Felony Possession of Drug Money
An out-of-state couple was stopped in Lincoln, Lancaster County NE, for
felony possession of drug money in violation of the Nebraska criminal
drug statutes. The day of the suppression hearing the state dismissed
the case pursuant to agreement.
The issues at the suppression hearing were the validity of the traffic
stop (for allegedly following too close), and whether the detention, search
of the car, and arrest were lawful. However, the state’s toughest
challenge may have been at trial if the case survived the suppression
hearing. At trial the state faced the burden of proving the cash seized
was derived from drug sales or intended for drug sales.
Unfortunately out-of-state drivers are often stopped on the interstate
and their cars are searched for drugs and cash. When police find large
amounts of cash, they often assume that the cash comes from illegal activities.
Fortunately those who have cash seized and are charged with crimes have
the right to fight back.
Multiple Drug Charges and Denial of Security Clearance
Clearance Awarded & Drug Charges Dismissed
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.
Results: Security Clearance Awarded & Drug Charges Dismissed
Use of a Firearm to Commit a Felony and Terroristic Threats
Client was charged with Use of a Firearm to Commit a Felony and Terroristic
Threats and was facing up to 50 years in jail with a mandatory minimum
of 5 years.
Due to the zealous representation by Berry Law Firm attorneys, all charges
Multiple Felony Charges of Child Abuse
Not Guilty/Acquitted on all Charges
Client charged with two felony counts of intentional and knowing child
abuse (Class II felonies) after taking child to pediatrician for health
concerns. Following full body x-rays, which showed that the child had
suffered a fractured femur, ulna, and ribs, child protective services
were called. Police later filed criminal charges against client, who was
facing 1-50 years imprisonment on each charge. Jury found client not guilty
on both charges.
Approximately $1.0 Million Total Recovered
Client Involved in Motorcycle Accident
Client was involved in a motorcycle crash with underinsured driver who
violated a stop sign. Although the other driver violated a stop sign,
the manner in which the client was driving caused serious concerns about
the Client’s culpability for the accident. The client, who was a
truck driver before the crash, sustained serious injuries. The client
was awarded social security disability due to his injuries in the crash.
We negotiated a resolution with Nebraska Medicaid so the client could
keep the proceeds of his settlement in a trust, and not jeopardize his
Medicaid eligibility. Approximately $1.0 Million Total Recovered
Multiple Drug Charges Dismissed
Client with possession with intent to distribute cocaine (3-50 years),
Possession with intent to distribute heroin (3-50 years), Possession with
intent to distribute marijuana (1-20 years), Possession of marijuana over
one ounce, but less than one pound (misdemeanor).
Result: The traffic stop detention, arrest, and search of the client’s
vehicle were challenged under the Fourth, Fifth and Fourteenth Amendment
grounds. The court sustained the defendant’s motion to suppress
finding that evidence was illegally obtained. Case dismissed.
Title IX Investigation
None of the Allegations Substantiated
Client accused of violating a University Code of Conduct through multiple
allegations of sexual misconduct. The client faced serious sanctions that
could have irreparable harm on the client’s future. During a lengthy
investigation, Berry Law Firm helped compile responsive documents, drafted
responses for the client, and attended multiple meetings. Following the
investigation, none of the allegations were substantiated.
Soliciting a Prostitute
Client charged with soliciting a prostitute in an undercover human trafficking
sting operation in Lincoln, Lancaster County Nebraska. After a jury trial
client was found Not Guilty.
First-Degree Sexual Assault of a Child, etc.
Client charged in Howard county with three sex crimes: First-Degree Sexual
Assault of a Child (20 years to life in prison), Incest (1-20 years) and
Third-Degree Sexual Assault of a Child (0-5 years). Case Dismissed.
Approximately $282 Thousand Total Recovered
Client Passenger in Automobile Accident
Client was a passenger in an accident and faced over $100,000 of medical
bills. Driver’s liability insurance only covered up to $25,000 in
medical expenses, leaving client at a substantial loss. Berry Law was
able to get all expenses covered through other insurance the client was
unaware of by successfully proving that he was eligible and that their
claims about his ownership of “junk” vehicles did not remove
his rights to due compensation. All medical expenses were paid for by
insurance and approximately $282,000 total recovered.