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April 2009 Archives

Tim Wins Motion to Suppress in DV Assault Case

I am pleased to report that I was able to suppress my Client's confession in a Domestic Violence Assault case today. The discovery revealed that the Defendant admitted to a police officer after arrest and Miranda that he had assaulted his girlfriend. I obtained the interrogation video, and found that the Client originally refused to answer questions after Miranda, then changed his mind and decided to answer, leading to his confession. I argued that under the Law Court decision of State v. Grant, that the police didn't "scrupulously honor" his initial refusal, meaning that the Client's statement must be thrown out. The Court agreed, and granted our Motion to Suppress. This means that our Client's confession will not be admitted at trial. --Tim

Tim Testifies Before Maine Legislature on Clifford Commission Bill

I was pleased to testify yesterday before the Maine Legislature's Judiciary Committee in support of LD1132, a Bill based on the Clifford Commission Report. The Bill seeks to create an independent commission that will be in charge of delivering constitutionally required counsel services for those who qualify in criminal, juvenile and child protective custody matters. The current $10,000,000 budget for this Counsel is in the hands of the Judiciary. This is troubling, because the same judge who writes the check for court-appointed counsel is also the same judge who makes decisions on that lawyer's cases. The Maine Association of Criminal Defense Lawyers ("MACDL") supports this bill, which I represented yesterday to the Committee. MACDL does suggest an amendment to the bill which would give MACDL the exclusive nominating control over one seat on the Commission. The Bill will head to the work session later this month, where the language of the proposed MACDL Amendment will be presented. --TZ

Crack Cocaine Case Dismissed

Attorney Amy Robidas of ZERILLO LAW, LLC was able to get a crack cocaine case dismissed in York County today, in favor of a plea to a paraphernalia charge and a fine. This is a great victory for our client, who had confessed to the crack cocaine charge to the Maine State Police. Additionally, our client's professional license (in the medical field) would have been compromised if she was convicted of the crack cocaine charge.

Tim Outlining Book on Negotiating with Insurance Companies

I have been contacted by a national publishing company to write a book on How to Negotiate with Insurance Companies. This is a book that would be designed to be read by other lawyers around the country to assist them in their negotiations. As many of you know, I practice personal injury law, criminal defense, family law and commercial litigation primarily. I expect this book (assuming the publisher and I agree to an outline) to take about 3 years to write (since I won't be taking off any time from my practice to write it). I will keep you updated as I progress. ~Tim