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Marco Caviglia

Marco Caviglia’s Answers

4,614 total


  • Do I need an attorney if I served more time than I was supposed to in prison?

    We are finding out today that my husband was held too long in prison. A little over 2 years and has an extension of parole longer than merited. He has served and is serving more time than merited in both aspects. We are seeking to file suit. ...

    Marco’s Answer

    If he was held beyond mandatory release date, he has a great cause of action against the state.

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  • If i accept a plea at a PIC conference and sentencing is after indictment cut off will charges be dropped if i withdraw plea

    My lawyer agreed to accept a plea at a P.I.C. conference and there is only a month before the 6 month deadline for them to indict me if i stall formally going in front of the judge to accept can i deny plea and file a 180/80 motion for dismissal ...

    Marco’s Answer

    In the unlikely event that your attorney did not commit to waiving speedy trial, etc., then the best you could hope for is litigation and ultimately winning on an appeal.

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  • What's next? How do I speed this process along?

    Won custody of children in May. Rather than mom show up for court, she removed them from school and moved to where I believe is NC. There has since been a warrant for her arrest in NYS. Why is there no active warrant elsewhere? In going on 2 m...

    Marco’s Answer

    You can most likely find her through private means; e.g. private investigator. Once done, it is simple to effectuate the children being taken from her by the authorities there, regardless of her being arrested or not.

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  • I'm wanting to take my Fiancé sister to court for custody of her son, which is my godson, what should I do?

    I've pretty much took care of him since birth, I am 18 years old have a part time job and I have a 4 month old with her Brother. Reasoning of me wanting to take him from her is because, 1, he's not in a safe environment, she cannot provide for him...

    Marco’s Answer

    From my point of view, if an infant is "not being treated well," CPS should be called. A finding of unfitness might actually place you in a better position to adopt. However, your case is weak in any event, lacking a blood or legal relationship with the infant. You should consult an attorney.

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  • Hunting while on misdemeanor probation..

    I've recently been placed on 3yrs misdemeanor probation for Criminal Mischief. Can I still get a hunting license to hunt in New York State?

    Marco’s Answer

    Probation for felonies, and often for misdemeanors, includes prohibition of all or certain weapons. Check with the terms of your probation and with your probation officer.

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  • What is the punishment or jail time for a sex offender not registering his or her car to the authorities

    I just got a car about 4 weeks ago and I am trying to get it inspected and I am a sex offender and I have not had the time to register it with local pd I work long days and my job is very demanding of me I know I have to I just have not had time t...

    Marco’s Answer

    Here's the law from the SORA statute. Best case scenario for you is an A misdemeanor. Good luck.

    §168-t. Penalty
    Any sex offender required to register or to verify pursuant to the provisions of this article who fails to register or verify in the manner and within the time periods provided for in this article shall be guilty of a class E felony upon conviction for the first offense, and upon conviction for a second or subsequent offense shall be guilty of a class D felony. Any sex offender who violates the provisions of section one hundred sixty-eight-v of this article shall be guilty of a class A misdemeanor upon conviction for the first offense, and upon conviction for a second or subsequent offense shall be guilty of a class D felony. Any such failure to register or verify may also be the basis for revocation of parole pursuant to section two hundred fifty-nine-i of the executive law or the basis for revocation of probation pursuant to article four hundred ten of the criminal procedure law.

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  • Do cops write a report to accompany a citation?

    My friend and I were in a park rolling a marijuana cigarette when we got caught by police. We were both issued a upm ticket and they said it was a violation. This happened in queens new york. Would they write a report as well that would state that...

    Marco’s Answer

    Almost certainly there is a record, personal or otherwise, that the law enforcement officer creates which would be discoverable for trial or at trial.

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  • Any advice on how do I change my children( they are minors) hyphenated last name to reflect only my last name.

    My children carries my wife and I last name hyphenated but now we would like to change it to only have my last name. They are minore and we travel a lot and I would like to know what documents I would have to submit for the change to be executed w...

    Marco’s Answer

    As you both agree on the name change, it will cost you $65 with a form you fill out yourself. For details go to:
    http://www.nycourts.gov/courts/nyc/civil/namechanges.shtml

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  • Ex-wife want to take child oversees

    My ex-wife wants to take my child to Georgia Republic for 2 weeks. In our divorce agreement it states we each have 7 days of uninterrupted vacation with our child. I received a letter in the mail from her new attorney informing me of her vacation...

    Marco’s Answer

    She can't take the child out without a passport, and you have to consent to issuing one to your child. Both your signatures are required if the child is under 16 years of age. An exception is if she has proof of sole custody status. If the child does not have a passport, it doesn't matter what her lawyer says. Alternatively, you can petition the court to prevent her leaving with the child, but unless you have some type of proof that your suspicions and fears are more than that, you may not be successful. Consult an attorney before she plans on leaving.

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  • If our agreement does not include or reference "Right of first refusal" , can my ex bring me to court on a violation?

    We did not include right of first refusal and our agreement but every time I have to work my ex sends me an email stating he has right of first refusal him and therefore he should be the one to be watching our son. He threatens to file a violat...

    Marco’s Answer

    Typically, that right is only created by an enforceable agreement. That is not to say he cannot petition for a change, but he would have to have significant or compelling change of circumstances. But there is no violation from what you state.

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