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Marco Caviglia

Marco Caviglia’s Answers

4,614 total


  • What are my options for adultry divorce and do I have to be present

    i'm a veteran of the untied states army recently discharged honorabily in March of 2016, my wife has comitted Adultry of which I have proof I currently live in watertown new york as I was stationed in fort drum. I have been married to her from May...

    Marco’s Answer

    Don't bother with an adultery cause of action. It is difficult to prove and it is a needless expense. NY has no-fault divorce based upon marriage breakdown of 6 months or more. Consult an attorney.

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  • When my husband decided to separate he brought me a promise letter and we signed it and had it notarized as a legal separation.

    My husband committed adultry so we separated and I'm unemployed so he asked me to sign a form stating he would continue to help me with bills as long as we would do a legal separation so I did and we had it notarized at the bank is that a legal co...

    Marco’s Answer

    Probably not enforceable since in NY, such an agreement by the parties, made before or during the marriage, shall be valid and enforceable in a matrimonial action if such agreement is in writing, subscribed by the parties, and acknowledged or proven in the manner required to entitle a deed to be recorded. Mere notarization is not an acknowledgement. I suggest you get a consultation from a matrimonial attorney and don't sign homemade agreements.

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  • If i was charged for selling a controll substance in a post office is it differant then CSCS in another location like burgerking

    A friend is accused of selling a controlled substance in a post office lobby is that still the same charge as selling something in ur own home or could it be a federal crime or some other crime

    Marco’s Answer

    Typically, federal prosecution would/could ensue if one is in a federal enclave. A post office conceivably could be owned by and be an enclave of the federal government, but typically the post office rents buildings for postal services, so that would not suggest any federal involvement. Also, the postmaster general could investigate and result in charges.

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  • Is my temporary order of protection sealed if the case is dismissed?

    A domestic violence case of assault(3rd), criminal mischief(4) and harassment (2) was dismissed under cpl 170.40 about 2 months ago in criminal court, Queens County but the temporary (6 month) order of protection is still present in the system whe...

    Marco’s Answer

    You may request (for a fee) any criminal history on file with the DCJS. If the printout has nothing on it about this, you are OK.

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  • When etizolam becomes banned in a state, does that mean you're not allowed to ship to that state if you live out of it?

    So etizolam is banned in a few states, wikipedia etizolam to see which ones. I'd like to know concretely by a lawyer looking at the actual law that makes it illegal to sell and possess in that state, if that also encompasses it being shipped there...

    Marco’s Answer

    Your situation can get tricky. One can be prosecuted in various ways for conspiracy. Also, there is jurisdictional interplay if a crime here is a crime there, and prosecution could ensue. Check out Criminal Procedure Law 20.30.

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  • Does 'Interested Party' need to attend a hearing? I helped to commit a fraud but my name is listed as interested party.

    I corroborated with few to commit some forgery/fraud on a plaintiff. Plaintiff suing the firm where I claimed to have worked and puts me along with my title. Plaintiff also gave my home address to the court. Now the court lists me as an 'intereste...

    Marco’s Answer

    You are apparently a defendant in a civil action, I presume, unless the caption on your case lists the "People of the State of New York" as the plaintiff. In either case you are the defendant. If it is civil, you are subject to monetary damages. If criminal, you are subject to incarceration. However, if it is criminal, you have the right to an attorney, and if you can't afford one, one is appointed by the court. If it were criminal, I am sure you would know by now as you would have been criminally charged.

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  • What constitutes the sell of drugs over the phone. What has to be said by either party

    My husband was arrested because of a wire worn by an informant with a long criminal history his self. What have them the right to arrest him or send the informant to my home. From a different county

    Marco’s Answer

    It's unclear if the federal or state police arrested your husband. In either case, there may be conspiracy to sell. State police typically associate such calls with an actual buy (often 3).

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  • Can you still press charges against a shoplifter after the incident has passed and you've released them from custody?

    I work in retail and apprehended a 18 year old shoplifter. I called the police and filled out a deposition and stated I wanted to prosecute. A while later a coworker gets a call from the officer stating the shoplifter has been recruited by the mar...

    Marco’s Answer

    There is a one year statute of limitations for a misdemeanor.

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  • How does Yelp get away with putting up a restaurant's name and then having bad reviews?

    I doubt every merchant has consented to their name being used on Yelp, and even worse, if users write bad things about them, can't the merchant demand to be taken down? Reason I ask is because I am a restaurant and am not currently on Yelp, but I'...

    Marco’s Answer

    There is a federal law that grants effective immunity to a host site for even defamatory things put up by "reviewers" so the only remedy is to sue the reviewer for business tort, which is expensive.

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  • What steps do I take next after my quadro is certified by the county clerks office?

    Have a signed certified copy of my quadro for my part of his pension,do I have to serve him this certified copies and if I have to in what steps or papers do I have to serve them to him with? If I do have to serve him copies of these certified,do ...

    Marco’s Answer

    File the executed order with the plan administrator. They will enforce it unless it is not in compliance with their plan or rules, in which case it would need correction and signature again by the court.

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