Client Stopped with 20 lbs of Marijuana and Charged with Intent to Distribute
Client Sentenced to Probation with No Jail Time
Client stopped on Interstate-80 with 20 pounds of marijuana. Client was
charged with possession with intent to distribute marijuana, a Class IIA
felony punishable by up to 20 years in imprisonment. Client sentenced
to probation. No jail time.
3rd Degree Assault
Client charged with 3rd degree assault in Lancaster County, facing up to 1 year imprisonment and/or
a fine of up to $1,000. In addition possible jail and fines, the client
faced the possibility of paying restitution to the injured party. After
jury selection and opening statements, the case was dismissed at the State’s cost.
College Student Falsely Accused of Sexual Assault
College student falsely accused of sexual assault found not guilty at trial.
Prior to the criminal trial, the accused student was kicked out of college
because the Title IX office believed the assault occurred. However, in
the criminal case Berry Law defense attorneys found the accuser had given
several conflicting statements to both law enforcement and other students.
Berry Law also used a cell phone forensics expert to show that the accuser
had deleted messages and other data from her phone around the time of
the alleged assault after investigators told her not to delete anything
because it could be used in court.
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.