Wednesday, February 08, 2012

Psilocybin Mushrooms case Dropped by Maine DEA

My client's house was broken into, and in the course of responding to the burglary, the police found jars containing spores of psilocybin mushrooms, which are fungi that contain the psychoactive compounds psilocybin and psilocin.  You probably know these as "shrooms" or "magic mushrooms."

The Maine DEA agreed with me that the seizure of these psilocybin mushrooms, given the circumstances, was questionable, and agreed not to charge the case.

For more about Zerillo Law, LLC, visit http://www.getzerillo.com/.

-Tim

Wednesday, January 25, 2012

Bail Reconsideration in Manslaughter Case - CBS News Bangor

http://www.wabi.tv/news/27059/south-berwick-man-in-jail-for-manslaughter-asks-judge-to-reconsider-bail

by Laura Roberts - January 25th 2012 01:25pm
Bangor - A South Berwick man in jail for seven years for manslaughter is asking for bail.

23-year-old Garrett Cheney was sentenced in December. He was convicted in July for driving drunk in a hit and run accident in Orono that killed UMaine student Jordyn Bakley of Camden.

After his sentencing, Cheney was denied post-conviction bail and taken directly to prison.

Now his attorney has made a motion to appeal that bail decision. The prosecution hopes the judge will stick with his original ruling.

"On December 7, Judge Anderson felt that Mr. Cheney should be held without bail and we believe that that decision he made on December 7 was legitimate, fair, and appropriate and we hope that he will maintain that same position," said District Attorney Chris Almy.

"There was never a court making findings related to his ties to the community, his character, his length of residence in the community, his employment history, all of those things go into both a pre-conviction and post-conviction bail analysis and that was never done. We think that if that is done, as the court is going to do here, that he is an excellent post-conviction bail candidate," said Tim Zerillo, Cheney's attorney.

Judge William Anderson says he will issue a written decision on the motion.

Application for Bail Pending Appeal in Manslaughter Case

BANGOR — A man serving seven years of a 15-year sentence in connection with the hit-and-run death of a University of Maine student two years ago asked through his attorney Wednesday that he be released on bail while his appeal is pending before the Maine Supreme Judicial Court.

Garrett Cheney, 23, of South Berwick was dressed in an orange jumpsuit with his legs shackled rather than in the suit and tie he wore every day of his trial in July.

On Dec. 7, Superior Court Justice William Anderson sentenced Cheney to 15 years with all but seven suspended in the death of Jordyn Bakley, 20, of Camden. The judge denied an oral motion for post-conviction bail made by Cheney’s trial attorney, William Bly of Biddeford, after the sentencing.

Cheney’s new attorney, Timothy Zerillo of Portland, who is handling the appeal, argued Wednesday that his client should be released from prison because he had no problems on pre-conviction bail of $50,000 surety.

Penobscot County District Attorney Christopher Almy, who successfully prosecuted the case, argued Wednesday that Anderson’s decision at Cheney’s sentencing was “fair and appropriate and should stand.”

Anderson said he would issue his decision in writing soon but there is no timeline under which he must make his ruling.

In addition to manslaughter, Cheney was found guilty of aggravated criminal operating under the influence of intoxicants, leaving the scene of an accident that resulted in serious bodily injury and criminal operating under the influence of intoxicants.

Monday, January 16, 2012

Happy MLK Day

"Injustice anywhere is a threat to justice everywhere."

--MLK Jr.

Wednesday, December 07, 2011

Cocaine Possession Case Dismissed

Attorney Amy Robidas was able to get a cocaine possession case dismissed for our client in Portland today, in favor of a civil violation.  Great work.  --Tim

Thursday, December 01, 2011

Attorney Zerillo Gets Defendant's Statements Suppressed in Hancock County

My Client was charged originally with Criminal Threatening with a Dangerous Weapon.  When the police arrived on the scene of the alleged crime, they questioned the Defendant.  I brought a Motion to Suppress arguing that the Statements that were made by my Client violated Miranda v. Arizona.  We had a hearing in which I put the 2 police officers involved on the stand and questioned them.  In a written decision received today, the Hancock County Superior Court granted the portion of our Motion to Suppress in which I asked the Court to suppress statements made by my Client while the officers questioned him at the scene of the alleged crime.  By agreement, the statements made by my Client both verbally and in writing at the police station were also suppressed.

--Tim

Amy Robidas Gets PFA Dismissed

Attorney Amy Robidas of Zerillo Law, LLC was able to get another Protection From Abuse case dismissed in West Bath today - great job Amy. 

For more information about Amy Robidas, please click here.

--Tim

Thursday, November 10, 2011

What A Week for Attorney Amy Robidas - 2 Filings and a Motion to Strike Priors in an OUI Granted

I felt the need to report on Zerillo Law, LLC's Senior Associate, Amy Robidas, and her great week.  She got two cases filed this week, one for a Log Book Violation for a truck driver and another for Operating Beyond License Restriction.  A filing is essentially a delayed dismissal, and is a great deal for our clients.

Then, Amy won a Motion to Strike Prior OUI offenses in a drunk driving case she has that is going to trial.  She noted that the Defendant's first OUI offense was based on a plea without a lawyer, and she argued that the plea should be struck.  The Court agreed over the prosecutor's objection, and struck the prior conviction.  This effectively means that Amy is going to trial on a first offense OUI instead of a second offense OUI, which is quite a difference.

For more on Amy and Zerillo Law, LLC, click here.

Congrats to Amy and our Clients!

--Tim Zerillo

Saturday, October 29, 2011

Tim Zerillo Lectures to York Bar Association on Collateral Consequences of Domestic Violence Cases

I was please to lecture to over 100 lawyers in a presentation sponsored by the York Bar Association this week.  The topic I was asked to discuss related to the Collateral Consequences of Domestic Violence cases.  There are many Collateral Consequences in Domestic Assault cases, including severe firearms and immigration consequences, that many criminal defense lawyers do not understand. 

I always consider it a great honor to teach other lawyers when I am asked.  Good lawyering involves a constant process of learning, for everyone who practices and is committed to being their best.

For more information on Zerillo Law's Domestic Violence practice, click here.

Tuesday, October 18, 2011

Testimonial on Drug Felony Case Experience with Tim Zerillo

Our Client, a college student and very bright guy who was facing a drug felony, recently posted this online, and I thought I would share:

I had a fantastic experience with Tim, he was courteous and informative throughout the entire experience, which was an extremely stressful and difficult period of my life. I credit Tim with saving me from a potentially devastating felony charge and would recommend him to anyone! Thanks So much!


Glad we could help!  For more info on Zerillo Law, LLC, click here.

Attorney Zerillo on How You Can't Discuss Insurance in Injury Trial

For more information on the Zerillo Law, LLC injury representation practice, go to http://www.getzerillo.com/.

Monday, September 26, 2011

Domestic Violence Assault Case Dismissed in York County

Last week, Zerillo Law, LLC Attorney John Burke was able to get a domestic violence assault case dismissed in York County.  This was great for our client, because Attorney Burke was able to get it dismissed at the initial appearance, by convicning the prosecutor that it was not an appropriate case for a domestic assault charge.  Congratulations John!

To learn more about Zerillo Law's Domestic Assault practice, please click here.

Tuesday, September 13, 2011

Felony Criminal Restraint By Parent Reduced to Misdemeanor with Time Served

Our Client took her child, in violation of a custody order, and went to Florida to hide from the child's father.  She was ultimately found in Florida, and Zerillo Law, LLC represented her in the Felony Charge of Criminal Restraint by a Parent in Maine, as well as a child custody determination.

Attorney's Amy Robidas and Jeff Hamm began handling the child custody case for Zerillo Law.  The father of the child attempted to strip the Mother, our Client, of custody because she kidnapped the child to Florida.

The Guardian Ad Litem in the family case supported the Father's efforts.

Jeff Hamm handled the Interim Hearing.  Amazingly, he won the hearing by establishing that the Father was abusive, and that the Mother was shielding the child from him so he would not abuse the child.

This win in the District Court allowed me to bargain the case effectively in the Superior Court in the criminal matter.  The DA agreed to dismiss the felony and enter a time served disposition.  There was no probation.

This was done without the Father's blessing.  In fact, he did everything he could to keep the prosecutor and the Court from accepting this deal.  Ultimately, I am happy to say our Client prevailed.

While there is a long fight for our Client in family court ahead, this represents a case in which, against all odds and against all the evidence, tenacity and skill won out in the end.

--Tim

Thursday, September 08, 2011

Watch HBO Documentary "Hot Coffee" To Understand the True Nature of Tort Reform

For those of you who have not yet seen the HBO Documentary "Hot Coffee," I encourage you to take a look at it.  The Documentary exposes Corporate America's tort reform efforts and how it impacts ordinary Americans.  It begins, quite powerfully, with revealing the misconceptions surrounding the McDonald's spilled hot coffee case, and goes on to explain how the United States Chamber of Commerce and others spun that into a a tort reform effort.  Worth a watch.  The movie website is http://www.hotcoffeethemovie.com/.  --Tim Zerillo