Blog Posts in January, 2018

  • When Favors Become Federal Indictments

    In the last few years, United States Supreme Court justices have hinted at opinions that overcriminalization and overzealous prosecution by the justice department might be getting a little bit out of control. Some of the most shocking cases are white-collar in nature. In some of these cases, honest businesspeople who ran legitimate businesses made poor decisions that technically violated federal ...
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  • Defending Medical Professionals Against False Sex Assault Allegations

    In the wake of several sex scandals in politics and the entertainment industry, medical professionals and other human resources departments have become much more cognizant of both real and false workplace sexual assault claims. While much of the attention has turned to potential civil lawsuits, the more dangerous threat for medical professionals is the potential criminal and licensing issues ...
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  • What Is Constructive Possession?

    “Constructive possession” is a term used whenever someone is charged with illegal possession of something not actually in his or her possession. The difference between constructive possession and “actual” possession can seem blurry at times, but either way, a prosecuting attorney must prove the defendant is guilty of one of them to achieve conviction. “Control or Dominion” In Nebraska, ...
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  • I-80 Drug Seizure Case Result: Judge Tosses Evidence, Charges Dismissed

    Attorney Justin Kalemkiarian of Berry Law Firm in Lincoln secures charge dismissal for I-80 drug seizure clients after judge agrees to discard evidence collected as the result of an unjustified stop. All charges have been dismissed against a Berry Law Firm client arrested after what has since been deemed an unjustified traffic stop. Phillip Plummer was charged in Lancaster County District Court ...
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  • What Does it Take to Win a Criminal Case?

    At Berry Law Firm, we defend people every day. In society, the criminal defense attorney serves as the watchdog, holding the prosecutor and law enforcement accountable while protecting the rights of the accused. People accused of crimes often feel helpless and hopeless. Some are fortunate to have the support of family members and friends. Others lose the support of family members and friends when ...
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  • What Is Probable Cause?

    The phrase “probable cause” comes from the Fourth Amendment of the U.S. Constitution, which states: “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 probable cause , supported by Oath or affirmation, and particularly describing the persons or things to be ...
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  • Why Can Police Search My Car Without a Search Warrant?

    Many people are not aware that your vehicle is not held to the same standards as your home when it comes to police search and seizures. You have a greater expectation of privacy in your home than you do on the public roads and highways. While police almost always need a search warrant to search your home, they rarely need a warrant to search your car. People have a lesser expectation of privacy on ...
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