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  • The legalization of marijuana in Colorado combined with Interstate 80 have resulted in a increase in the number of criminal arrests and convictions in the State of Nebraska for people traveling with marijuana. In the State of Nebraska, it is illegal to possess marijuana. The penalties associated with possession vary depending upon the weight of the marijuana. Nebraska Revised Statute §28-416 ...
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  • Asset Forfeiture

    || 20-Jan-2015

    Forfeiture is a penalty used to take the profit out of crime. It is also big business for the government. However in January of 2015, Attorney General Eric Holder announced that he would not allow local and state police to continue to seize cash and other property without criminal charges or warrants. In the state of Nebraska, one of the most common forfeiture cases is an interstate drug stop ...
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  • Prescription medication is rapidly developing. Doctors want to use the best in science and medicine to help their patients. One of the negative effects of modern medicine is the patient's potential addiction to prescribed drugs resulting in criminal charges. Today it is not just the illegal prescription drug user who is prosecuted; everyone involved in the distribution of controlled substances ...
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  • False Confessions

    || 16-Jan-2015

    The goal of any police interrogation is to get a confession. Police do not interrogate people they believe to be innocent. There is a long history of people confessing to committing crimes they did not commit. In Nebraska, one need look no further than the Beatrice 6 or the Mathew Livers case to see evidence that false confessions happen during interrogations. Often, a criminal defendant will ...
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  • Prosecutorial Misconduct

    || 15-Jan-2015

    If the police violate a citizen's constitutional rights, the evidence unlawfully obtained is not admissible in court. Often when a judge suppresses the illegally obtained evidence, the defendant wins the case. Thus because law enforcement officers understand that their misconduct may cause the suspect to go free, they are deterred from violating that suspect's rights. The same is not true ...
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  • The Keystone Pipeline is again in the news as Congress gets ready to approve the pipeline route through Nebraska. The pipeline, which has already been completed in several states, is a 36-inch pipe that would carry 830,000 barrels of crude oil per day, mostly originating in Canadian tar sands, to be refined on the Gulf Coast, in Texas. Proponents of the pipeline are optimistic they have sufficient ...
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  • Attorneys rarely see people at their best. Typically, there is a problem, be it a crime, injury, contract dispute, trouble dispersing a deceased loved one's assets, etc, and talking to an attorney is seen as a "last resort" in order to solve the problem. Often, however, had the client come in when the problem was first discovered, much time, money, and stress could have been saved. ...
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  • A Lawsuit Up in Smoke?

    || 30-Dec-2014

    About States of Nebraska and Oklahoma v. State of Colorado As you are probably aware, the State of Colorado legalized (to a certain extent) the recreational use of marijuana, and the associated marijuana industry. Legalization occurred through an amendment (Amendment 64) to the Colorado Constitution, which voters approved in November, 2012. The first stores selling recreational use marijuana ...
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  • Should I hire a criminal defense attorney now or wait?

    || 23-Dec-2014

    This is a question frequently asked by clients when looking to hire a criminal defense lawyer for a relative, friend or themself. In my experience, the sooner an attorney from the Berry Law Firm can enter an appearance in a criminal case, the more likely the results are going to be favorable for somebody charged with a serious felony. Because attorneys from our office have represented clients from ...
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  • Reasonable Expectation of Privacy

    || 16-Dec-2014

    The warrant requirement of the Fourth Amendment of the United States Constitution is still alive in the State of Nebraska. In a December, 2014 Nebraska Supreme Court decision, the Court made it clear that the state must follow Federal Court rulings noting that the warrantless search exceptions recognized in the State of Nebraska do not include "probable cause" searches. While cars and ...
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  • Statute of Frauds and Partial Performance

    || 11-Dec-2014

    As a general rule, the Statute of Frauds allows a party to avoid oral agreement for the sale of real estate, the costs of goods over $500, a marriage contract, the guarantee of another's debt, or contracts that cannot be completed within one year; however, where there is partial performance, an oral contract may become enforceable. What if an oral contract is both for over one year and for ...
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  • Ferguson, Eric Garner, and Grand Juries in Nebraska

    || 8-Dec-2014

    With recent events in Ferguson, MO and with Eric Garner in Staten Island, NY, the term "grand jury" has become a much-discussed topic. There has been confusion as to the composition and purpose of a grand jury. Before getting to the topic of grand juries, however, it is important to give a brief overview of how felonies progress through the Nebraska state court system. Felonies in ...
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  • The Under the Legal Limit DUI Arrest

    || 4-Dec-2014

    While state DUI laws vary, most states prohibit driving with a blood alcohol content (BAC) is greater than.08 grams of alcohol per deciliter of your blood, OR while under the influence of any drug, or alcohol. Many people operate a vehicle relatively soon after drinking (like after last call when the bar closes) and do not have a BAC greater that.08, and are not under the influence of alcohol. A ...
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  • Excellence in the Courtroom

    || 26-Nov-2014

    Athletes and soldiers achieve excellence through training. In sports, practice is crucial. In the military, battle drills and rehearsals are used to prepare for combat. Any endeavor in which excellence is expected, that requires constant training. This is no different for lawyers. While most states have continuing legal education requirements that mandate attorneys to participate in a minimal ...
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  • Should I Hire a Criminal Defense Attorney Now or Wait?

    || 24-Nov-2014

    This is a question frequently asked by clients when looking to hire a criminal defense lawyer for a relative, friend or themself. In my experience, the sooner an attorney from the Berry Law Firm can enter an appearance in a criminal case, the more likely the results are going to be favorable for somebody charged with a serious felony. Because attorneys from our office have represented clients from ...
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  • Nebraska Forfeiture Cases on the Rise

    || 19-Nov-2014

    Years ago, I heard a State Trooper testify that on Interstate 80 drugs travel East and money travels West. Back then, most interstate drug stops involved drugs such as marijuana, methamphetamine, cocaine, and heroin destined for cities such as Chicago, Minneapolis, New York, or Washington DC. While we are still regularly contacted by individuals stopped and arrested for possession with intent to ...
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  • Lincoln teens may be enjoying their freedom of youth with a little too much partying; this is a worry that has some locals fearing for the state of their forests and homes. A leading concern among citizens in this dry weather is the potential for bonfire parties to cause huge forest fires, which can eventually lead to criminal defense being necessary because of excessive damage. Police are ...
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  • In the recent case in State vs. Lavalleur, the Nebraska Supreme Court found that the defendant was denied his constitutional right to confront the alleged victim when the court prevented him from asking the victim about a relationship in which she was involved when she made the rape allegation. In Lavalleur, the defendant sought to present evidence that the alleged victim was in a sexual ...
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  • Sex and the Workplace

    || 26-Sep-2014

    Title VII of the Civil Rights Act of 1964 prohibits discrimination in the terms, conditions, or privileges of employment based on race, color, religion, sex, or national origin by employers with 15 or more employees, states and political subdivisions, and educational entities. When “sex” was added by amendment to the legislation on the floor of the House of Representatives, it was done ...
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  • Complicated Computer Crimes

    || 27-Aug-2014

    Law enforcement has improved crime fighting technology vastly over the past few years. The internet is often used to commit crimes such as internet sex crimes, identity theft, and terroristic threats. Some citizens concerned with the government’s confirmed spying through sources such Edward Snowden, Wikileaks and have taken steps to attempt to communicate in private. Some internet users ...
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  • Federal Drug Sentences May Be Reduced

    || 12-Aug-2014

    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, good news may be coming soon. In April of this year, the United States Sentencing Commission proposed Amendment 782, which reduces by two levels the offense levels assigned to drug quantities ...
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  • In April 2013, the U.S. Supreme Court decided Missouri v. McNeely holding that the natural dissolution of alcohol in one’s bloodstream does not necessarily justify a nonconsensual blood draw absent a search warrant. The defendant in McNeely was stopped for speeding and crossing the centerline. During the stop, officers became suspicious that McNeely was intoxicated and asked him to submit to ...
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  • The Federal Criminal Jury Trial

    || 17-Jun-2014

    Any person accused of a crime has a Sixth Amendment right to trial. Often in federal drug cases such as possession with intent to distribute cocaine or conspiracy to distribute methamphetamine, the potential sentence if convicted varies greatly. Defendants in federal cases are often faced with a very difficult decision of exercising their right to trial and potentially facing a much more severe ...
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  • It takes money to make money, or so the saying goes. Access to sufficient capital is one of the major considerations why some businesses fail and others don’t. One of the great things about working with small business is I occasionally witness them become big business. There are programs in Nebraska that can help small businesses get the capital they need to succeed. In 2011, with the goal ...
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  • On behalf of Berry Law Firm posted in Drunk Driving on Thursday, January 2, 2014. Even if Lincoln residents may indulge in the occasional party, keeping road safety in mind is important. Having a drunk driving incident on your record can be hugely damaging in many ways, some temporary and some irreversible. Some of the consequences for DUI charges may soon be faced by one Natick woman. After being ...
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