Berry Law

A military crime conviction can have many adverse effects, such as: An arrest could jeopardize your ability to secure promotions, security clearances, or awards A conviction could trigger a discharge from the National Guard A court-martial could take away your right to possess a firearm, meaning you would be ineligible to continue serving in the Armed Forces Any type of arrest, conviction, violation, or court-martial could completely terminate your military career

Once service connection is proven for a disability that was the result of exposure to contaminated water at Camp Lejeune, the amount of monthly, tax-free payments that a veteran receives will depend on their specific disability and how much that disability affects earning capacity.

One of the collateral consequences of felony convictions is the loss of the right to own a firearm. State law does offer the possible restoration of these rights under limited circumstances, but this could be easier said than done. The only way to restore gun rights following a felony conviction is to obtain a pardon by the governor. That said, not every pardon will necessarily restore these rights. State law only allows for the restoration of gun rights if the Board of Pardons consents to it. If the Board does not expressly authorize you to receive, transport, or possess firearms, the pardon alone will not restore your gun rights. A dedicated firearms attorney can walk you through the process of restoring your Second Amendment Rights.

A firearm charge does not equal a conviction. There are possible defenses to offenses related to gun use or possession. For example, if you were charged with the unlawful use of a firearm to commit a crime, your lawyer might argue that you did not commit the underlying crime. Often the best defense to unlawful possession is proving you were legally authorized to possess the weapon in question. The right strategy for your case depends on the specific allegations against you. Reach out to a lawyer to start building a strong defense to your firearm charges.

Open carry is when you wear or carry a gun openly as opposed to concealing it on your person. Though open carry is legal without a permit in most cities in Nebraska, it is not lawful everywhere. In Omaha, you must obtain a permit for concealed carry (CCW) from the Nebraska State Patrol to openly carry a concealable firearm throughout the city. It is also important to note that individuals convicted of felonies, violent misdemeanors, or drug crimes are prohibited from carrying concealed firearms. As stated in Nebraska Revised Statutes §28-1202, violating concealed carry law is a Class I misdemeanor that can result in a jail sentence. Speak with an experienced attorney to learn more about the gun laws in your area.

Often, white-collar crimes involve legal documents. Consequently, many prosecutors rely on heavy use of documentary evidence. From fraudulent contracts to e-mails that provide evidence of intent, documentary evidence could be central to the state’s case. The prosecution might also rely on the testimony of witnesses or even co-conspirators. A witness could testify to your intent to defraud or explain why the actions you took were outside of the normal scope of your responsibilities. Other evidence in these cases could include testimony regarding standard business practices or expert witnesses. A white-collar crime attorney can help you determine whether any of the prosecution’s evidence was obtained unlawfully and could be ruled inadmissible.

Most white-collar crimes are forms of fraud, which requires an intentional or knowing effort to deprive another person or entity of their property unlawfully. However, the specific level of intent required to convict a defendant varies under the law. Some statutes require acting knowingly while others might require an intentional act. Intent can be difficult to establish during trial, given that only you truly know what your intentions were at the time of the alleged offense. That said, there are many ways the court could infer what you intended based on your actions. A skilled lawyer can help you anticipate the prosecutions’ tactics in a white-collar case.

Because there are both state and federal white-collar crimes, a wide array of law enforcement and regulatory agencies investigate these offenses. On the state level, the Consumer Protection Division of the Office of the Attorney General commonly prosecutes white-collar offenses. For federal cases, the specific allegation will often determine which agency is investigating. While the Federal Bureau of Investigations (FBI) might investigate fraud in general, different agencies concentrate on specific crimes. For example, the Department of Housing and Urban Development has investigators that focus on mortgage fraud. If you are unsure what agency may be investigating you for a white-collar crime, speak with a defense attorney about your situation.

In some domestic assault cases, the most favorable outcome to seek is a full dismissal of all charges. While this may not be attainable in every case, it is possible in certain situations. For instance, if the prosecutors cannot prove your guilt beyond a reasonable doubt, the case may be dismissed altogether. The attorneys at Berry Law can advise you on the various legal options available in your domestic violence case, whether that includes seeking a reduction of charges, a dismissal, or even a plea deal. It is important to note that the reporting witness cannot simply “drop” charges once they are filed. While intimate partners can initiate a criminal prosecution by reporting their allegations to the police, they lose all control over the case the moment this report is made. Unlike a civil lawsuit, the complaining witness has no control over whether a domestic assault case moves forward.

All criminal defendants have the right to represent themselves, although the court might require a licensed attorney to assist you. Even though it is permitted, representing yourself in a criminal case is rarely advised. There are several aspects of a criminal trial that can be difficult to understand without specialized knowledge of the law. For example, you may have trouble introducing evidence or making constitutional challenges. To avoid unintentionally harming your case, it is best to work with an attorney who is familiar with felony trials.

State prosecutors have leeway when it comes to the charges they bring. The prosecution has the power to dismiss a case entirely or reduce the severity of a criminal charge from a felony to a misdemeanor in exchange for a guilty plea. Agreeing to this type of arrangement can help you avoid a felony conviction on your record as well as the collateral consequences that it would bring. However, if the case against you is weak, you may have more success fighting the felony charges with the help of a determined lawyer.

Besides jail time and financial penalties, a drug conviction can result in additional consequences. For example, some landlords will not rent to someone who has a criminal record. Likewise, prospective employers might not be willing to hire a person with a drug conviction on their record. In Omaha, employers and landlords alike have the right to discriminate during the hiring process based on a criminal record. These convictions could lead to challenges finding employment or housing for the rest of your life. A felony drug conviction can also impact your constitutional rights. If you are convicted of a felony drug charge, you will lose the right to own a firearm. You will also lose the right to vote after a felony conviction. Due to these consequences, it is vital to work with an attorney who can construct an effective defense strategy and fight for a reduction or potential dismissal of your drug charges.

The rules of professional conduct for attorneys prohibit us from giving legal advice to someone who is already represented by another attorney. If you are currently represented by an attorney, you should carefully review the fee agreement or contract you signed to find out how to end that representation.

Our office is open Monday – Friday, 8am to 5pm. However, our experienced personal injury attorneys understand it is not always easy for you to communicate with us during the day. We regularly meet and communicate with clients at night and on weekends.

We are always available when you need us. We will stay in close contact with you throughout the entire process. If you ever have a question, we are always a phone call, text, email, or meeting away.

You only have to worry about one thing, and that’s getting well. We will fight with the insurance companies for you.

Any information you have about your accident will be helpful to get our team started on your case. This information may include copies of the accident report, insurance claim numbers and contact information, and health insurance cards.

Yes, it cost you nothing to contact us. Our consultations with you are always free.

Call your insurance company immediately.

If you have been injured through no fault of your own, you are entitled to fair and just compensation. That is why people have insurance. We fight with the insurance companies on behalf of our injured clients because it is the right thing to do. Lastly, pursuing a personal injury claim does not automatically mean we will sue the at-fault party.

Berry Law advances all the costs in pursuing the claim on your behalf. It costs you nothing to hire us.

The timing of settling your case is a function of how long it takes you to recover from your injuries. It is important to understand that full nature and extent of a person’s injuries and damages before settling.

There are two types of compensation an injured person is entitled to recover: special and general damages. “Special” damages are things such as medical expenses and lost wages/income. “General” damages relate to pain and suffering; physical, mental, and emotional anguish; loss of enjoyment of life; and inconvenience.

In making a personal injury claim on your behalf, we demand reimbursement of lost wages or income from the insurance company.

Berry Law does not handle workers’ comp claims.

Many states have comparative negligence, or fault, laws. Nebraska’s comparative negligence law allows for negligence to be distributed among parties. This is useful when the injured person may have been partly at fault. The amount of compensation given to the injured party is reduced by the percentage of fault he or she may have in the accident. If the injured party’s negligence is 50% or higher, however, the injured party is not allowed to receive any compensation.

Here are three things you should do after a car accident - Call 911 - Seek medical treatment for your injuries - Call Berry Law

As experienced personal injury attorneys, we prepare every case as it will go to trial. Most cases, however, are settled as a result of our team fighting with the insurance company on behalf of our client.

Yes, each state has a time limit, or statute of limitations, to submit a claim. In Nebraska, for instance, the statute of limitations for a personal injury claim is four years. That means you must have your claim settled or a lawsuit filed within four years, or the claim will be forever barred by operational law.

Insurance companies are in the business of doing one thing: make money. One way insurance companies try to accomplish this is not treating an injured person fairly. When you have an experienced personal injury attorney fighting for you, an insurance company’s strategy and tactics may change. Simply put, a person with an experienced personal injury attorney is likely to receive more compensation from the insurance company.

You should never accept an insurance company’s settlement offer without first talking to one of our experienced personal injury lawyers.

We work on what is referred to as a contingency fee. That means you don’t have to pay anything upfront. If we are successful in obtaining a recovery, our fee is only a percentage of the total recovery. If we are unsuccessful in getting a recovery, you don’t owe us any fee. In addition, we advance all costs of pursuing the claim. Costs are such things as obtaining medical documentation, paying for expert witnesses, and courts costs.

Car accidents, truck accidents, motorcycle accidents, pedestrian accidents, boating accidents, slip & falls/premises liability accidents, animal bites and attacks, defective products, traumatic brain injuries, burn and explosion injuries, catastrophic injuries, wrongful death, and more.

A criminal conviction can have lifelong implications, many of which might not be apparent immediately. Having an experienced criminal defense attorney is critical to ensure that you have all of the information you need in order to make the best possible decisions about your case. Remember, what happens with your criminal case can affect your life years in the future so even if you don’t think it’s a big deal now, it’s a good idea to speak with an attorney so you understand everything that can happen as a result of a conviction.

At a detention hearing, a judge will decide whether to release a defendant prior to trial. In some courts, the judge will set an amount of money, called a “bond” that the defendant can post in order to be released. In other courts, the judge does not set a bond and will instead decide simply whether to hold or release a defendant prior to trial. If the defendant is going to be released, the judge can set a series of conditions the defendant has to agree to prior to being released. These conditions have to be reasonable and can include place of residence, travel restrictions, drug and alcohol treatment, mental health treatment, staying out of trouble, or a combination of conditions the judge believes are appropriate.

No, police do not always need a warrant to conduct a search. For example, if a person gives valid consent to a search, officers no longer need a warrant. Or, sometimes, there can be “exigent circumstances” that support a warrantless search such as probable cause to search a vehicle, search incident to arrest, evidence observed in “plain-view,” and other exceptions to the requirement that officers obtain a warrant prior to a search. It’s often best to speak with an attorney prior to giving consent to any search.

That is a determination made by your own insurance carrier. Some carriers take adverse action against drivers who were involved in a crash, even if the crash is not that driver’s fault. Some do not take such action against drivers who were not at fault for a crash.

Many factors are considered to determine a case’s value. Out of pocket costs, such as medical bills and lost wages are considered. The overall impact on the client’s life is considered as well. For example, a person who loses the use of their legs will see a more substantial impact on their life, than a person who experiences 6 months of discomfort while recovering from an injury. A comparison is made between the client’s case and past cases with similar facts. Whether the fault for the incident can be shared between the client and the other party, or whether the incident is 100% the other party’s fault is a factor as well. If a jury were to find the client’s comparative fault sufficiently large, the client might not be able to recover anything.