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  • IT Security: Potential Liability for Small Businesses

    || 27-Aug-2015

    Torts – or civil wrongs – evolved over a thousand years as a means of preventing blood feuds, but they are constantly being applied to new situations by the courts. Negligence, one of the most common torts, has been around for several hundred years, long before the invention of the automobile where we so often see it applied today. Negligence does not require intentional wrongdoing, ...
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  • John Berry Interviewed by KETV in Drug Cash Seizure Case

    || 20-Aug-2015

    John Berry was featured in a story on KETV NewsWatch 7 yesterday, “ Charges dropped in suspected Lancaster County drug stop.” He was interviewed in connection with a case in involving suspected drug money seized after a traffic stop. Berry Law Firm is one of the leading criminal defense firms in Nebraska for drug and cash seizure cases such as the one in question. The traffic stop ...
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  • Almost all evidence that the State presents against a criminal defendant is prejudicial. In determining whether the evidence is admissible, the Judge must decide whether the evidence the government wishes to present is unfairly prejudicial. The basic rule is that when a jury decides a criminal case, the decision should be based only on whether the defendant committed the alleged crime. The ...
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  • Solicitation of Prostitution Stings

    || 18-Aug-2015

    In the past month, there have been a couple of solicitation of prostitution sting operations in Lincoln, Nebraska. The sting operations in Lincoln are similar to others in Omaha, throughout Nebraska, and the rest of the United States. During these sting operations, a law enforcement officer will pose as a prostitute on an internet site such as Backpage.com or Craigslist.com and provide a listing ...
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  • Out of state motorists are often stopped on Interstate 80 for minor traffic violations. While Nebraska drivers stopped for the same infractions are told to wait in the car and a ticket is produced quickly, such often is not the case with out of state motorists traveling through Nebraska. Watch John Berry on KETV NewsWatch 7, "Pennsylvania Man caught with thousands of dollars won't face ...
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  • Helping Your Criminal Defense Lawyer Win Your Case

    || 14-Aug-2015

    In criminal cases, while many of the decisions belong to the lawyer, several decisions belong to the client. The client gets to decide the following: Whether to plead guilty or not guilty. Accept a plea bargain. Waive jury trial. Testify at trial. Appeal. These are important rights and while the attorney will advise the client about these rights, the rights ultimately belong to the client. ...
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  • I'll Take Constitutional Law for $1000, Alex.

    || 11-Aug-2015

    Answer: This clause of the federal and Nebraska Constitutions protects a defendant against three separate abuses: A second prosecution for the same offense after acquittal; A second prosecution for the same offense after conviction; and Multiple punishments for the same offense. Question: What is the Double Jeopardy Clause? In the simplest of examples, the Double Jeopardy clause of the Nebraska ...
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  • Spoliation of Evidence in Cash Seizure Cases

    || 5-Aug-2015

    Out-of-state cars traveling west through the State of Nebraska are often stopped by law enforcement. Usually, the reason for the stop is following too closely or some other minor traffic violation that may or may not have occurred. After the traffic stop, the officer will ask the driver about the purpose and destination of the travel. During this time the officer will attempt to establish ...
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  • One of my greatest loves at the Berry Law Firm is helping small business clients avoid trouble. Often this involves issues of employment law. Many of my small business clients have experienced terminating a problem employee. Recently one of my clients experienced an employee theft and terminated the employee. The employee even admitted to the crime. My client wanted to withhold from the ...
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  • Gay Marriage: Legalization Implications in the Aftermath

    || 27-Jul-2015

    The recent United States Supreme Court decision regarding gay marriage resolved one question, that is, whether it is legal for states to deny same sex couples the right to get married. And now opportunities will be presented to start answering all of the hypothetical questions which were posed before the national legalization of gay marriage. Issues such as whether gay marriage will lead to ...
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  • Federal Investigations

    || 23-Jul-2015

    Often we receive calls from individuals who have been interviewed by the FBI, DHS, IRS, or another three-letter agency. The person calling us is concerned that he or she may be the target or subject of a federal investigation and feels that he or she may need representation before things get out of hand. Federal Investigators Cast a Wide Net The reality is that the target of an investigation is ...
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  • Anatomy of a DUI Stop

    || 22-Jul-2015

    The penalties for a conviction of driving under the influence of alcohol in the state of Nebraska are severe. Many times, good people who have only had a few drinks are stopped and arrested for driving under the influence. The consequences can have a long time impact on things such as employment and insurance costs. In the State of Nebraska, a traffic violation, however minor, “...creates ...
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  • When Business Relationships Sour

    || 23-Jun-2015

    Many consider their business partners members of their family – and, believe me, nobody drives me crazy like my family. Similar to the rate of divorce, about half of the business relationships I witnessed deteriorated to the point where someone wanted out – or wanted someone else out – even among friends. You have heard me preach it before: just like good fences make good ...
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  • Lawyers, Guns, and Money

    || 17-Jun-2015

    “I was gambling in Havana. I took a little risk. Send lawyers, guns and money. Dad, get me out of this.” Those are lines from “Lawyers, Guns, and Money”, by the late Warren Zevon. The lyrics may make one think of a person willing to do whatever it takes, legal proceedings, violence, or bribery to get himself out of a sticky situation. Although violence and bribery do not ...
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  • Encounters With Cops

    || 16-Jun-2015

    Many of us have had contact with law enforcement. For some people, interactions with cops have led to arrests, and for some people, no arrest. Sometimes when stopped for a minor traffic infraction, police may place a person in their cruiser; other times, a person may stay in the driver’s seat of their own car. The Fourth Amendment provides that the “right of the people to be secure in ...
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  • Sexual Assault Allegations on College Campuses

    || 15-Jun-2015

    Within the past year, Berry Law Firm has represented faculty and students at universities who were accused of rape. In both instances, a Federal Title IX hearing was held and the University officials found by a preponderance of the evidence that the accused engaged in sexual misconduct. In both cases, criminal charges were never filed. While the Title IX policy makes sense, the execution of the ...
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  • Berry Law Firm Wins Terroristic Threats Trial

    || 11-Jun-2015

    On June 9th, 2015, Berry Law Firm attorney Justin Kalemkiarian secured a not guilty verdict for a client charged with one count of making a terroristic threat. The case stemmed from a situation in which the acquitted defendant was accused of threatening another person with a crime of violence. The crime of making terroristic threats is charged under Nebraska Revised Statute 28-311.01 and is a ...
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  • Interstate 80 Drug Stops

    || 8-Jun-2015

    Throughout Interstate 80, individuals driving cars with out of state plates are stopped, taken to the police car to be questioned, and eventually their cars are searched. Sometimes the search occurs with consent. Sometimes the search occurs without consent. Often individuals who have been stopped by law enforcement and his vehicle searched without consent complain that there was never a warrant to ...
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  • Interstate Cash Seizures

    || 5-Jun-2015

    Often in Lancaster, Seward, and York Counties, the state patrol or deputy sheriff will stop vehicles traveling west hoping to uncover and find large amounts of cash. Law enforcement will then claim that this cash is currency used or to be used in a drug transaction. Not only is the cash seized, but the defendant is charged with a Class IV felony carrying a term of up to five years in prison. Often ...
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  • How Much Will This Divorce Cost Me?

    || 27-May-2015

    The short answer is: Get out the check book. Certainly not every divorce is going to be costly for the parties involved. In the case of a couple that has been married only a short time, and have no children, it is unlikely that a divorce will financially cost either of the parties much money, other than relatively low attorney fees, and/or the additional cost one pays to no longer share expenses ...
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  • Recent Discovery Trends for DUI Cases

    || 8-May-2015

    For many years, prosecutors have possessed an unfair advantage in the area of investigative resources. Having an unlimited budget has allowed prosecutors to use inexhaustible resources in finding every possible shred of evidence that might be remotely related to a criminal investigation. That unfair advantage is gradually shifting and balancing to give defendants more tools. Years ago, the use of ...
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  • Unreasonable Detention and Drug Dogs: The Rodriguez Decision

    || 27-Apr-2015

    On April 21st, in Rodriguez v. The United States, the United States Supreme Court held that without reasonable suspicion, a traffic stop that is extended in order to conduct a drug dog sniff is an unreasonable seizure. This means that unless an officer has more than just a hunch that criminal activity is afoot, the officer cannot continue to detain the person in order to run a drug dog around the ...
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  • Can I Talk Myself Out of an Arrest?

    || 14-Apr-2015

    Every defense attorney should know that one of the best possible defenses to a criminal charge or conviction is controlling the message, primarily the message told by the person being investigated for a crime. One of the most common reasons that people are convicted is simply because they do not shut up. We have all heard stories where a person might have gotten away with committing a crime had ...
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  • The Technological Revival of the 4th Amendment

    || 3-Apr-2015

    After the passing of the Patriot Act, constitutional scholars bemoaned the demise of the 4th Amendment. See, e.g., Susan N. Herman, The USA Patriot Act and the Submajoritarian Fourth Amendment, 41 Harv. C.R.-C.L. L. Rev. 67, 106 (2006). The right to privacy gave way to protection against terrorism. Several three letter agencies probed us and scrutinized our actions. The TSA patted us down then put ...
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  • Choose Your Friends Wisely

    || 25-Mar-2015

    Supposedly there is an old Chinese proverb which says something to the effect of: It is easy to dodge the arrow of an enemy, but difficult to avoid the spear of a friend. I suppose that can be taken to mean that when your friends are pointing out your flaws, which may hurt your feelings, it can be hard to avoid the truth behind what they say. On the other hand, even the spears they inadvertently ...
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