Case Results

Criminal Defense is about 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.

  • 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

    Case Dismissed

    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

    Not Guilty

    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

    Case Dismissed

    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

    Not Guilty/Dismissed

    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 were dropped.

  • 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

    Not Guilty/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.

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