Strong and Strategic Defense From Start to Finish
The Berry Law Firm is known for going to trial and winning. Before it comes to that, we exhaust every opportunity to dismiss the charges against you or resolve your case without a do-or-die showdown in court.
If you are in the law enforcement cross hairs, or already arrested or indicted, contact our Lincoln or Omaha offices to arrange a consultation. Our criminal defense attorneys will explain your rights and aggressively represent you through every stage of the Nebraska criminal justice system. Once hired, we represent you until the end and we are "in it to win it."
Decades of Experience With the Nebraska Criminal Process
- Investigation — Police are bound by specific rules in criminal investigations. The sooner the attorney gets involved the better your odds of success. From traffic stops and searches to interrogation and arrest, you have constitutional rights that must be respected by the police. Constitutional rights violations committed by law enforcement often result in the suppression of evidence the state planned to use to convict you. In many cases, if key evidence is suppressed, the government has no case.
- Arrest — You can be taken into custody at the discretion of investigating officers, or on the basis of an arrest warrant or execution of a search warrant. Police must have probable cause to make an arrest, rather than a mere hunch or profiling.
- Bond — In Nebraska, the court sets bond and acts as the bondsman, keeping 10 percent. We work to get a reasonable and timely bond set so that you or your family member does not have to sit in jail.
- Preliminary hearing — In felony cases, the prosecution must present sufficient cause to proceed to trial. At a preliminary hearing a county court judge determines whether there is sufficient evidence for the case to be bound over to district court for trial. Unfortunately the rules of evidence do not apply at preliminary hearings, and if the judge dismisses a case at a preliminary hearing the prosecution may have the opportunity to re-file the case. The decision of whether to have a preliminary hearing is one of strategy. An aggressive defense at a preliminary hearing can dispose of the case. On the other hand, presenting your entire defense at a preliminary hearing may result in unintentionally educating the prosecution about the weakness of its case and unnecessarily exposing your trial strategy. The client must decide whether to have the hearing or waive it.
- Discovery and motions — We cannot recommend a complete course of action for trial or devise a thorough defense strategy until we know the government's case. There is always much more to a case than the content of police reports and initial witness statements. An independent investigation of physical evidence is generally necessary. Often in Nebraska felony cases our lawyers depose witnesses to (a) learn more about the facts of the case and (b) cement that testimony in case they change their story later. We aggressively file motions to suppress evidence, keep unfairly prejudicial evidence out of trial, or prevent unqualified witnesses from testifying as "experts." Pretrial motions are filed for numerous reasons and are narrowly tailored to each individual case. The motions serve as a tool to shape the battlefield prior to trial.
- Trial — Our experienced trial lawyers prepare your case with the expectation that it will go to trial. Trial preparation is time-consuming and costly. The more prepared the lawyer is for trial, the more likely he is to win. Our attorneys are talented but they know that winning at trial requires more than talent; it requires hard work and dedication to the client's case. While not all cases go to trial, we have found the best plea agreements come from preparing a case thoroughly for trial and negotiating from a position of strength.
- Sentencing — Some cases are won at trial and some cases are won at sentencing. Not every person convicted of a felony is sentenced to a term of imprisonment. At sentencing we present the court with alternatives to jail or prison and argue mitigating factors to minimize the punishment and the impact on your life, your family and your future. We provide our clients with guidance on how to put themselves in the best position possible for sentencing. Sometimes this means getting into a treatment program, paying restitution, or providing documentation of good character and community involvement. Sometimes the sentencing battle is won in the plea agreement stage. Not only can a plea agreement result in reduced charges, but in some jurisdictions in Nebraska, the county attorney will agree to recommend a sentence other than incarceration, such as probation or a fine pursuant to the plea agreement.
- Appeals — You have a constitutional right to a fair trial. Unfortunately, criminal defendants do not always receive the fair trial they are guaranteed. For this reason, the accused has the right to appeal a conviction. If you were denied justice because of errors at trial, you may file an appeal. If you were convicted of a crime in Nebraska in federal or state court, you must file your appeal within a limited amount of time or the right to appeal is waived. For this reason, the sooner you contact a criminal defense attorney, the more likely it is that he or she will be able to assist.
Criminal Defense Attorneys · Lincoln, Omaha and Statewide Nebraska
The charges, the facts, the jurisdiction and the quality of the prosecution all play a part in the outcome. You can control whom you hire in your defense. At the Berry Law Firm, you can count on meticulous preparation, strategic counsel and zealous representation. We are looking out for you at every step of the Nebraska criminal process.
To schedule a confidential consultation with our renowned defense attorneys, please call 888-822-7079 or e-mail us.