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Case Results

This list is a sample of trial results obtained for clients during my career. This is not a complete list and you should not assume I will get the same results for you, only that I will work just as hard as I did for each of these clients. Each case is different and the results of your case will depend on the specific facts of your case.

  • Domestic Battery

    The client was charged with domestic battery after getting into an argument with his girlfriend at a bar. His girlfrienddid not want to prosecute the case, but police arrested the client anyways. Within thirty days of the arrest, Mr. Berrywas able to convince the prosecutor to dismiss all charges despite the arresting officer seeing an injury to the girlfriend’snose immediately following the incident.

    DISMISSED

  • Possession of Marijuana

    The client was stopped by police for speeding. When the officer approached the car, he noticed the smell of marijuana anddecided to search the car. The client told the officer he had marijuana in the car and the officer found it upon searching.Mr. Berry was able to convince the prosecutor to dismiss the possession charge in exchange for 10 hours of community service.The case was completely resolved within 1 week of the client’s decision to hire Mr. Berry.

    DISMISSED

  • Burglary of a Dwelling/ Petit Theft/ Possession of Marijuana

    The client was charged with Burglary of a Dwelling and Petit Theft after police found surveillance video of the clientand another person taking items off of the alleged victim’s porch. The client was arrested the following day with marijuana.Mr. Berry negotiated a settlement of the case whereby all charges were dismissed upon completion of a drug class, an anti-theftclass, and some community service.

    DISMISSED

  • First Degree Murder with a Firearm

    The client was charged with first degree murder with a firearm after he went to see an alleged gang member in the earlymorning hours to confront him about comments the gang member was making about him to people on the street. The state claimedthe client pulled out a firearm and shot the decedent in front of three people. All three people testified at trial thatthe client was the one who fired the shot and that no other firearms were present when the decedent was killed. The juryacquitted the client after Mr. Berry pointed out for them that the physical evidence found at the scene did not matchthe story the three eyewitnesses told.

    Not guilty

  • First Degree Murder with a Firearm/ Robbery with a Firearm

    The client was charged with first degree murder with a firearm and robbery with a firearm after a man was robbed at gunpointand then shot and killed by two men shortly after leaving an ATM. The client insisted he was innocent, but there weremultiple eyewitnesses who identified the client from photo lineups as the shooter. The client claimed to have an alibi,which police dismissed after minimal investigation. Mr. Berry was able to convince the prosecutor he had charged the wrongperson and all charges were dismissed.

    Charges Dismissed by the State

  • First Degree Murder with a Firearm

    The client was charged with First Degree Murder with a Firearm after his ex-girlfriend told the police that she saw himshoot and kill a man in his own home after he had found her there with him. The jury acquitted the client when Mr. Berrywas able to show the jury the girlfriend believed the client would be forced to pay child support if he were incarceratedand therefore had a motive to lie about what she saw.

    Not guilty

  • Lewd/ Lascivious Molestation – 2 Counts

    The client was charged with two counts of molestation resulting from accusations by two children, ages 4 and 2, that hehad sexually touched them. Mr. Berry filed multiple pretrial motions and set the case for trial. On the day of trial,the prosecutor dismissed all charges against the client.

    Charges dismissed by state

  • Driving Under the Influence

    The client was charged with DUI causing an accident after he rear ended another driver. During the roadside exercise, theclient lost his balance and he was very emotional. The jury acquitted the client after Mr. Berry introduced phone recordsshowing the client had received a text message at the moment just before the accident occurred.

    Not guilty

  • Robbery with a Firearm

    The client and his uncle were charged with Robbery with a Firearm for allegedly robbing two people at gunpoint next toa pizza shop off of Forest Hill Boulevard. Both of the victims identified the client’s uncle and one of the victims identifiedthe client as the robber. If convicted, the client faced a mandatory 10 year prison sentence and a possible life sentence.The jury convicted the uncle (who was not represented by Mr. Berry) and acquitted the client. The uncle received a 20year prison sentence.

    Not guilty

  • Domestic Battery

    The client was arrested for hitting his live-in girlfriend. The girlfriend had a long history of misrepresenting factswhich was not known to the police. After Mr. Berry wrote a very detailed letter to the prosecutor making the filing decisionand attaching various police reports and deposition transcripts showing the girlfriend had been dishonest in the past,the prosecutor decided not to file charges.

    Charges not filed

  • Attempted Second Degree Murder with a Firearm and 5 Additional Felony Counts

    The client was charged with attempted second degree murder after an innocent bystander was shot through the back windshieldof his car. The state argued the client was in the front passenger seat of a car that was behind the victim’s car whenthe shots were fired. The state called the driver of that car to testify the client was the person who fired the shot.The jury acquitted the client of all charges after Mr. Berry successfully argued the driver had a motive to lie becausehe had made a deal with the prosecutor to testify in exchange for leniency.

    Not guilty

  • Possession of Cocaine

    The client was stopped by police and a search of his car was conducted during which the officer found a bag of cocainein the backseat. The officer testified he had seen the client toss something into the backseat after he had turned onhis lights to conduct the traffic stop. At trial, Mr. Berry argued the police officer had lied about what he had seenand had either planted the cocaine or found cocaine that did not belong to the client (as the client had recently borrowedthe car from a friend). The officer claimed the client admitted the cocaine was his, but the jury did not believe himand acquitted the client.

    Not guilty

  • Sale of Cocaine within 1000 Feet

    The client was charged with sale of cocaine and the state showed the jury a videotape of a person they claimed was theclient selling cocaine to an undercover police officer. Mr. Berry argued the person on the videotape was not the clientand that the officer’s testimony that he remember the client’s face from a 20 second encounter more than a year earlierwas not credible. The jury agreed and acquitted the client.

    Not guilty

  • Aggravated Manslaughter of a Child

    The client was charged with Aggravated Manslaughter of a Child after her infant child died of malnutrition. The clientwas facing up to 30 years in prison if convicted. The state argued she had failed to properly care for her child by notfeeding him appropriately and failing to provide medical care. The jury convicted her of a lesser offense of child neglect(with a maximum of 5 years in prison) and the judge sentenced her to probation. On appeal, the case was reversed and thestate agreed to let the client plead guilty to a misdemeanor.

    Guilty of child neglect; reversed on appeal; agreed to plead guilty to 2nd degree misdemeanor of culpable negligence

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