Criminal Law Practice Areas and Legal Definitions

Drug Crimes DUI/DWI Serious Violent Crimes Sex Crimes Internet Crimes Felony Crimes Murder/Manslaughter

Misdemeanor Crimes Fraud Domestic Violence White Collar Crimes Appellate Juvenile Matters Expungement Motions

Drugs and Narcotics Charges:
Drugs and Narcotics laws have tried to keep up with the changing perceptions and real dangers of substance abuse. By 1970, over 55 federal drug laws and countless state laws specified a variety of punitive measures, including life imprisonment and even the death penalty. To clarify the situation, the Comprehensive Drug Abuse Prevention and Control Act of 1970 repealed, replaced, or updated all previous federal laws concerned with narcotics and all other dangerous drugs.

Most states have laws that give different treatment to possession of different categories of drugs (i.e. prescription drugs, marijuana, crystal methamphetamine), and also make a distinction in the offense charged as to whether a small amount of the drug was found with the defendant (personal use) or a larger amount (intent to sell or distribute, trafficking). A conviction on a drug charge of any magnitude, even a small amount of marijuana, can seriously affect your present and future employment chances, your education, your reputation and your freedom.

DWI (Driving While Intoxicated) or DUI (Driving Under the Influence):
A DWI or DUI occurs when someone is operating, or is in actual physical control, of a motor vehicle while under the influence of alcohol or other controlled substance to the extent that their mental faculties are impaired and/or their blood alcohol content (BAC) is above the legal limit. Even for a first offense, penalties can include license suspension, substantial fines, community service, mandatory attendance at a state or DMV approved alcohol program, mandatory overnight incarceration and the required installation (at the offender's expense) of a car ignition locking device. In addition, a DWI conviction stays on a DMV record for several years, it typically results in higher insurance premiums, and an offender may become ineligible for credit.  Plus, a DWI could also jeopardize your employment opportunities.

However, if someone was injured as a result of the drunken driving accident, it is possible the defendant will be charged with a felony (and if the victim dies, the driver may be charged with vehicular manslaughter). Further, a DWI conviction will likely be raised to a felony if it is the driver's fourth DWI offense or the driver has had a prior felony DWI offense within 10 years of the new charge.

Serious Violent Crimes and Murder:
By definition, a violent crime is a behavior by persons, against persons or property that intentionally threatens, attempts or actually inflicts physical harm. The seriousness of the injuries to the victim(s), whether or not guns or other weapons were used and/or whether or not the alleged perpetrator has a criminal record will determine the seriousness of the charge. Most violent crimes are considered felonies and are subject to be considered a "strike" in a state that has adopted three strikes laws. Violent criminal charges can include: aggravated assault, arson, assault and battery, domestic violence, hate crimes, homicide, larceny, rape, manslaughter, mayhem and murder.

One of the most serious areas of violent crime is homicide - killing a person, whether lawfully or unlawfully. Justifiable homicide and excusable homicide are lawful homicides, while criminal homicide, negligent homicide, reckless homicide and vehicular homicide are unlawful homicides. Unlawful homicide comprises the two crimes of murder and manslaughter.

Sex Crimes:
Sex crimes can include such charges as: Child Abuse, Child Pornography, Date Rape, Failure to register (as a Sex Offender), Indecent Exposure, Internet Porn, Lewd Conduct, Marital Rape, Molestation, Obscenity, Pedophilia, Pornography, Prostitution, Rape, Sexual Abuse, Sexual Assault, Sodomy and Statutory Rape. Many sex crimes are considered felonies and require convicted defendants to continually register themselves as publicly recognized sex offenders with the local and state authorities where they live and work. Charges of sexual misconduct carry extremely serious penalties and these crimes are commonly punished more severely than any other crime except murder. Sexual misconduct is seldom witnessed by anyone other than the accuser and accused and the risk of conviction of an innocent person is drastically higher in these cases.

Internet Crime:
Internet crime is defined as any illegal activity involving one or more components of the Internet such as websites, chat rooms and/or email. Internet crime involves the use of the Internet to communicate false or fraudulent representations to consumers. These crimes may include, but are not limited to, advance-fee schemes, non-delivery of goods or services, computer hacking, phishing, pharming, programming worms, viruses or employment/business opportunity schemes.

Felony Crimes:
Felony Crimes involve drug and narcotics charges, arson, burglary, armed robbery, murder and/or attempted murder, rape and/or sexual assault, kidnapping and aggravated assault and battery. A felony conviction is a serious matter that can result in a substantial state prison sentence and the potential loss of certain privileges and Constitutional rights of U.S. citizenship, such as the right to possess a firearm or the right to vote.

Misdemeanors:
Misdemeanors are more serious than petty offenses, but much less serious than felonies. Misdemeanors typically result in imposition of such punishments as a fine or a jail sentence not exceeding a year. If a jail sentence is imposed, it is served at a local, city or county jail rather than a state or federal prison (penitentiary). In many jurisdictions and in certain types of cases defendants who can't afford an attorney are not entitled to a court-appointed attorney in a misdemeanor case. Unlike felonies, misdemeanors are usually handled by special courts with abbreviated procedures, such as a city court or municipal court.

Fraud:
In criminal law, fraud is the crime or offense of deliberately deceiving another in order to damage them — usually, to obtain property or services from him or her unjustly.& Fraud can be accomplished through the aid of forged objects. In the criminal law of common law jurisdictions it may be called "theft by deception," "larceny by trick," "larceny by fraud and deception" or something similar. Fraud can be committed through many methods including mail, wire, phone and the internet.

Domestic Violence:
Domestic violence is any physical, emotional, sexual or other violence that takes place between people who may be married or not married; heterosexual, gay, or lesbian; living together, separated or dating. Domestic violence can be criminal and include physical assault: hitting, pushing and shoving, etc., sexual abuse: unwanted or forced sexual activity, and stalking. Domestic violence charges can have a serious impact on your life.

White Collar Crimes:
High-tech professionals, corporate executives and clergy who are criminally charged for offenses such as corporate theft, counterfeiting, embezzlement, forgery, hacking, fraud, tax evasion or bad checks are often referred to as "white collar" offenders and are prosecuted for white collar crimes. In some cases, first-time offenders are convicted and sent to prison, even with no prior criminal history. An arrest and conviction for one of these crimes can have a serious impact on your life.

Appellate and Post Conviction:
In an appeal, an appellate court reviews the record of the pre-trial and trial proceedings for legal errors. The record includes the court file, the court reporter's transcript and the evidence and exhibits introduced in the trial court. In general, an appellate court does not consider information that is not contained in the record.

A post-conviction petition is the general name for what is called a "collateral attack" on a conviction. In federal court, they are called habeas corpus petitions. By using a post-conviction petition, a defendant generally can bring evidence before the reviewing court that was not part of the record on appeal, and in this way raise issues that would otherwise not be reviewed.

Juvenile Delinquency:
Delinquency is a legal term for criminal behavior carried out by a juvenile. Delinquent behavior is divided into two categories: status offenses and delinquency offenses. Status offenses are those acts which would not be considered offenses if committed by an adult, such as school truancy, running away from home, alcohol possession or use, or curfew violations. Juvenile Delinquency offenses involve destruction or theft of property, commission of violent crimes against persons, illegal weapon possession, or the possession or sale of illegal drugs.

Juvenile Court:
Juvenile court is unique and should not be treated as if it were adult court for young clients. While the substantive criminal law is the same in juvenile and adult court, the procedures and sentencing law are substantially different.  The consequences of a misstep by an attorney inexperienced in juvenile matters can be devastating. For example, contrary to what many parents believe, a juvenile conviction is not removed from a child's record when he or she turns 18.

Despite the rehabilitative focus of juvenile court, juvenile convictions are counted as criminal history in future cases. They also remain on state criminal records databases and may affect a young person's ability to enter college, obtain employment, financial aid, a driver's license or join the military.   Additionally, juvenile convictions can result in commitment to a juvenile detention facility or institution for periods ranging from days to months and even years. Worse, in some cases, a child may end up being prosecuted in adult court where the punishment is even more severe.

Traffic Crimes:
Traffic crimes are specifically addressed in state statutes. The complex body of law that regulates the operation of motor vehicles on the streets and highways can be difficult to interpret and apply. Examples of traffic crimes include reckless driving, aggressive driving, drag racing, and driving with a suspended license.

Driving with a Suspended License:
Driving with a suspended or revoked license is considered a crime, and can result in heavy fines and possible jail time. At worst, it may be considered a felony, and the offender could end up in state prison or with an obligation to perform many hours of community service. The penalties are typically heaviest if the license suspension or revocation was the result of a conviction for driving under the influence of alcohol or drugs (DWI/DUI).

Driver’s License Revocation:
Typically, a driver’s license will not be revoked for one or even two traffic tickets resulting from a moving violation such as speeding, running a stoplight or stop sign. However, if the offense is extremely reckless and/or if the driver has had previous convictions for moving violations in the past, his or her license may be revoked or suspended. If the driver is charged with drunk driving, reckless driving, or is involved in a hit-and-run, the defendant’s license may be suspended for a year or more.

Expungement Motions:
An Expungement of your record results in the extraction and isolation of all records on file with any court correctional facility or law enforcement agency. The records that are expunged include complaints, warrants, arrests reports, commitments, criminal history records, fingerprints and your rap sheet.

Contrary to popular belief, your record is not automatically cleared or expunged with the passage of time. Even if you were never found guilty, an arrest is not expunged unless a court grants your Expungement petition. State statutes impose application guidelines and waiting periods for various types of arrests and convictions. The guidelines provide instruction for what can be expunged and set forth certain specific types of offenses that cannot. The guidelines also impose waiting periods that are calculated from the completion of the sentence imposed by the court.

It is important to note that an Expungement does not destroy records; it extracts and isolates the records. Under most circumstances, once an Expungement has been granted those records cannot be disclosed. A person who has been granted an Expungement can respond that he or she has no conviction when asked a question about having a criminal record. Exceptions to this rule include a person seeking a second Expungement, a person seeking a conditional discharge, and a person seeking to obtain employment in law enforcement.

What to bring to a consultation:

• A copy of all papers pertaining to your arrest(s);
• A copy of all court papers pertaining to the disposition of the charge(s) you want expunged; and,
• A copy of any report pertaining to the completion of any probationary or diversionary treatment program.

If you or someone you know in Lincoln, surrounding communities or throughout the state needs the assistance of an experienced Nebraska Criminal Defense Attorney, call Berry, Kelley & Wythers today at 866-258-0496, or complete the contact form provided on this site to schedule your free consultation.

Our Philosophy:
Veterans have proven their loyalty to this great country by their service in our military. Our country owes this same loyalty to these veterans in repayment for all they have done to keep us free.

Our job is to represent these veterans and aggressively seek every benefit they are entitled to for any injuries they sustained while in the performance of their military service. Often these injuries are realized years after the veteran has left the military, or are actually the aggravation of conditions the veteran suffered from before their military service.

Succeeding in the VA claims process requires experience and aggressive, dedicated skill. This law firm is dedicated to succeeding for our clients when others may turn back or even give up. No claim is too big or too little for us when it involves a veteran.

We are confident enough in our proven abilities to pledge we do not accept payment for our services unless we prevail.

Our Service:
Unlike most agencies and law firms, we have attorneys who are Vietnam War Veterans and Iraq War Veterans who represent the client throughout the entire claims process. We believe this provides us a better insight into not only the process, but also the veteran and his or her claim. Our unique success is based upon our own approach to each and every veteran.

Client Interview:
We develop a relationship with every veteran. This starts with our unique interview process in which we discover the veteran's military experiences, and his or her present physical, mental and emotional conditions. Based on the facts gathered and our unique experience, we can then knowledgably advise the veteran of their options.

Administrative Claim Development:
From our relationship with the veteran, we develop, file and then prosecute the veteran's benefits claims.

Administrative Appeals:
In the event we believe the benefits awarded to the veteran are insufficient, we prosecute appeals from the Regional Office to the Board of Veterans Appeals.

Judicial Appeals:
As a law firm we have the ability to challenge, as we often do, the VA's decisions in the federal courts. Specifically, we practice before the United States Court of Appeals for Veterans Claims, and the United States Court of Appeals for the Federal Circuit in Washington D.C.

If you or someone you know in Lincoln, surrounding communities or throughout the state needs the assistance of an experienced Nebraska Veterans Law Attorney, call Berry, Kelley & Wythers today at 866-258-0496, or complete the contact form provided on this site to schedule your free consultation.

If you or someone you know in Lincoln, surrounding communities or throughout the state needs the assistance of an experienced Nebraska Criminal Defense Attorney, call Berry, Kelley & Wythers today at 866-258-0496, or complete the contact form provided on this site to schedule your free consultation.

ADDRESS OF THE FIRM:
Berry, Kelley & Wythers
2650 North 48th Street
Lincoln, NE 68504
Telephone: 866-258-0496
Fax: 402-466-1793

MEMBERS OF THE FIRM:

John Stevens Berry, Sr.

EDUCATION:

• Stanford University, B.A., 1960
• Northwestern University, J.D., 1965

ADMITTED TO PRACTICE:

• Nebraska
• New York
• California
• Nebraska and U.S. District Court, District of Nebraska
• U.S. Court of Military Appeals
• U.S. District Court, District of South Dakota
• U.S. Court of Appeals, Eighth Circuit
• U.S. Tax Court
• U.S. Supreme Court
• U.S. Court of Appeals for Veterans' Claims

PROFESSIONAL MEMBERSHIPS AND ACHIEVEMENTS:

• Nebraska State and Federal (Member, Veterans' Law Section) Bar Associations
• Nebraska Association of Trial Attorneys
• Nebraska Criminal Defense Attorney Association (President, 1991-92; Chairman, Committee on Expert Witnesses and Forensic Sciences, 1985-89)
• The Association of Trial Lawyers of America
• National Association of Criminal Defense Lawyers
• California Attorneys for Criminal Justice
• American Academy of Forensic Science
• National Organization of Veterans' Advocates
• FBI Award for Service in the Public Interest
• Recipient: Bronze Star, Vietnamese Medal of Honor First Class (Gold); Vietnamese Cross of Gallantry (with Palm)
• Chief Defense Counsel, II Field Force, Vietnam, 1968-69 and The Presidio, San Francisco, 1969-70
• Author: Those Gallant Men: On Trial in Vietnam, Presidio Press, 1984
• Special Counsel, Franklin Committee of the Nebraska State Legislature, 1990
• Fellow: American Board of Criminal Lawyers; Robert Van Pelt Chapter, Inns of Court (Member, Executive Board of Directors, 1990-93; President, 1992-93)

John Stevens Berry, Jr.
John S. Berry, Jr. graduated from the College of William & Mary in Williamsburg, Virginia (B.A. 1997) and Creighton University School of Law, cum laude, (2003). He is also a graduate of the National Criminal Defense College at Mercer Law School in Macon, Georgia. After receiving his commission as a an infantry officer in the U.S. Army, John completed Airborne School and Ranger School. In 1999, while assigned to the First Cavalry Division, he deployed to Bosnia for Operation Joint Forge. John also served as a Company Commander in Iraq during Operation Iraqi Freedom.

John's primary practice areas include state and federal criminal defense, civil litigation, and veterans disabilities benefits. John is admitted to practice law in the State of Nebraska; the United States Court of Appeals for Veterans' Claims; United States Court of Appeals for the Eighth Circuit; and the United States Court of Appeals for the Federal Circuit.

John belongs to the following professional organizations: Nebraska State Bar Association; Nebraska Criminal Defense Attorney's Association; National Association of Criminal Defense Lawyers; National Organization of Veterans Advocates; Nebraska Association of Trial Attorneys; Inns of Court; and the Lincoln Independent Business Association.



James Kelley
James M. Kelley was admitted to bar in 1968, Minnesota; 1969, U.S. District Court, District of Minnesota; 1970, U.S. Court of Appeals, Eighth Circuit; 1971, Nebraska and U.S. District Court, District of Nebraska; 1973, U.S. Supreme Court. Education: University of Iowa (B.A., B.S, 1963); Georgetown University (J.D., 1968). Assistant Attorney General, 1968-1971; Director of Criminal Division, 1969-1971, Office of Attorney General, State of Minnesota. Member, Lincoln/Lancaster County Goals and Policies Committee, 1974-1978. Member: City of Lincoln Procurement Appeals Panel. Member: Ramsey County (Minnesota), Lancaster County, Minnesota State, Nebraska State (Member: Committee on Ethics, 1978-1982; Public Relations Committee. 1982-) and American Bar Associations; Admitted to all federal courts of the Eighth Circuit and Supreme Court of the United States; Nebraska Association of Trial Lawyers; The Association of Trial Lawyers of America; Commercial Law League of America. His practice areas include: Litigation; Domestic Relations Law; Commercial and Business Law; Civil and Criminal; Federal and State.



Chad Wythers
Chad J. Wythers attended the University of Nebraska (B.A. 1996) and the University of Nebraska, College of Law (J.D., 2001). In 2002, he became a member of the Nebraska State Bar Association, and he is admitted to practice law in the State of Nebraska; the United States District Court, District of Nebraska; the United States Court of Appeals, Eighth Circuit; and the United States Court of Appeals for Veterans' Claims. Chad practices in the areas of criminal law, civil law, family law, food borne illnesses, and veterans law. Chad is one of the few local DWI attorneys certified by the National Highway Traffic Safety Administration and the International Association of Chiefs of Police for DWI Detection and Standardized Field Sobriety Testing. He has practiced Federal Criminal law in multiple states.



Steven Rogers
Steven Edward Rogers graduated from the University of Nebraska - Lincoln (B.A. with Honors 1979) and Baylor University College of Law (J.D. cum laude 1982) where he was Lead Editor of the Baylor Law Review and recipient of the Dean Angus McSwain fellowship. He has served as a Briefing Attorney to Chief Justice John C. Phillips, Austin, Texas, as well as Chief U.S. District Judge, Lucius D. Bunton III, United States District Court, Texas. He has formerly been Board Certified in Civil Trial Law and Family Law by the National Board of Trial Advocacy.

Steven's primary focus of practice is in litigation and appellate support. While not currently licensed in any jurisdiction, he has been admitted to the United States Supreme Court, the United States Court of Appeals for the D.C. Circuit, the United States Court of Appeals for the Fifth Circuit, and more than a dozen United States District Courts throughout the United States. His experience includes a wide variety of litigation and appeals in the federal courts. He has written a wide assortment of published articles focused on technical issues of legal advocacy.



Margie Bailey
Margie Bailey graduated from the University of Nebraska in 1991 with a B.S., summa cum laude. Her father was a disabled WWII veteran. She is a non-attorney veterans' advocate admitted to practice before the United States Court of Appeals for Veterans' Claims. Margie is a board member of the National Organization of Veterans' Advocates and has lectured on various veterans' law issues at national seminars. Margie aggressively assists veterans in applying for compensation benefits related to their military service. She has helped thousands of veterans obtain benefits.



Kelly Hoffart
Kelly D. Hoffart attended Concordia University in Seward, Nebraska, and received his B.A. in 2004. He went on to the University of Nebraska College of Law in Lincoln, receiving his J.D. in 2006. Kelly earned the CALI Excellence for the Future Award in Criminal Law in 2005. He was admitted to the bar in 2007, and is currently licensed to practice in the state of Nebraska before both state and federal courts. Kelly works largely with veterans disability benefits claims and criminal defense. He is a member of the Nebraska State Bar Association and the American Bar Association.