Timothy E. Zerillo’s Answers

Timothy E. Zerillo

Portland Criminal Defense Attorney.

Contributor Level 3
  1. Is throwing a water balloon filled with urine illegal?

    Answered 12 days ago.

    1. Marco Caviglia
    2. David Allen Brooks
    3. Timothy E. Zerillo
    4. Alan Sanders Richard
    5. Leslie K Smith
    5 lawyer answers

    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.

    2 lawyers agreed with this answer

  2. I read fictional stories featuring minors on an adult erotica page . The police have my pc on other grounds , will I be charged?

    Answered 25 days ago.

    1. Joseph Briscoe Dane
    2. Brian K Wanerman
    3. Nicholas Basil Spirtos
    4. Lonnie L Mcdowell
    5. David Mark Wallin
    6. ···
    8 lawyer answers

    Get a UK lawyer right now. No talking to police, no posting on any Internet forum. In the USA, written erotica will not get you into criminal trouble, but there are a number of other implications here. Where I practice, written erotica involving children on its own would not land you in criminal court, but could land you in trouble with DHHS child protective services.

    2 lawyers agreed with this answer

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

    Answered 7 days ago.

    1. Cathy Sue Compton
    2. Jennifer Adrienne Nielsen
    3. Nathan Major Pieri
    4. Jeffrey Steven Hale
    5. Timothy E. Zerillo
    5 lawyer answers

    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.

    1 lawyer agreed with this answer

  4. How can i proof that miranda right was not read to me.....if the person that interview me said he did....

    Answered 14 days ago.

    1. Rebecca J Morgan
    2. Michael T Mackhanlall
    3. Timothy E. Zerillo
    3 lawyer answers

    A credibility contest between you and the cop can be a problem, but a good lawyer may be able to raise some issues. Ie., it seems to me that this officer has a real incentive to be prepared since you are in custody. You would think that a written Miranda waiver would be appropriate. Your lawyer may be able to argue on cross that he didn't get the Miranda waiver in a clearly custodial situation because he in fact didn't really Mirandize you. Additionally, jails have cameras everywhere -...

    1 lawyer agreed with this answer

  5. False accusations how to cover your ass

    Answered 24 days ago.

    1. Debra Joan Cheatham Reece
    2. Timothy E. Zerillo
    3. Theodore W. Robinson
    3 lawyer answers

    I absolutely 100% agree that your husband needs to be consulting immediately with a qualified criminal defense lawyer. This does not mean just anyone. It means someone who has experience defending child sex abuse allegations. I do however have a contrary point of view regarding the polygraph. I never allow my clients to engage in a police polygraph. A privately done polygraph, however, can be useful in with a close charging decision. And if the result is bad, as long as you have properly...

    1 lawyer agreed with this answer

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

    Answered 7 days ago.

    1. Eric Edward Rothstein
    2. Richard S. Jaffe
    3. Michael J Palumbo
    4. Brian Curtis Pascale
    5. David Ian Schoen
    6. ···
    10 lawyer answers

    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.

  7. Is it legal to get a warrant from one confidential informant?

    Answered about 1 month ago.

    1. Robert Lee Marshall
    2. Joseph Briscoe Dane
    3. Andrew Stephen Roberts
    4. Timothy E. Zerillo
    5. Patrick J Mcdonnell
    5 lawyer answers

    Absolutely, a warrant can issue with only one confidential informant. The issue is whether there is an indicia of reliability sufficient to formulate probable cause. Depending on your jurisdiction, issues related to the reliability of the warrant may come into play. The informant may be providing hearsay information, for example. In determining whether probable cause exists, the magistrate applies the “totality of the circumstances” test adopted in Illinois v. Gates, 462 U.S. 213, 238,...

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