Timothy E. Zerillo’s Answers

Timothy E. Zerillo

Portland Criminal Defense Attorney.

Contributor Level 5
  1. Can my son son get money for pain and suffering

    Answered 3 months ago.

    1. Chad Craig Rasmussen
    2. Diana J Huntsman
    3. Justin D Heideman
    4. Albert Lee Crosner
    5. Jeffrey Mark Adams
    6. ···
    8 lawyer answers

    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.

    3 lawyers agreed with this answer

  2. 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 5 months 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

  3. 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 7 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

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

    Answered 10 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

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

    Answered 10 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

  6. Atf seized my phone

    Answered about 2 months ago.

    1. Christian K. Lassen II
    2. Keith G Langer
    3. Dorinda Jo Myers
    4. Kresta Nora Daly
    5. Timothy E. Zerillo
    5 lawyer answers

    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.

    1 lawyer agreed with this answer

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

    Answered 2 months ago.

    1. Ronald Daniel Hedding
    2. David A Schwartz
    3. Robert David Richman
    4. Jay Scott Finnecy
    5. Timothy E. Zerillo
    6. ···
    7 lawyer answers

    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.

    1 lawyer agreed with this answer

  8. What will happen?

    Answered 9 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

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

    Answered 10 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

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

    Answered 10 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

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