    Reduced to felony child abuse and misdemeanor sex assault with 2 years probation and 90 days jail suspended.

    Berry Law attorneys Eric Hagen and Mallory Hughes poked holes in the alleged victim’s late report and inconsistent description of events; they were then able to negotiate a favorable outcome despite the client’s statement to law enforcement.

  • Driving Under the Influence of Drugs

    Reduced to Willful Reckless Driving with an agreement for 6 months probation

    Berry Law client was charged in Dodge County with driving under the influence of drugs. Berry Law attorney Seth Morris recognized flaws in the Drug Recognition Expert’s analysis and secured an independent expert to expose the flaws and secure a better outcome.

  • First Degree Sexual Assault on a Child, Third Degree Sexual Assault on a Child, and Incest

    Reduced to a single, non-registerable felony child abuse charge and an agreement to recommend probation with a nominal jail sentence.

    After taking in his granddaughter when her mother grew tired of her sexualized behavior, the granddaughter then accused him of sexual misconduct. Berry Law Attorneys Mallory Hughes and Eric Hagen moved to introduce evidence regarding prior sexual behavior and expert testimony relevant to provide context to the allegations. The State offered a favorable plea agreement when the Court appeared likely to grant the defense’s motions.

  • Driving Under the Influence (DUI) and Reckless Driving

    Offer to Dismiss the DUI and Recommend a fine on the Reckless Charge

    Client was charged with Driving Under the Influence (DUI) and Reckless Driving. Berry Law Attorney Matt Knipe identified and retained an expert who exposed that the Datamaster wasn’t properly calibrated or maintained. After reading the expert’s report, the prosecutor acknowledged that he couldn’t prove the DUI and dismissed the charge.

  • Title IX Investigation

    Case Dismissed

    A fellow student brought a Title 9 action against our client, alleging he sexually assaulted her during an off-campus extra-curricular activity. Berry Law Attorney Sarah Newell worked closely with the client and client’s family to expose multiple inconsistencies in the Petitioner’s claims and behaviors despite the limited due process protections afforded in the secondary education setting. Just before written arguments were due, the petitioner withdrew the allegations.

  • Assault by Strangulation

    Case Dismissed

    Client was charged in Douglas County with Assault by Strangulation, but, the client has maintained his innocence from day one and refused to accept any plea offers. Berry Law attorney Mike Wilson insisted on deposing the alleged victim, who failed to appear for two depositions. The week before jury trial, the prosecutor dismissed rather than proceeding with trial.

  • Possession of a Controlled Substance

    Case Dismissed

    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 Firm 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

    Settled with No Contest plea to one count of 3rd Degree Assault

    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 3rd Degree Assault. Client was given credit for 2 days already served and no probation.

  • Intentional Child Abuse resulting in Serious Bodily Injury

    Reduced to Negligent Child Abuse

    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.

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