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Blog Posts in August, 2015

  • 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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