Marco Caviglia’s Answers

Marco Caviglia

Poughkeepsie Criminal Defense Attorney.

Contributor Level 20
  1. 81 year old man physically assaulted & possibly sexually assaulted at nursing home - need representation

    Answered over 1 year ago.

    1. Marco Caviglia
    2. Jeffrey Mark Adams
    3. Shane Michael Boasberg
    4. David Ian Schoen
    5. Craig Bernard Mitchell
    6. ···
    9 lawyer answers

    The implausible part of your scenario is that the police took no interest or did any report. If that is correct, then you should contact the domestic violence and/or sexual crimes bureau of the DA's office and the APS office of Social Services. One of those will presumably look into it. Following that, you may then get your investigation. Enough may be developed to start a lawsuit, if appropriate, within the statute of limitations, which may in certain instances, be expanded beyond 1 year...

    11 lawyers agreed with this answer

  2. How Can I be Served papers as a Pro Se Litigant?

    Answered over 1 year ago.

    1. Daniel H. Richland
    2. Jonathan Brian Manley
    3. Marco Caviglia
    4. Vance Tate Davis
    5. David Ivan Bliven
    6. ···
    7 lawyer answers

    You may be served in any manner allowed under the CPLR which governs methods of service, and it need not be "in hand." You cannot insist on a method of service, but can challenge service as being defective if that is the case. Your reply papers as served sound OK, since a reply is typically due for service one day before the appearance.

    11 lawyers agreed with this answer

  3. How long does an appeal take on an E Felony for a DUI?

    Answered over 1 year ago.

    1. Joseph A Lo Piccolo
    2. Marco Caviglia
    3. Michael Weinstock
    4. Brian Andrew Trodden
    5. Eric Edward Rothstein
    6. ···
    6 lawyer answers

    The same as any other appeal... perfection of the appeal typically must take place within 6 months after filing the notice (unless extension is granted) and then the Answering brief, etc. must be filed, and ultimately it is reviewed by the Appellate Division, with or without oral argument, and then the decision is made. How long? It depends....figure at least 8 to 12 months.

    11 lawyers agreed with this answer

  4. Can a cop search my rental car without probable cause?

    Answered almost 2 years ago.

    1. Marco Caviglia
    2. Sean Thomas Wright
    3. Eric Edward Rothstein
    4. Adam Domenick Rumschlag
    5. David Ivan Bliven
    6. ···
    6 lawyer answers

    Plain view is just that, and excludes the trunk, glove compartment, etc. unless you give consent to search these enclosed areas. If he has you under arrest, then they will theoretically be able to do an inventory search on anticipated impoundment of your vehicle, and a court often lets the fruits of the search in as evidence, but the arrest for something has to precede the search. Often, the police dupe the motorist into granting consent (who wants to argue with a cop?) so they get the search...

    11 lawyers agreed with this answer

  5. Do you know the rules for proper use of a radar gun in regards to accurately targeting a speed violator?

    Answered over 1 year ago.

    1. Marco Caviglia
    2. Jayson Lutzky
    3. Terri Beth Kalker
    4. Michael J Palumbo
    5. Vikrant Kishin Advani
    6. ···
    6 lawyer answers

    Radar devices are sophisticated enough that they can measure you speed coming or going, i.e. regardless of which direction the car is travelling. The trick is to make certain you have the right car clocked, and that is often where a defense might be made, as well as operability of the radar, etc. which is when your traffic law attorney mounts a defense at the trial.

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  6. Whats the chances of beating a criminal possession of a narc drug charge

    Answered almost 2 years ago.

    1. Marco Caviglia
    2. Eric Edward Rothstein
    3. Ronald Steven Nir
    4. Benjamin Pearce Titter
    5. Stephen C. Cooper
    6. ···
    7 lawyer answers

    Only your attorney with a full understanding of the facts and circumstances could advise you of this. And I don't suggest posting any specific facts. Police probably troll this site to learn the law as well and may recognize your case.

    10 lawyers agreed with this answer

  7. How much isa non published completed novel ip claim stolen by my employer worth?i had it reviewed by professors and book dealers

    Answered almost 2 years ago.

    1. David Ian Schoen
    2. Effimia Soter
    3. Marco Caviglia
    4. Michael R Crosner
    5. Christian K. Lassen II
    6. ···
    8 lawyer answers

    I don't know what you mean by your boss "stole" your novel. Was it published? Did he copyright it? Opinions about an unpublished novel don't mean much if it is never published. I am sure you have a copy of it (if not you already have your first proof problem). If and when it is published, then you'll know its value. However, why don't you copyright it? You should have done so initially, but it may not be too late.

    10 lawyers agreed with this answer

  8. Getting re sentenced on a original court plea

    Answered about 2 years ago.

    1. Joseph A Lo Piccolo
    2. Eric Edward Rothstein
    3. Michael J Palumbo
    4. Marco Caviglia
    5. John J. Carney
    5 lawyer answers

    The "weekend" sentencing is actually a week's time but served intermittently, so that you should get credit for one week for each weekend served. If your sentence was 6 mos and a judge sticks to it, then you get credit for each "week" you served. If he resentences you to a year, same principle. This should be confrimed with your attorney, and you should hire one, because you carry a lot more firepower in a court than you will without one, and s/he can advise you well beforehand what your...

    10 lawyers agreed with this answer

  9. What does "no fault" divorce mean? Can i just divorce my wife or we have to agree to divorce? whats the process?

    Answered over 1 year ago.

    1. Marco Caviglia
    2. Douglas M. Scheinman
    3. Ernest DuBose
    4. Peter Christopher Lomtevas
    5. David Alexander Browde
    6. ···
    6 lawyer answers

    No fault simply means that the grounds for divorce can be "irretrievable breakdown of the marriage" and it is no longer necessary to show that the other spouse is the bad guy. Everything else is the same.

    8 lawyers agreed with this answer

    3 people marked this answer as helpful

  10. What precautions can I take so that people shouldn't sue me if anything happens on my property?

    Answered almost 2 years ago.

    1. Peter McGrath
    2. Joshua Richmond Lippes
    3. Jeffrey Mark Adams
    4. Eric Edward Rothstein
    5. Brian C. Pascale
    6. ···
    9 lawyer answers

    You can get one time event coverage for the event if you are concerned that your homeowner's insurance would not cover the type of injury possible at the event or the policy coverage is too small. If you really want to avoid being sued, convince a friend to have the event at his place.

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