Court of Appeals Win
When our client’s ex-partner sought a protection order on behalf of their children to keep our client from exercising parental rights, Liberty Law Group stepped in to defend our client and help maintain the parent-child bond. When the lower court determined the protection order should be kept in place for the children, Attorneys Eric Hagen and David Ceraso appealed the ruling to the Nebraska Court of Appeals. After review, the appellate court found that there was no legal basis for a protection order as the evidence supported a loving familial relationship between our client and the children, no history of abuse or threatening behavior, and no evidence of any risk to the safety of the children. The lower court’s order was reversed, allowing our client and children to be reunited.
Dismissal – DUI
Liberty Law Group’s client was charged with driving under the influence of alcohol after being pulled over for making a wide turn. Officers expanded the scope of the stop after our client truthfully informed them that he consumed a small amount of alcohol earlier in the evening. Attorney Eric Hagen carefully reviewed the evidence and upon a detailed examination of the investigation, identified numerous procedural, statutory, and constitutional issues that ultimately led to the State disposing of the DUI charge and offering a minor traffic offense rather than proceeding to a suppression hearing and trial on the matter.
Dismissal – False Reporting
Our client was charged with furnishing false information. A careful review of the statutory elements revealed that the facts did not support that an essential element of the crime could be met. Upon discussion of the case with the prosecutor, Attorney Eric Hagen was able to negotiate a dismissal.
Dismissal – Felony Forgery
A Liberty Law Group client was charged with felony forgery. Early in the case, the State extended a plea offer that included a felony conviction with a combination of incarceration, probation, and fines. Attorney Eric Hagen conducted a detailed legal analysis of the facts and found a critical element of the crime could not be proven by the State. Confident in the advice of our team, our client rejected the offer and proceeded toward trial. Following pretrial motions and extensive conversations regarding the legitimacy of the charge, the State agreed to relent. The prosecuting attorney agreed to proceed with a resolution that would lead to an outright dismissal. As a result, not only will our client not receive a felony conviction, but records of our client’s arrest and charge will be sealed from the public record.
Dismissal – DUI Drugs
Following an accidental collision in a parking lot, Liberty Law Group’s client was arrested for driving under the influence. Attorney Eric Hagen’s thorough review of the evidence, including the officers’ body worn camera, revealed that officers drew conclusions about his client’s sobriety before conducting any investigation, including placing bets on the client’s blood alcohol concentration. Despite blowing 0.00 on a preliminary breath tests, officers determined the client was under the influence of prescribed drugs and charged the client with DUI. Eric Hagen obtained information from the prescribing physician that shut down the State’s case and uncovered the truth: that this was an accident. The ultimate result was that all charges were dismissed and our client was able to maintain a clean record.
Dismissal – OWI 2nd Offense
Liberty Law Group’s client was charged with Operating Under the Influence, Second Offense. Attorney Eric Hagen performed a harsh critique of the investigation, finding numerous violations of policy along with statutory and constitutional rights. He set the matter for a hearing on a motion to suppress evidence, forcing the prosecution to take a detailed look at the evidence and engage in a risk-benefit analysis. As a result, the State declined to prosecute the OWI and our client took advantage of the opportunity to pay a fine only for a minor traffic offense.
Dismissal – DUI & Leaving the Scene of a Property Damage Accident
Liberty Law Group’s client was arrested for DUI and leaving the scene of a property damage accident after he left his vehicle on a remote gravel road overnight following a flat tire and minor collision with a guardrail. Through the use of an expert review and report, along with raising issues in a motion to suppress, Attorney Eric Hagen was able to persuade the prosecuting attorney to dismiss the DUI and reduce the charge of leaving the scene, preventing any sentence of jail or probation and resulting in saved points on our client’s license and protection from excessive insurance costs.
Home Health Care Company Accused of Fraud Exonerated
When a Liberty Law client and owner of a local healthcare company was accused of Medicaid fraud, the livelihood of our client and numerous employees was on the line. On appeal, Attorney Eric Hagen combed through evidence purporting to support the allegations, and with the help of outside counsel, overturned the findings, saving our client’s business and preventing the unnecessary disruption of care for their patients.
Dismissal – Assault and Harassment Charges
When faced with charges of harassment and assault following an interaction our client characterized as an extreme misunderstanding, Liberty Law Group stepped in to uncover the truth and seek a just outcome. After a careful review of the evidence, Attorney Eric Hagen presented the information to the prosecuting attorney and demonstrated that the facts did not support the statutory requirements to support a conviction. The State dismissed the charges.
Prosecution Declined – Motor Vehicle Homicide
While traveling through Nebraska with a family member, a Liberty Law client was in a tragic accident that took the life of a passenger relative. Our client was arrested and charged with Motor Vehicle Homicide. Our client immediately contacted Liberty Law Attorney Eric Hagen, who, having personal experience of the loss of a loved one in a motor vehicle accident, got right to work in advocating for his client, who had already suffered a great personal loss. His speedy and zealous advocacy led to the State’s agreement to decline prosecution altogether, stopping the case in its tracks. Although faced with immense grief, our client was able to breathe a sigh of relief when the weight of a felony charge was lifted.
Prosecution Declined – Third Degree Assault
A Liberty Law Group client was assaulted by a neighbor on our client’s own property. Despite our client’s protests that the neighbor instigated the altercation, law enforcement arrested our client for assault pursuant to the statements of the neighbor. Attorney Eric Hagen took it upon himself to do what law enforcement did not: canvas the area for additional witnesses. Upon independent investigation, Eric identified a witness of the altercation that corroborated his client’s version of events. Upon providing that witness’s statement to the prosecutor, the charge against our client was dismissed and the true aggressor was ultimately charged with assault.
Dismissal – Third Degree Sex Assault
After being arrested for the terrible crime of sexual assault following an interaction at a local bar, our client trusted Liberty Law Group to fight for the truth and justice. Attorney Eric Hagen took an investigative approach and retrieved surveillance footage from the business owner, a step neglected by law enforcement and the State when prosecuting the case. A review of the surveillance showed every interaction between our client and the accuser, as well as the moment the accuser sought out off-duty law enforcement to make a false report. All charges against Liberty Law Group’s client were dismissed, saving our client possible jail time and sex offender registration for the false allegation. The State charged the accuser for filing a false report and charged an accompanying witness with providing false information by corroborating the fabricated allegations.
Dismissed After Trial – Harassment Protection Order
When faced with a harassment protection order due to fabricated allegations, a Liberty Law Group client trusted our team to expose the false claims and remove the illegitimate injunction. Following the presentation of witnesses and an aggressive cross-examination of the petitioner by Attorney Eric Hagen, the Court agreed there was no legal basis for the injunctive relief and dismissed the protection order, saving our client’s spotless record and preventing potential criminal charges.
Prosecution Declined – Felony Possession of a Controlled Substance
Following our client’s arrest for felony possession of a controlled substance, Liberty Law Attorney Eric Hagen’s immediate and thorough review of the facts alleged demonstrated our client’s lack of knowledge and control over the alleged substances. Upon pointing out these critical issues to the prosecuting attorney, the State elected to decline to file charges and our client was released.
Harassment Protection Order Granted After Trial
In the midst of continuing unwanted contact, threats, and intimidation from an ex-partner, our client sought protection from Liberty Law Group. Attorney Eric Hagen counseled his client through the process of obtaining a protection order, conducting thorough preparation and presenting his client’s case in a contested trial. Following the close of evidence, the Court issued a protection order, giving our client legal protection and peace of mind.
Dismissal of Discrimination Allegations Following Title IX Investigation
Following a dispute in the workplace, our client was accused of discrimination and harassment by an employee. Our client sought the assistance of Liberty Law Group. Our team stepped up and immediately became involved in the investigation, reviewing the allegations, identifying witnesses, and collecting evidence to support our client’s innocence. Following a contested hearing on the matter represented by Attorney Eric Hagen, our client was exonerated of any wrongdoing and the allegations deemed not credible.
Prosecution Declined – Child Abuse
When a substitute teacher was accused of child abuse, Liberty Law Group took immediate action to uncover the truth. Despite allegations of a complaining student and having already been terminated without investigation by the school, surveillance video obtained by Attorney Eric Hagen along with statements of additional witnesses eventually revealed the allegations were fabricated. The State declined to file charges, keeping our client’s record clean.
Dismissal – Violation of Custodial Order
A Liberty Law Group client was charged with violating a custodial order after refusing visitation of a child with the non-custodial parent due to multiple allegations of abuse by the child at the hands of the non-custodial parent. Attorney Eric Hagen contacted the child’s school, the hospital where the child was admitted following abuse out of state at the hands of the non-custodial parent, and collected an abundance of documentation substantiating the child’s allegations that were never sought by law enforcement or the county attorney prior to charging our client. Eric provided substantial evidence to persuade the State’s attorney that the refusal of parenting time was justified to protect the child. Charges against our client were dismissed and a no-contact order was put in place to protect the child from further abuse by the non-custodial parent.
Dismissal – DUI & Refusal to Submit to Chemical Test
Following a traffic stop, our client was suspected of driving under the influence. Insistent that he has not consumed any alcohol and the stop was invalid, our client subsequently refused to submit to a chemical test and was charged with both DUI and Refusal to Submit. While there are some counties in Nebraska that allow diversion for first offense DUI, individuals are ineligible if they refuse to submit to a chemical test. Liberty Law Group Attorney Eric Hagen, after careful review of the case and our client’s individual circumstances, was able to advocate for the client and persuade the State to make an exception to the diversion requirement. As a result, our client’s case was dismissed and record of his arrest sealed from the public record.
Prosecution Declined – First Degree Sexual Assault
When accused of First Degree Sexual Assault, our client contacted Liberty Law Group for immediate assistance during the conduct of the investigation. Through early intervention and expert advice, Attorney Eric Hagen was able to shield his client from law enforcement and ensure the focus of the investigation was on the truth, even assisting in providing witness information and evidence that would exonerate his client of any wrongdoing. Following the investigation, law enforcement forwarded its report to the county attorney with a recommendation that the matter be closed due to lack of evidence to support probable cause that the allegations were true. The State declined to file charges.
Pardon Granted – Record Sealed
Having turned away from a life of crime, our client sought out Liberty Law Group to help him get the recognition of his years of hard work, recovery, and rehabilitation through a pardon by the Nebraska Board of Pardons. Growing up under extremely harsh circumstances, our client fell into a life of addiction and criminal behavior, which led to felony convictions and repeated incarceration. Taking advantage of an opportunity to find treatment for his addiction and support for past trauma, our client made the conscious decision to turn his life around and committed to it for decades. Not only did our client turn from crime and addiction, but he immersed himself into the community, helping others that faced the same struggles he suffered. In a nearly two-year process, Attorney Eric Hagen walked our client through the application and preparation for the eventual hearing before the Board of Pardons, which ultimately decided to grant our client’s request, acknowledging his full rehabilitation and highlighting to everyone that people can change and overcome past mistakes.
Dismissal – Six Counts of Violating a Protection Order
A Liberty Law Group client was charged with six counts of violating a protection order. Although the protection order was eventually dismissed following a hearing, the charges alleged that while the order was active, our client made illegal contact with the accuser on six separate occasions. The facts demonstrated that every contact was either initiated by the accuser or third-party contact that lacked any evidence to support our client’s involvement. Following the advice of Attorney Eric Hagen, our client elected to decline an offer for probation and instead go to trial on all six counts. Rather than proceed to trial, the State eventually dismissed all counts.
Not Guilty – Domestic Assault
When charged with Domestic Assault, our client turned to Liberty Law Attorneys Matt Knipe and Eric Hagen. The State’s key evidence was surveillance footage that purported to record our client assaulting the accuser. In fact, a closer look at the video revealed the accuser instigated the physical altercation. Following closing arguments, the jury returned a verdict of Not Guilty in under ten minutes.
Dismissal – Theft by Unlawful Taking
Charged with Theft by Unlawful Taking and terminated from employment as a result, our client sought the assistance of Liberty Law Group to defend the truth. Following a review of the evidence and in discussions with the prosecutor, Attorney Eric Hagen was able to secure a dismissal for our client.
Termination of Police Officer Overturned after Appeal to City
Following an off-duty incident, for which our client, a police officer, was ultimately exonerated, our client was nevertheless terminated from his employment. In an appeal of the termination, Attorney Eric Hagen presented context to the alleged events, along with evidence of our client’s exemplary history as an officer and the support of numerous leaders in the department. Following the hearing, city officials overturned the termination.
Nebraska Court of Appeals Win
Following a harassment protection order being erroneously granted against a Liberty Law Group client, Attorney Eric Hagen appealed the court order to the Nebraska Court of Appeals. The appellate court agreed that there was no sufficient basis for the lower court to grant a protection order and the findings by the lower court were inconsistent with the law. The order was overturned, clearing our client of false allegations, an illegal injunction, and preventing risk of follow-on criminal allegations.
Not Guilty – First Degree Sex Assault
Liberty Law Attorney Eric Hagen secured a not guilty verdict for a client falsely accused of sexual assault. Following a multi-day trial, the jury acquitted our client, ending a nightmare and saving our client a felony conviction, potential for up to 50 years in prison, and lifetime registration on the sex offender registry.
Dismissal – Domestic Assault and Child Abuse
Following an investigation into a domestic dispute and altercation in our client’s home, law enforcement determined our client was the aggressor and charged him with domestic assault and child abuse. When Liberty Law Group Attorney Eric Hagen dug deeper into the case, he learned from one of the children that our client was not the aggressor, but the victim. Our team also discovered surveillance footage of a previous interaction where our client was attacked by the other party and attempted to peacefully resolve the matter. Confronted with the evidence uncovered by Liberty Law Group, the State dismissed the charges against our client.
Not Guilty – Domestic Assault and Child Abuse
When faced with false allegations of domestic assault and child abuse, a Liberty Law Group client chose to trust in our attorneys to defend the truth and seek justice in a jury trial. Despite the collaboration and testimony of three ex-partners against our client, Attorneys Matt Knipe and Eric Hagen illustrated the extreme, unlikely, and unrealistic claims of the accusers, highlighted the biased law enforcement investigation through impeachment of the primary officer, and uncover the truth through discerning and purposeful examination of witnesses. Following closing arguments, the jury returned a verdict of Not Guilty in just over half an hour.
Dismissal – Unlawful Possession of Firearms
Following a traffic stop for having a headlight out, our client’s vehicle was subsequently searched and two concealed firearms uncovered. Liberty Law Group Attorney Eric Hagen conducted a detailed review of the available evidence and found a key issue relating to the stop: footage from police dash camera showed that both headlights were functioning prior to the stop of our client. Finding that the stop was unconstitutional, all evidence was suppressed by the Court and the State was forced to dismiss the charges against our client.
Federal Possession w/ Intent to Distribute 500 Grams or More of Methamphetamine
Not Guilty
Liberty Law Group’s client was facing a minimum of 10 years, maximum of life imprisonment, after she was found as a passenger in a vehicle where drugs were located. Our client rejected all plea offers from the government and set the case for trial. At trial, Liberty Law Group attorney Seth Morris was able to demonstrate the gaps and blind spots in the investigation, including no finger prints, cell phone information, or incriminating statements from our client. This lack of evidence failed to prove beyond a reasonable doubt that our client had knowledge of the drugs located in the vehicle and the jury returned a verdict of “Not Guilty” to all counts.
Criminal Mischief
Not Guilty
This case began as an attempted murder charge, but was later amended to criminal mischief. The State alleged that our client had tampered with personal property of another individual in order to cause serious bodily harm or death. At trial, Liberty Law Group attorney Seth Morris was able to demonstrate that although the State was able to demonstrate a motive, they could did not gather any evidence that placed our client at the scene of the crime. There was no digital evidence, photographs, security camera footage, finger prints, or DNA evidence that linked our client to the crime. After a brief deliberation, the jury returned a “Not Guilty” verdict.
Self Defense Shooting
Mistrial
Our client was involved in a self defense shooting after being attacked in a “road rage” incident. Our client was facing 100 years in jail for defending himself from the “alleged victim”. At trial, during cross examination of the State’s key witness, he violated pretrial rulings and created a mistrial. After polling members of the jury and learning that they were all strongly leaning to a “Not Guilty” verdict at that point in the trial, the State offered a plea to a single misdemeanor. Our client accepted the misdemeanor to cap his exposure at 1 year of jail, not 100 years in prison.
First Degree Murder
Not Guilty
Our client was charged with First Degree Murder and Use of a Firearm to Commit a Felony. Over the course of a 9 day trial, Liberty Law Attorney Seth Morris was able to demonstrate to the jury that this was not an act of premeditation, but rather this was “imperfect self defense” and occurred upon sudden quarrel. The jury returned a “Not Guilty” verdict to First and Second Degree Murder, but returned a guilty verdict to Manslaughter and Use of a Firearm to Commit a Felony. Rather than be sent to prison for the rest of their life, our client now has a definitive sentence and will have a second chance at life.
Possession of a Controlled Substance & Tampering with Evidence
Dismissal
Our client was charged with felony possession of a controlled substance and tampering with evidence. After being arrested, and in the back of the cop car, our client took his prescription anxiety medication. Originally the State charged our client with possession of a controlled substance and tampering with evidence. After providing proof of our client’s prescription and taking the medication as prescribed, the two felony charges were dismissed.
Assault with a Deadly Weapon
Not Guilty
Our client was charged with terroristic threats and assault with a deadly weapon. Our client rejected the plea to assault with a deadly weapon and took the matter to trial. At trial, Liberty Law Attorney Seth Morris was able to demonstrate that the changing stories of the alleged victim, as well as the injuries, were inconsistent with being struck multiple times with a blunt metal object as claimed. There was no factual dispute as to whether a heated argument occurred and threats were made, and the jury correctly returned a verdict of “Not Guilty” to the Assault with a Deadly Weapon, and “Guilty” to the lesser charge of terroristic threats.
First Degree Sexual Assault
Not Guilty
Our client was facing life imprisonment for a sexual assault that he did not commit. After being made aware of the allegations, he showed up to the police department and asked to take a lie detector test, as well as provided clothing, bedding, and other evidentiary items that would have proved his guilt if the allegations were true. Prior to trial, he turned down a plea deal for “only” 15 years and proceeded to trial. At trial, Liberty Law Group Attorney Seth Morris navigated the inconsistent and unbelievable stories of the alleged victim, as well as the failure to properly investigate by the police department. After a four day trial, the jury quickly returned a “Not Guilty” verdict.
Third Degree Sexual Assault
Not Guilty
Our client was a medical professional accused of sexually assaulting a patient. They were facing sex offender registry, jail time, and loss of their career for a false allegation. At trial, Liberty Law Group attorney Seth Morris broke down the inconsistencies in the testimony as well as the evidentiary gaps in the investigation. Our client testified and demonstrated to the jury each and every step they take in this procedure, which showed the impossibility of the claimed assault. After a two day trial, the jury quickly returned a “Not Guilty” Verdict.
Assault or Interference with a Flight Attendant (Federal Case)
Not Guilty
Our client was charged with assault or interfering with a flight attendant in Federal Court. As evidence was exchanged and the cracks in the Government’s case began to show, a misdemeanor offer was extended. Our client rejected the offer and proceeded to trial. At trial, Liberty Law Group Attorney Seth Morris was able to demonstrate that no assault or interference of the flight attendant occurred. Rather, this was an overreaction by the flight attendant that led to a violation of standard operating procedures, the plane was rerouted and forced to land, and the Government was looking to pin the blame on somebody, which was our client. After a three day trial, the jury returned a “Not Guilty” verdict on all counts.
Possession with the Intent to Distribute Marijuana
Not Guilty
Our client was charged with possession with the intent to distribute marijuana after a U-Haul rental vehicle they were driving was searched. Our client was assisting family members in moving from a state where marijuana was legal to a state where marijuana was illegal. Immediately after the arrest, the family members agreed to cooperate with the government and attempted to pin the blame on our client. Our client was facing up to 20 years in prison, and on the eve of trial, was offered a much lower level felony carrying a penalty of just two years. He rejected this offer, as he had nothing to do with the drugs located in the U-Haul rental. At trial, Liberty Law Group Attorney Seth Morris demonstrated that our client neither rented nor had access to the vehicle, there was no digital evidence, finger prints, or other DNA evidence linking our client to the crime. Additionally, digital evidence from the “cooperating witnesses” showed that they discussed transporting large amounts of marijuana to their new home prior to the trip. After a three day trial, the jury returned a “Not Guilty” verdict.
Resisting Arrest and Obstruction of a Police Officer
Not Guilty
In one of the first trials in Nebraska where filming in the courtroom was allowed, Liberty Law Group Attorney Seth Morris represented an African immigrant that was charged with resisting arrest and obstruction of a police officer after he was body slammed to the ground and sent to the hospital in an ambulance. The State called over a dozen witnesses to testify against our client. Liberty Law Group Attorney Seth Morris was able to demonstrate that the video evidence from businesses and street cameras strongly contradicted the biased testimony of the State’s witnesses, which lead the jury to return a “Not Guilty” verdict on both counts.
DUI Drug
Not Guilty
Our client was pulled over late at night, and after admitting to drinking, a DUI investigation was initiated. He blew under the legal limit, but because our he admitted to officers that a small amount of marijuana was in the car, they began a DUI Drug investigation. Our client submitted to a urine test, which was ultimately positive. At trial, Liberty Law Group Attorney Seth Morris was able to demonstrate that a urine test only proves that somebody has smoked or ingested marijuana within the last 30+ days, it does not demonstrate current impairment. Additionally, 5 of the 9 “indicators of impairment” for impairment by marijuana are present in sober individuals. Other factors, such as pulse rate and blood pressure, are subject to change when under the stress of an ongoing police investigation. After carefully weighing the evidence, the jury returned a “Not Guilty” verdict to driving under the influence of drugs.
Felony Strangulation and Assault of a Pregnant Woman
Dismissal
Unplanned pregnancies outside of marriage can either be the source of great joy or can cause great strain in a relationship. Unfortunately for our client, he found himself in the latter. During a heated argument with his pregnant girlfriend, she called the police and falsely accused him of strangulation and assault. This led to him facing multiple felony charges, prison time, and the loss of his job. Even after the alleged victim told the truth to the Prosecutor and law enforcement officers, they refused to dismiss charges. Our client rejected plea offers to a single misdemeanor and set the matter for trial. On the eve of trial, the State dismissed all charges.
Wildlife Violation
Dismissal
Our client was charged with a misdemeanor and facing $10,000 in liquidated damages for being “too lucky” on opening day of deer season. The State alleged that he shot the deer and then purchased a permit. Our client was adamant that was not the case and matter was set for trial. Liberty Law Attorney Seth Morris was able to demonstrate that due to the proximity of our client’s home to the location of the successful hunt, as well as the proximity of the game processer, this was a more than reasonable amount of time to accomplish all tasks associated with a safe and legal deer hunt. Prior to trial, the State dismissed.
Possession with the Intent to Distribute Marijuana
Dismissal Following Motion to Suppress
Our client was charged with possession with the intent to distribute marijuana following a traffic stop in Lancaster County, Nebraska. After receiving and reviewing evidence, Liberty Law Group Attorney Seth Morris was able to demonstrate that our client’s rights had been violated multiple times throughout the encounter. The Judge agreed, and the case was dismissed.
Possession with the Intent to Distribute Marijuana
Dismissal
Our client was charged with possession with the intent to distribute marijuana following a traffic stop in Sarpy County, Nebraska. After receiving and reviewing evidence, Liberty Law Group Attorney Seth Morris was able to demonstrate to the prosecutor that the alleged traffic violation never occurred and the officer never had probable cause to stop the vehicle. Further, he was able to argue that any evidence seized following the unlawful stop of the vehicle had to be dismissed as fruit of the poisonous tree. The case was dismissed prior to an evidentiary hearing.
2nd Degree Assault & Use of a Deadly Weapon
Dismissal
Our client was charged with assaulting his girlfriend with a deadly weapon. From the outset of the case, our client was adamant that no assault occurred. The alleged victim claimed that she had been hospitalized for severe injuries, but miraculously, no medical records existed. The State dug their heels in and refused to dismiss the case, leading to depositions of multiple witnesses. Even after the alleged victim admitted that she was never hospitalized, and claimed she had “no memory” of the incident to alcohol ingestion, the State wanted to proceed to trial. At 5:00 PM the day before trial was set to begin, the State dismissed the case.
Felony Terroristic Threats, Lancaster County
Not Guilty
Client was charged with felony Terroristic Threats after he accused of threatening his wife with a firearm in their house. Attorney Justin Kalemkiarian tried the case to a jury and argued that his client was justified in having the firearm. The jury agreed and acquitted the client, saving him being a felony conviction and a possible prison sentence
DUI, drugs, Gage County
Not Guilty
Client was charged with operating a motor vehicle under the influence of drugs. At trial, attorney Justin Kalemkiarian objected to the arresting officer’s opinion that the client was under the influence of drugs. The Judge agreed and sustained the objection. Despite the prosecutor’s multiple attempts to get the opinion into evidence, Justin’s continuing objections were successful and the Judge found the client not guilty, saving the client from a DUI conviction, possible jail time, and loss of license.
Drug Stop, Lancaster County
Motion to Suppress Win, Case Dismissed
Client was charged with possession of cocaine and faced a mandatory prison sentence. Attorney Justin Kalemkiarian filed a Motion to Suppress arguing that the police officer did not have probable cause to pull over client’s vehicle. At issue during the motion to suppress hearing was whether the client, who was driving a vehicle on the interstate, was following another vehicle too closely. Justin argued that because another vehicle pulled in front of his vehicle, the client didn’t knowingly and intentionally follow the vehicle too closely. The Judge agreed and suppressed the evidence from the traffic stop. The case was dismissed shortly thereafter, saving the client a felony conviction, a lengthy prison sentence, and forfeiture of over $10,000 that was seized during the stop.
Felony Theft
Case Dismissed, Lancaster County
Client was charged with using stolen credit cards to purchase tools, construction supplies, video games, and gas and was facing a felony conviction and a possible prison sentence. Attorney Justin Kalemkiarian thoroughly investigated the case, including pulling client’s work records, and was able to show that the client could not have been the person accused of committing the theft. After reviewing Justin’s finding, the prosecutor agreed and dismissed the case.
Felony Theft
Case Dismissed, Hall County
Client was charged with conspiring with another person to steal several thousand dollars in merchandise from a large retailer and was facing a felony conviction and a possible prison sentence. Attorney Justin Kalemkiarian thoroughly investigated the case, including pulling client’s work and credit card records, and was able to show that the client could not have been the person accused of committing the theft. After reviewing Justin’s finding, the prosecutor agreed and dismissed the case.
2nd DUI, Aggravated, Client with CDL
Reduced to Reckless Driving, Butler County
Client was charged with a 2nd Offense Aggravated DUI and at the time of arrest, had a CDL which he needed to run his business. If convicted of a DUI, client would lose his CDL forever and ran the risk of having to close his business. Attorney Justin Kalemkiarian vigorously defended the case, including a Motion to Suppress based on the stop and investigation, and after several months, was able to get the DUI knocked down to a reckless driving, saving client’s CDL and his business.
Interstate Drug Stop
Motion for New Trial Granted, Serious Felony dropped to Infraction, Lancaster County
Client was charged with Possession of a Controlled Substance and Possession of a Firearm During Commission of a Felony and faced up to 54 years in prison. Attorney Justin Kalemkiarian fought the case for months, including multiple pretrial motions, and tried the case to a jury. The client was found guilty by the jury after which Justin filed a Motion for New Trial based on a dispute in Nebraska statutes. While the Judge initially overruled Justin’s Motion, she reconsidered it and agreed with Justin’s argument. She granted client a new trial and held that the alleged controlled substance could not be a felony level substance. In light of that ruling, the State amended the charge to a misdemeanor and client paid a small fine.
Interstate Drug Case
Deferred Judgement, Hamilton County
Client was charged with possession of multiple controlled substances. With 9 charges, client was facing up to 102 years in prison, including 3 years mandatory minimum. Attorney Justin Kalemkiarian carefully reviewed the case and filed a Motion to Suppress the evidence based on a prolonged detention during the traffic stop. Prior to the suppression hearing, Justin was able to present mitigating material and was able to get the charges reduced significantly and helped secure a 24 month deferred judgment for the client, meaning that client must do probation for 24 months and upon successful completion can request to withdraw his plea and have the case dismissed.
Personal Injury
Medical Malpractice
1.3 Million Dollar Settlement
After going to the hospital for a routine procedure, our client ended up on a life flight in cardiac arrest. After thoroughly reviewing medical records, Liberty Law Attorney Seth Morris was able to demonstrate that the nurse administered a medication inappropriately, leading to cardiac arrest, a stroke, and lifelong complications. A settlement was reached prior to trial.
Denial of Liability
$350,000 settlement following
Our client was seriously injured after being rear ended by a distracted driver. Initially, the insurance company denied coverage and sought to pay our client $0. After a thorough review of all the evidence, Liberty Law Group Attorney Seth Morris was able to turn the settlement from $0 to $350,000, as well as reduce a hospital lien from over six figures to just $10,000 in order to secure a larger payout for our client.
Denial of Liability
$30,000 settlement following a $1,500 offer
Our client came to us after a major insurance company offered them just $1,500 to resolve their case. Our client had suffered serious injuries and was not being treated fairly by the insurance company. After deliberations failed, Liberty Law Attorney Seth Morris filed the case and put the insurance company on their heels. The case was settled prior to trial.
Denial of Liability
$81,000 settlement following a $27,000 offer
Our client came to us after a major insurance company offered them just $27,000 to resolve their very serious car accident that resulted in permanent pain and dismemberment. After a thorough review of the case and the evidence, Liberty Law Attorney Seth Morris was able to triple the recovery for our client.
Denial of Liability
$55,000 Settlement following a $13,000 Offer
After being involved in a serious motor vehicle accident, our client turned to Liberty Law Group to help them level the playing field against a major insurance company. When the adjuster demonstrated bad faith in negotiating, Liberty Law Group attorney Seth Morris filed the case and put the pressure on the insurance company. Prior to trial, the insurance company more than quadrupled their initial offer
Title IX violations
- Student accused of sexually assaulting a romantic partner who showed up to client’s apartment upset with client. After talking for some time, they engaged in consensual sex. After a period, the woman accused the client of sexually assaulting her the night she visited the client. Justin was able to show that there was not enough evidence to find sexual assault and the client was found not responsible for violating university code.
- Student accused of sexual assault after a then-girlfriend went to a party and had some drinks and a THC gummy while client stayed in his room. The girlfriend went to client’s room where she was able to converse with his roommates, make food, and get ready for bed. After she came to bed, the couple had sex. After a period of time and a breakup, the girlfriend accused client of sexual assault. Justin took the case to a hearing and was able to show that there was insufficient evidence to find that client sexually assaulted the girlfriend.
- Faculty member engaged in a romantic relationship with a woman at the school who was not in any of client’s classes. A couple of years after the relationship ended, the woman claimed that the relationship was nonconsensual. Justin took the case to a hearing and client was found to have not violated university code.
- Faculty member accused of gender bias after failing a student who plagiarized an exam answer. The student claimed that the client discriminated against her based on her gender. Justin was able to present evidence on behalf of the client that showed the student had plagiarized and that the failing grade was due to the student cheating, not her gender.
- Student accused of sexually assaulting a female classmate after a sorority formal. Justin took the case to a hearing and the student was found to have not violated university code.
Professional Licensing Defenses
- Client with a MD license accused of possessing cocaine. Justin was able to present mitigation evidence and resolved the case such that client retained his license and was able to continue to practice
- Client with a MD license was arrested for DUI in another state. Justin helped the client self-report the arrest, presented mitigating materials, and the investigation did not result in any disciplinary action against client’s license.
- Client with a PT license accused of falsifying records and was facing a multi-year license suspension. After deposing multiple witnesses and setting up the case for a hearing, Justin was able to resolve the case so that client could keep his license on a probationary period with minimal conditions.
