Request My Consultation

How Can We Help?

Quick Contact Form

Send My Info

Blog Posts in 2017

  • IRS Criminal Investigations for Tax Fraud

    || 23-May-2017

    Tax fraud occurs when a taxpayer willfully falsifies information on a tax return to limit their tax liability. This can occur in many forms. Underreporting or omitting income, overestimating expenses or deductions, failing to collect employment taxes, violating employer holding requirements, or making false statements to government officials can all trigger a criminal investigation by the Internal ...
    Continue Reading
  • Do Drug Dogs Really Find Drugs?

    || 19-May-2017

    Drug dogs are trained to alert to the odor of narcotics. This means that a properly-trained drug dog may alert to the odor of narcotics without narcotics being present. This is problematic for many reasons, most importantly because the improper use of drug dogs may violate a citizen’s fourth amendment right when being used by police to search a car, person, or home. At Berry Law Firm, we ...
    Continue Reading
  • Title IX lawsuits are on the rise. Law suits are being filed by both the accused and the alleged victims claiming schools are failing to protect their rights. A recent article published in the ABA Journal discussed the reason for the increase in the lawsuits ( click here to see a recent article published in the ABA Journal). Many young men and their parents feel that during Title IX proceedings, ...
    Continue Reading
  • Sexual assault allegations are taken seriously by both law enforcement and university administrators. The consequences for the accused are severe. Students accused of sexual assault face administrative punishments such as suspension and expulsion but more importantly the parallel criminal proceeding could result in a felony conviction, prison time, and placement on the sex-offender registry. ...
    Continue Reading
  • Berry Law Firm is proud to announce the addition of Rory Berry, who will serve as the firm’s Chief Operating Officer (COO). Tasked with overseeing the daily operations of the firm, Rory Berry will act as a source of both guidance and support for staff and attorneys. Rory was raised in Lincoln and has returned home to take the COO position following work as a Management Consultant and a Vice ...
    Continue Reading
  • How Do I Fight a Possession with Intent to Distribute Charge?

    || 4-May-2017

    What’s the difference between being charged as a drug user or a drug dealer? The difference between possessing illegal drugs and possessing illegal drugs with intent to distribute is huge in the criminal justice system. People charged with simple felony possession of drugs often get their charges reduced from felonies to misdemeanors. Simple possession cases are also more likely to be ...
    Continue Reading
  • What Is a Title IX Investigation?

    || 3-May-2017

    Most people think of Title IX as an initiative for providing equal opportunities for and ending discrimination against women on college campuses. Title IX not only covers sexual discrimination, but also sexual harassment and sexual assault. State universities that do not follow Title IX risk losing state and federal funding. This threat has led to the creation of the position of Title IX ...
    Continue Reading
  • How Do I Fight a Felony Drug Charge?

    || 20-Apr-2017

    The other day, I saw a photo online of a criminal defense attorney’s billboard that said: “JUST BECAUSE YOU DID IT DOESN’T MEAN YOU’RE GUILTY.” A similar sentiment can be applied to felony drug charges. Most lawyers were required to take a Property Law class in law school. While many lawyers don’t remember much about the class, most lawyers remember that ...
    Continue Reading
  • Terroristic Threats Emerging From the NCAA Tournament

    || 10-Apr-2017

    Omaha basketball official John Higgins has received hundreds of threats from fans furious over his calls during an NCAA men’s basketball tournament game between Kentucky and North Carolina on March 26. After several death threats were allegedly received via email and voice mail, the Sarpy county sheriff’s office in Nebraska opened an investigation. Some people recently posted on ...
    Continue Reading
  • What are Abraham Factors?

    || 5-Apr-2017

    Abraham factors are sentencing factors federal courts have recently used to sentence criminal defendants convicted of child pornography offenses. The courts originally used 18 USCS Appx § 2G2.2 to determine sentencing for child porn cases, but these guidelines were not based on expertise or careful study of empirical data. This often resulted in sentencing exceeding the statutory maximum in ...
    Continue Reading
  • Common Questions About Appeals

    || 29-Mar-2017

    What Happens When I Appeal a Criminal Case? A person convicted of a crime has the right to appeal. This means if you are convicted of a crime, you have the right to ask a higher court to review the lower court’s ruling. The first appeal in a criminal case is known as a “direct appeal,” which a criminal defendant may file after he or she is sentenced. In Nebraska state courts, a ...
    Continue Reading
  • Am I Going to Get Federally Indicted?

    || 23-Mar-2017

    Berry Law Firm clients arrested on state charges or pending investigations often ask us this question. The answer depends on the type of criminal investigation and the facts of the case. Below we will discuss some examples. White Collar Cases In white collar cases, it is not unusual for an investigation to go on for months, if not years, before a criminal defendant is indicted. In some cases, ...
    Continue Reading
  • Questions about Nebraska Arrest Warrants and Detainers

    || 13-Mar-2017

    In Nebraska, when an arrest warrant is issued for a person incarcerated in another state, is a detainer automatically lodged in that state? No, according to the Interstate Agreement on Detainers Act, the prosecuting authority has to file a written request for custody with the incarcerating state. What steps must a prosecutor or court take to lodge a detainer in another state? They generally file ...
    Continue Reading
  • How do I fight a search warrant?

    || 2-Mar-2017

    First, police need to describe the person to be searched, the items to be seized, and the time during which the search will be conducted. Sometimes police get a warrant that is invalid because they fail to adequately describe what it is they intend to search or seize. A good criminal defense lawyer will look at both the description of the place to be searched and the items police intend to seize. ...
    Continue Reading
  • Should I hire a lawyer for my first DUI?

    || 10-Feb-2017

    For many people, a DUI charge is the first legal matter requiring them to appear in court. Most fear the thought of going to court alone and prefer to have an attorney present, giving them peace of mind in the belief that they are going to reach the best possible outcome. However, there are some who would rather face the unknown alone because the thought of hiring a lawyer is just as scary. Some ...
    Continue Reading