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.

Believe it or not, this is a good thing for injured people. If the injured person paid the bills themselves, they have the right to get paid back by the person who caused the injuries. If the injured person’s health insurance carrier did not have the right to be paid back, the injured person would see a double recovery. That is, the health insurance carrier would pay the care providers for the treatment costs, and the at-fault person would pay the injured person for the treatment costs. The law frowns on such an outcome. Fortunately, most insurance companies agree to a reduced payback from the injured person. That is, if the injured person incurred $1000 of medical bills that his or her health insurance carrier paid, and for which the injured person received $1000 from the at-fault person’s insurance company, the health insurance carrier might agree to a repayment of $750 from the injured person, who gets to retain the $250 difference between $1000 and $750. Also, in most cases, the health insurance carrier pays the care provider less than the full bill, but the care provider considers the payment to be payment in-full. In Nebraska, the at-fault person still owes the injured person the cost of the full bill, even though the health insurance carrier did not pay the full bill. This creates a further benefit to the injured person, who only has to pay their health insurance carrier back up to the amount the carrier paid. For example, if the injured person incurred a bill of $1000, and the health insurance carrier paid the care provider $500, and the care provider considered the bill paid in full, and the at-fault person’s insurance carrier paid the injured person $1000, the injured person might only have to pay their health insurance carrier back $300. The injured person can retain the $700 difference between the $1000 and the $300 paid back to the health insurance carrier.

Generally, any part of a settlement which is identified as for the loss of income is taxable. That is because the injured person would have had to pay taxes on the income had they earned it by working. Most settlement agreements do not specifically identify a set amount for lost wages, so settlements usually end up as non-taxable.

A criminal case can last from a few weeks up to a year or more, depending on the charges, case complexity, trial strategy, and court calendar. There is a Constitutional right to a “speedy trial” that requires the prosecutor and court to bring a defendant to trial within a certain period of time. Depending on what happens in the case, that speedy trial deadline can be pushed back.

A bench warrant is issued by a judge, typically after a person fails to appear for court or ignores a subpoena. The warrant allows a law enforcement officer to take the person into custody so that person can be brought in front of the issuing judge.

Go ahead and give us a call. Your attorney or legal assistant should provide you with this information when asked.

I can' t really answer your question. The Berry firm is representing me in a VA appeal. But I can tell you their representation has been outstanding. I highly recommend their services.

Nick, Margie was previously on our team but retired a few years ago.

Kevin, Our team has reached out to confirm that we do have you scheduled for a consultation and will answer any questions you may have then.

We have offices in Omaha, Lincoln, and Seward, but we can help Veterans appeal their rating decisions nationwide.

This is different from case-to-case. If you have a personal injury case, you can contact us at the number above.