Case Results

Criminal Defense is about the process rather than the results. Identifying client goals and working to get the best possible results is what criminal defense attorneys do. Results are specific to the facts of the case and the law. Every case is different and unique and should be treated as such by the attorney. The strategy and tactics used in one case may not get the same results in another case. Clients frequently ask us about our wins. Below are some of our results that we consider to be wins.

  • First Degree Sexual Assault

    Not Guilty

    Client charged with first degree sexual assault, a Class II Felony. The possible term of incarceration was up to 50 years. After deliberating for two days, the jury returned with a verdict of “not guilty” on the first degree sexual assault charge. Find the full story here.

  • Terrorist Threats, a class IIIA Felony, and Use of a Weapon to Commit a Felony, a class II Felony

    Fine, No Jail Time

    Hall County - Client charged with Terroristic Threats, a class IIIA Felony, and Use of a Weapon to Commit a Felony, a class II Felony. Potential prison time was 1-53 years. Client pleaded no contest to a misdemeanor and paid a $500 fine.

  • Possession with Intent to Distribute Cocaine

    Lancaster County - Client charged with Possession with Intent to Distribute Cocaine (28-139 grams), a class 1C Felony, Possession with Intent to Distribute a Controlled Substance, a class IIA Felony, and Possession of Money Used to Violate Nebraska Drug Laws, a class IV Felony. Potential prison time was a mandatory minimum of 5 years up to 72 years. Berry Law Firm successfully argued that the police officer did not have the right to pull over the client and a Motion to Suppress was granted.

    Client had applied for a security clearance but was initially denied by the federal government. Berry Law Firm helped assist the client with the investigation and represented the client in the administrative hearing. Following the hearing, the administrative judge determined that the client should receive security clearance.

  • Traffic Violation

    Case Dismissed

    Congratulations to Justin Kalemkiarian with the Berry Law Firm for convincing a Lancaster County District Court Judge to suppress a traffic stop on interstate 80.

    The basis for the traffic stop was the State patrol's favorite subjective violation - following too closely.

    In this particular case, the violation was recorded and showed a separate vehicle pulling in front of the defendant's vehicle while traveling on the interstate.

    Despite the fact that the video showed the defendant slowing down in response to the other vehicle cutting him off, a state trooper pulled over the defendant for following too closely.

    After the stop, the trooper convinced himself he smelled marijuana and searched the car.

    Justin argued to the Lancaster County District Court judge that the defendant's actions were completely reasonable in light of the circumstances.

    The judge agreed and suppressed the traffic stop.

  • Terroristic Threats

    Pleaded No Contest

    Hall County, client charged with Terroristic Threats, a class IIIA Felony, and Use of a Weapon to Commit a Felony, a class II Felony. Potential prison time of 1-53 years. Client pleaded no contest to a misdemeanor and paid a $500 fine.

  • Possession with Intent to Distribute Cocaine

    Motion to Suppress Granted

    Lancaster County, client charged with Possession with Intent to Distribute Cocaine 28-139 grams, a class 1C Felony, Possession with Intent to Distribute a Controlled Substance, a class IIA Felony, and Possession of Money Used to Violate Nebraska Drug Laws, a class IV Felony. Potential prison time of a mandatory minimum of 5 years up to 72 years. Berry Law Firm successfully argued that the police officer did not have the right to pull over the client and a Motion to Suppress was granted. (Note, case has not been dismissed and I do not know if the State will appeal)

  • First-Degree Sexual Assault

    Not Guilty

    Client charged with first-degree sexual assault of a child facing 20 years to life in prison, Pandering, facing an additional 1 to 50 years in prison, And your procuring alcohol for a minor, up to one year in prison. Client found not guilty on all counts. Read more about this case here.

  • Felony Possession With Intent To Distribute

    Probation With No Jail Time

    Lancaster County - Client charged with felony possession with intent to distribute marijuana and faced up to 20 years in prison. Charges reduced to misdemeanor possession of marijuana. Client sentenced to probation, no jail time.

  • Second Offense Violation of a Protection Order

    Favorable Plea Agreements

    Lancaster County – Client was charged with second offense violation of a protection order, a Class IV Felony carrying a penalty of up to two years in prison and up to a $10,000 fine. Plead down to a Class I Misdemeanor and received a $250 fine, no jail time or probation.

  • Third Degree Domestic Assault

    Case Dismissed

    Lancaster County – Client charged with third degree domestic assault, a Class I Misdemeanor punishable by up to one year in prison and up to $1,000 in fines. Thanks to efforts by Berry Law Firm, the case was dismissed.

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