Timothy E. Zerillo’s Answers

Timothy E. Zerillo

Portland Criminal Defense Attorney.

Contributor Level 4
  1. 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

    Answered about 1 month ago.

    1. James Ostendorf
    2. Henry Lebensbaum
    3. Eleanor R. Hertzberg
    4. Andrew W. Cowan
    5. Timothy E. Zerillo
    5 lawyer answers

    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...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. 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.

    Answered 4 months ago.

    1. Michael Raymond Daymude
    2. Keith A. Siddel
    3. Nicholas Basil Spirtos
    4. Steven Mark Sweat
    5. Igor Kopilenko
    6. ···
    9 lawyer answers

    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...

    2 lawyers agreed with this answer

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

    Answered 7 months 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

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

    Answered 7 months 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

  5. What will happen?

    Answered 5 months ago.

    1. Ryan Michael Davidson
    2. Lorraine M. Ramunno
    3. Irena Shiloh
    4. Timothy E. Zerillo
    4 lawyer answers

    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...

    1 lawyer agreed with this answer

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

    Answered 6 months 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

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

    Answered 7 months 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

  8. False accusations how to cover your ass

    Answered 7 months 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

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

    Answered about 2 months ago.

    1. Angela Brown Swenson
    2. Robert Jason De Groot
    3. Timothy E. Zerillo
    3 lawyer answers

    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.

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

    Answered 6 months ago.

    1. Eric Edward Rothstein
    2. Richard S. Jaffe
    3. James D. Kiley
    4. Michael J Palumbo
    5. Brian C. Pascale
    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.

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