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Timothy E. Zerillo
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Timothy Zerillo’s Answers

14 total


  • Atf seized my phone

    atf told me i can come get my phone but then called me 5 minutes later and told me theyre getting a search warrant and they are seizing my phone. i want to delete all my information on my phone but will i be breaking any laws doing that?

    Timothy’s Answer

    So, whether or not it would be charged as a separate crime is a matter of concern, and even if it is not, depending on the underlying crime it could be an enhancement. Trouble either way. Additionally, you don't have an attorney-client relationship by posting on AVVO - be careful - you need a qualified federal attorney asap. Good luck.

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  • If the ATF arrested you, is it a federal offense?

    In 2012 my ex-husband was arrested by an ATF agent on a false informing - handgun purchase charge. He has a D felony and is serving the probation part of his sentence. Is this a federal offense? Can it be dropped to a misdemeanor? He's wanting to ...

    Timothy’s Answer

    The fact that it was the ATF does not automatically make it a federal case. But in any event, he needs a qualified lawyer ASAP.

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  • Can my son son get money for pain and suffering

    My son lost his leg in a car accident. There is $175000 total vehicle insurance. There's plus ours. He spent one month in hospital, two weeks in rehab. He has a wound vac still. Life flight. The medical will cost more than what is there. Can he g...

    Timothy’s Answer

    Answering from Maine - no idea if Utah is a common fund state. If so, you essentially get a lien reduction equal to the amount of attorney's fees at least, so in terms of lien repayment, it costs you nothing to hire the lawyer. Additionally, my colleagues who have told you that there can be dramatic lien reductions at times are correct. I once got a $115,000 lien reduced to $15,000 to get a case settled - it can happen. Get a good Utah lawyer ASAP and good luck.

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  • Me and my brother had an argument and I was arrested for admitting to pushing him I've been to court twice over it my brother is

    Nt pressing charges but has been summonsed to court What is going to happen if he does/nt go I have never been arrested and would like to know the outcome of this as I'm freaking out?

    Timothy’s Answer

    So, first of all, I am an attorney in Maine, not Mass.

    I think the lawyers who have replied are all correct, consult an attorney.

    I think that what you are trying to say is that you have been charged with an assault, your brother, as the alleged victim, does not want to cooperate with the Commonwealth against you, but has been subpeonaed.

    If so, what you are asking is what will happen to him if he ignores the subpoena? None of the lawyers on this forum are going to tell anyone to ignore a subpoena - which is an order of the court to appear.

    If you have money, the ideal way to do this is for both you and he to have separate lawyers. If it is his intention as the victim to shut this down, that is really the best way to do it in my experience. Either way, if you don't have a lawyer now, absolutely get one. And if you need court appointed counsel, get it. Since you have already been to court twice, I am guessing that is already in place, however.

    Good luck!

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  • Husbands Attorneys is setting up hearings to intimidate me, her allegations for these hearings are bogus can I file objection?

    Attorney filed a motion to compel me to produce a signed notarized financial affidavit, which was done, and to compel me to produce interrogatories claiming my willful disregard for rules, set three hearings , I still have 45 days to produce inte...

    Timothy’s Answer

    I don't practice in Florida, but if he took marital funds and left you with nothing, you should look into whether the courts there will entertain a motion for him to pay for your attorney's fees so you can be represented in the case - good luck either way.

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  • Do we have to pay the hospital bills out of our settlement or can we take care of them on our own at a later time.

    My husband, son & I live in an apartment building. Most of the time the locks on the entry gate to the building didn't work or just weren't there. We complained about it a few times over the course of a year. But it wasn't a huge deal really, we l...

    Timothy’s Answer

    So, here's the deal. You are in a lousy situation because your bills are so high. I don't know if California is a common fund jurisdiction - I practice in Maine - if so, you may be able to nearly automatically get a 1/3rd off of the bills because you have had to pay a lawyer a contingency fee (assuming that is the case). But leaving all that aside for a moment, lawyer's can negotiate massive reductions of bills on these cases. I have remember one case I had with $115,000 in medical bills negotiated to under $15,000. So, your lawyer may be able to work some magic to make this feasible.

    It may also be that your lawyer cannot ignore the bills, depending on if they are liens on your file and depending on your local rules.

    Sorry you went through such a horrible event.

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  • What will happen?

    A friend recently admitted that he was on webcam and was exposed with a person for a few minutes then asked for age of the other person who replied 17. He immediately got off cam and told the person to not contact them because they were too young...

    Timothy’s Answer

    I have no idea the law in PA, but the bigger concern would be the feds. With the feds, a minor for child porn purposes is under 18 - other states have lower ages, not sure about PA. If he is approached he needs to not speak to the police - he should assert his right to silence and to speak with a lawyer - and have a qualified child porn lawyer in his area on speed dial. Good luck. I will say that for the most part, this sounds fairly benign and he may not have had the required mental state to commit the offense, even if the images are child pornography.

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  • Need to know if my ex is allowed to see his children. Facing rape and 2 counts of unlawful sex with a minor.

    With his charges I'm worried about losing my children if he visits. Rape and 2 counts of unlawful sex with a minor (13 to 16 year old)

    Timothy’s Answer

    This is a very factually dependent answer. In our jurisdiction, I would advise my clients generally to modify their current custody order to try to avoid contact entirely or change the parameters of the contact to something like supervised contact. But it really depends upon the underlying facts. Your number 1 job, of course, is to protect the kids.

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  • Mother was in car accident. Can I sue the driver separately?

    Driver ran red light. She was ticketed. Mother is 80 and was totally independent. Did not need assistance. No doctors. No medications needed. I live out of state. I have now had to move back with my mother to take care of her. She has neck, ar...

    Timothy’s Answer

    I have to agree with my colleagues - it is important that she have a qualified NY PI lawyer evaluate the claim. I don't know of any law that would give you standing, while I understand that is is a life-changing experience for you as well as your Mom. Best of luck.

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  • Is throwing a water balloon filled with urine illegal?

    I over heard 2 of my kid brothers friends talking about throwing it at a kid that's bullying them. We have called the police multiple times and they do nothing. The boys are looking to take measures into their own hands. I know it's gross and I d...

    Timothy’s Answer

    I suggest you show them this page, with every lawyer indicating that this is potentially criminal. It's a very dumb idea on their part. I understand the desire to get revenge on the bully, but that is not the way.

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