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Marco Caviglia

Marco Caviglia’s Answers

4,633 total


  • What is the law about questioning a defendant while under the influence of drugs or while suffering from hallucinations

    My son was arrested while under the influence of herion and was questioned at that time and while he was suffering from hallucinations from withdrawl

    Marco’s Answer

    There is nothing illegal about it. Police are allowed to lie, cheat, etc. to get an admission. As one of the other attorneys pointed out, one might argue suppression because of insufficient waiver of right to silence. Ask your son's attorney for his/her opinion based upon the facts of the case.

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  • Is there a stature of limitation for trespassing in New York?

    The police did not charge the trespasser based on the lack of past criminal record. I'd to know if I still have the right to press charges.

    Marco’s Answer

    You may be relegated to civil trespass, an intentional tort, for which you can sue within one year from the event. You would have to decide if it's financially worth it to you.

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  • Can the judge/DA see sealed records?

    Got into trouble once 10 years ago. Record was sealed. Wondering if the judge and DA can see/use this

    Marco’s Answer

    A sealed record may be accessible to a prosecutor and a court in considering sentencing on a subsequent crime, e.g. moving for marijuan ACD

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  • If I drink one lite beer, will I fail a breathalizer?

    I will ask a non-drinker to drive if 1 can of beer will cause me to fail the breathalizer test.

    Marco’s Answer

    Depends upon the size of the can, your weight, mental disposition, alcohol content, and some other factors. If you're concerned, though, buy a $20 breathalyzer and use it when in doubt.

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  • Can I get my record expunged in New York State after receiving a felony and if so how do i go about doing it?

    It has been close to 10 years since my felony and i want to be able to hunt with my son. I know i can hunt with a bow and arrow but i always preferred rifles. And i am also a very changed man and i do not want this mistake haunting me anymore.

    Marco’s Answer

    I think it is necessary that if 7 attorneys need to answer that one can't expunge in New York State, then I should be the 8th, just to make sure enough attorneys have answered this question.

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  • To what degree is sexting illegal?

    It is immediately obvious that sexting with the use of images can lead to criminal charges, through a variety of methods, such as enticement, pornography, etc but most of which are based around age, both age of consent and major/minor. Where th...

    Marco’s Answer

    Whoa, dude. You have too much time on your hands.

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  • MISDEMEANOR MARIJUANA

    I got arrested for a 10$ bag marijuana they said it was a misdemeanor I went to court and got it down to violation the lawyer said after a year all charges will be dropped should I still get this case sealed

    Marco’s Answer

    You are describing an adjournment in contemplation of dismissal which is available to a first time offender, and it will be sealed after one year without the need of the DA's consent. The period of the ACD can be elongated to one year, and brought back by the court itself, not just by the DA if you violate the law in the ACD time period.

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  • My wife and I are fighting over one of our dogs.

    She is limiting me to once-a-week visits on her schedule. I want to come at least twice a week on my schedule. She has also made point of telling me that since she signed the adoption papers the dog is legally hers and she can do what she wants wi...

    Marco’s Answer

    You concede that you already gave her ownership fo the dog. You have no "visitation" rights and should have reserved same in the document you gave her giving her ownership. Consult a lawyer to see if there is a way to break or legally modify the existing conveyance.

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  • Can police enter your house without a warrant if they say a urine odor from a month ago indicates animal neglect?

    About a month ago my parents neighbor who is selling his house called in a complaint to the township that my mother's dog barked during an open house. A township ordinance enforcement woman came out and knocked at the front door and claimed she sm...

    Marco’s Answer

    Absent exigent circumstances, a warrant is needed from a local magistrate who must be convinced that there is good cause for issuing a search warrant of a private home.

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  • Can I sue a town and animal control for reimbursement for euthanasia

    I recently adopted a dog from animal control in a neighboring state and the first night home the dog bit my boyfriend. I called the officer who adopted the dog out and he said I forgot to mention that the dog is territorial. I kept the dog and bro...

    Marco’s Answer

    I infer that this was a dog warden who provided you with a dangerous animal who has probably bitten before and should have been put down previously or at least not presented for adoption. Send all the bills with a notice of claim to the town, and make a demand for payment of the bills. If the notice is timely, the right to sue the municipality is preserved. You might even consult a personal injury attorney, as the bites are actionable and worth probably more than your bills.

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