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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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  • 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 or 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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