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  • Tips to prepare for a C & P exam

    || 5-Feb-2016

    When veterans receive a Compensation & Pension ( C & P) examination notice, they struggle to determine where to start preparing for it. In the end, they make the mistake of walking into the C & P Examination blind. Below are four tips to preparing for a C & P Exam: 1. Determine the purpose of the examination. This may seem like common sense, but when veterans have multiple claims ...
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  • Nebraska Money Forfeiture Cases

    || 3-Feb-2016

    Many Nebraska money forfeiture cases begin when people with out-of-state license plates travel through Nebraska heading west and are stopped by law enforcement. Immediately law enforcement asks whether the driver or passenger have any large sums of cash or whether they intend to purchase marijuana in states such as Colorado, California or Oregon. Law enforcement then finds a reason to search the ...
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  • Cold War Service in Europe

    || 1-Feb-2016

    Many veterans don’t realize that they don’t need to have served during a time of war or in a combat zone to be entitled to disability compensation from the VA. Any injuries that occur during active service are compensable, and that includes injuries that occur while training. In addition, training accidents may result in other problems, such as PTSD. Service members who were stationed ...
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  • Evidence Proving Agent Orange Exposure for Non-Vietnam Vets

    || 28-Jan-2016

    Veterans applying for Agent Orange related conditions including diabetes mellitus, prostate cancer, ischemic heart disease and Parkinson’s disease are receiving a new letter from the VA that may cause some alarm. This letter asks that veteran to provide evidence that they were exposed to Agent Orange in service and is usually sent to vets who were stationed in Guam, Puerto Rico, Thailand, ...
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  • The Legislative Process in Nebraska

    || 27-Jan-2016

    With the new year, the Nebraska legislature is back and, to paraphrase Twain, no one’s life, liberty, or property is safe. What should the average Nebraska resident know about how the process works? First, the Nebraska legislature meets for either a long session (ninety working days) or a short session (sixty working days), with the long session corresponding to the biennial budget. Short or ...
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  • Attorney John Stevens Berry Sr.’s book, The Twelfth Victim is named as one of Steve Drizin's must-read list of books about confessions and interrogations in criminal cases. Drizen, heads up the innocence project at Northwestern Law School and is currently Brendan Dassey’s lawyer. The Netflix series Making a Murderer exposed the prosecution’s coercion of Dassey which resulted ...
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  • The Presumption of Innocence and Jury Selection

    || 19-Jan-2016

    You often hear people say the phrase, presumed innocent but very few people truly understand what that phrase means for a criminal defendant. A person charged with a crime is called the defendant. Defendant is presumed innocent throughout a trial until the government is able to prove the defendant guilty beyond a reasonable doubt. When selecting a jury, experienced criminal defense attorneys will ...
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  • Nebraska Ignition Interlock Driving Permits

    || 4-Jan-2016

    As a convenience to our clients, we created this document to direct clients to various Nebraska DMV resources which clients may find helpful. Following these links will allow you to check on the status of your Nebraska driver’s license, locate a company to install an ignition interlock device in your vehicle, and download the ignition interlock driving permit application. Remember, the ...
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  • Another Solicitation of Prostitution Sting in Lincoln, Nebraska

    || 17-Dec-2015

    Last summer, Lincoln Police set up a sting operation at a hotel in Lincoln, Nebraska. The operation was set up with a website known as backpage.com. Individuals seeking services on backpage would locate a fake page offering “full service” and provided a phone number. Individuals who contacted them were lured by a police to a hotel. Once the individuals arrived at the hotel, there was a ...
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  • Acquittal for Client Charged with Sexual Assault on a Child

    || 10-Dec-2015

    Berry Law Firm recently secured a major courtroom victory on behalf of a client who was on trial for sex crime allegations. The man had been charged with five counts of sexual assault on a child. The case involved nearly two years of preparation for the trial, and testimony in the trial in the Lincoln County District Court was heard for two full days before the jury went into deliberations. As ...
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  • The Eighth Circuit Court of Appeals

    || 1-Dec-2015

    On Friday, I argued a case in front of the Eighth Circuit Court of Appeals. The issue was unique, and dealt squarely with The United States Constitution's Fourth Amendment in the Bill of Rights which prohibits illegal searches or seizures without a warrant or a warrant exception. The Eighth Circuit Court of Appeals is a step below the United States Supreme Court. Basically, government agents ...
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  • When Is an Arrest or Seizure Unreasonable?

    || 27-Nov-2015

    You may have heard the 4th amendment to the United States Constitution protects you from unreasonable searches and seizures. An arrest is a seizure. The general rule is that law enforcement may not arrest you without a warrant, as such an arrest is considered unreasonable. In a criminal case, an unreasonable arrest can lead to the exclusion of evidence of a crime which law enforcement finds during ...
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  • Berry Law Firm attorney Justin Kalemkiarian was featured on KMTV News today in coverage of the sexual assault allegations against a Huskers football player. Watch the video below to see what he had to say about the case:
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  • Evidence Proving Agent Orange Exposure for Non-Vietnam Vets

    || 17-Nov-2015

    Veterans applying for Agent Orange related conditions including diabetes mellitus, prostate cancer, ischemic heart disease and Parkinson’s disease are receiving a new letter from the VA that may cause some alarm. This letter asks that veteran to provide evidence that they were exposed to Agent Orange in service and is usually sent to vets who were stationed in Guam, Puerto Rico, Thailand, ...
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  • Cold War Service in Europe

    || 13-Nov-2015

    Many veterans don’t realize that they don’t need to have served during a time of war or in a combat zone to be entitled to disability compensation from the VA. Any injuries that occur during active service are compensable, and that includes injuries that occur while training. In addition, training accidents may result in other problems, such as PTSD. Service members who were stationed ...
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  • The Nebraska Trade Secrets Act

    || 29-Oct-2015

    Most businesses accumulate data valuable not only to their business, but to their competitors. What is the value of your customer list? Or the business model you perfected? In July 1988, the Nebraska Trade Secrets Act (NTSA) became law. The NTSA was designed with the objective of codifying and strengthening trade secret protection laws in Nebraska. Under the NTSA, a trade secret is ...
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  • The other day I was working with a drug dog expert who was reviewing a video from a police drug stop on Interstate 80 in Lincoln, Nebraska. After having reviewed the video and the training records of the dog, the expert was able to provide me with a great deal of ammunition to attack the government’s case, specifically whether the drug dog was properly trained and whether the drug dog ...
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  • Warrantless Searches

    || 9-Oct-2015

    For the most part, the Fourth Amendment to the United States Constitution indicates that searches by the government conducted without a warrant are not legal. Specifically, the Fourth Amendment provides: The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon ...
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  • Sex Offense Trial Ends with Probation

    || 8-Oct-2015

    When the average person hears that someone has been accused of a sex crime against a minor, their first reaction is to scowl or shake their head. This is unfair, as it indicates that they are already assuming the accused is guilty, despite not knowing any evidence surrounding the case. When our client, Gary (name has been changed for privacy reasons), came to our Lincoln criminal defense attorneys ...
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  • Federal Drug Sentences May Be Reduced

    || 7-Oct-2015

    Approximately 6,000 inmates are set to be released between October 30th and November 2nd, 2015, as the result of recent changes to the US Sentencing Guidelines. If you or a loved one has been found guilty in Federal court and incarcerated as a result of an interstate drug stop, drug conspiracy, distribution of a controlled substance, or other Federal drug charge, you may be eligible for a sentence ...
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  • Dependents' Benefits

    || 5-Oct-2015

    A veteran who has a combined total rating of at least 30 percent can receive additional monthly compensation for his or her dependents. Sometimes, there’s confusion about how to claim dependents, or how to establish that a veteran has dependents. Here’s a quick guide in applying for dependents’ benefits. A “dependent” can be a spouse, child, or even a parent, although ...
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  • New Legislation Possible for "Blue Water" Navy Veterans

    || 24-Sep-2015

    The recent Court of Appeals for Veterans Claims (CAVC) decision opened the door for more “blue water” Navy veterans to receive service-connections for disorders related to Agent Orange exposure. However, there have been some recent developments that might open that door even wider. News reports are now suggesting that more Navy veterans might have been exposed through the distilled ...
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  • Reasonable Accommodation for Religious Beliefs

    || 23-Sep-2015

    Recently a Kentucky county clerk was held in contempt of court for refusing to issue gay marriage licenses out of observance of her religious beliefs. While this clerk was an elected official, the publicity highlighted the issue of what obligations an employer has to accommodate employees with religious beliefs. Title VII of the Civil Rights Act of 1964, which applies to employers of 15 or more ...
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  • When Should a Defendant Testify?

    || 9-Sep-2015

    In any criminal case, the defendant has the right to testify and the right not to testify. If a defendant chooses not to testify, the fact that the defendant did not testify cannot be held against him in court. Furthermore a defendant in a criminal case is entitled to a jury instruction which informs the jury that the defendant has a constitutional right to testify and that the fact that the ...
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  • Sentencing in Federal Court

    || 8-Sep-2015

    Most people have a basic understanding of the process involved to determine a sentence for a person convicted of a crime. In most state courts, a judge imposes a sentence based upon parameters set by the legislature. As an example, in the State of Nebraska, a Class III felony is punishable by a term of imprisonment between one (1) and twenty (20) years in prison. For a person convicted of a Class ...
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