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Questions Answered by Marco Caviglia Esq.
1 Answer | Asked in Animal / Dog Law on
Q: My neighbor kicked my dog, what action should i need to do to? Should i file case against him?
Marco Caviglia Esq.
Marco Caviglia Esq. answered on Mar 19, 2017

In NY, dogs are chattel (property) and you might be able to recover the cost of veterinarian services for damages. Assuming no demonstrable injury, depending on the circumstances, you can report the neighbor to the local humane authority. It really depends on the circumstances if you want to... Read more »

2 Answers | Asked in Criminal Law for New York on
Q: My 18 yr old son has an impending case. If he receives probation, would he be prohibited from traveling to another state
Marco Caviglia Esq.
Marco Caviglia Esq. answered on Mar 6, 2017

Typically, yes. Probationers are disallowed from leaving the county without permission from their probation department.

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1 Answer | Asked in Divorce for New York on
Q: How do I find a lawyer that does pro bono work?
Marco Caviglia Esq.
Marco Caviglia Esq. answered on Jun 28, 2015

Contact the local legal aid office, the local bar association, and any special interest group which might be interested in your case.

1 Answer | Asked in Divorce for New York on
Q: What am I entitled to?

We've been married for 7 1/2 years and we're filing for a divorce. Nothing is in my name and I would like to know if I'm entitled to anything, such as spousal support?

Marco Caviglia Esq.
Marco Caviglia Esq. answered on Jun 28, 2015

Some spousal support may be in order. You are entitled to an equitable share of any marital assets in the marriage and liable for an equitable portion of the liabilities from the marriage.

1 Answer | Asked in Divorce for New York on
Q: Will I have to pay permenent alimony if my wife has a mental illness. She collect social security

Married 14 years she has a mental illness and has not worked for 10 years but collect social security disabillity

Marco Caviglia Esq.
Marco Caviglia Esq. answered on Jun 28, 2015

Possibly.

1 Answer | Asked in Divorce for New York on
Q: Is child support mandatory when getting divorce even if I don't want to put him on it

I'm filling for divorce but I was told I have to put my husband on child support but i feel like we have mutural understanding when it comes to money and our daughter so why should I do that

Marco Caviglia Esq.
Marco Caviglia Esq. answered on Jun 28, 2015

Not mandatory, but the court must state and agree with the reasons why the custodial spouse is foregoing it.

1 Answer | Asked in Divorce for New York on
Q: My husband receives SS Disability in addition to his NYS pension, what would I be entitled to with 2 young children?

We have been married for 16 years and own a home together

Marco Caviglia Esq.
Marco Caviglia Esq. answered on Jun 28, 2015

If you are speaking about child support, that income is included for purposes of calculating his 25% of post-FICA income for the support.

1 Answer | Asked in Divorce for New York on
Q: My divorce stipulation of settlement was signed by a judge but never filed with the court. Can I revoke the terms?
Marco Caviglia Esq.
Marco Caviglia Esq. answered on Jun 28, 2015

Probably not, but if you are in a judicial department other than the 2d, you should consult an attorney as the filing may be at issue and have consequences upon its enforceability.

1 Answer | Asked in Divorce for New York on
Q: is an inheritance something that has to be divided in a divorce?
Marco Caviglia Esq.
Marco Caviglia Esq. answered on Jun 28, 2015

An inheritance to one spouse is not marital property, so long as it is no commingled if it is susceptible to that nor signed over in some form to give the spouse ownership rights.

1 Answer | Asked in Divorce for New York on
Q: I live in the State of New York. My ex and I signed a legal separation papers and filed for an uncontested divorce. He

won't sign the papers to give the courts because he opposes the verified complaint. can I get a divorce without his signature

Marco Caviglia Esq.
Marco Caviglia Esq. answered on Jun 28, 2015

You cannot get a divorce if your spouse will not consent to it, for whatever reason. You are still in a much better position than if there were no prior legal separation. You can get a judge assigned, and proceed with the conversion divorce, and it is up to him to show that you have not complied... Read more »

1 Answer | Asked in Criminal Law for New York on
Q: I requested in writing that I wanted to appear before the Grand Jury and theydidnt let me. Can I file motion to dismiss?

We faxed the DA and the Legal Aide a few days after the arrest for burglary and grand larceny.

Marco Caviglia Esq.
Marco Caviglia Esq. answered on Jun 28, 2015

It depends if it was a timely request, which it seems here that it was. If they denied you your right to testify, you can move for dismissal, but it must be done within days of the arraignment on the indictment.

1 Answer | Asked in Criminal Law for New York on
Q: When u r 18 fecords r sealed do u have to tell them y u got arrested
Marco Caviglia Esq.
Marco Caviglia Esq. answered on Jun 28, 2015

If you have a sealed record, that means that no one can access without a court order (subject to some exceptions). If you are applying to college or for a job, typically (unless it's for police work, for example), you should not be asked if you were arrested. You can be asked if you were... Read more »

1 Answer | Asked in Criminal Law for New York on
Q: what is the process to request getting my money back that was taken during a search of my home
Marco Caviglia Esq.
Marco Caviglia Esq. answered on Jun 28, 2015

You may challenge a forfeiture of money seized, but it is complicated and expensive. Consult a lawyer if you are serious about doing this.

1 Answer | Asked in Criminal Law for New York on
Q: Are habeas corpus filings public record?
Marco Caviglia Esq.
Marco Caviglia Esq. answered on Jun 28, 2015

Almost everything filed in the court system is a public record.

1 Answer | Asked in Criminal Law for New York on
Q: If an inmate does their maximum sentence plus extra time, are they still supposed to get post release supervision?
Marco Caviglia Esq.
Marco Caviglia Esq. answered on Jun 28, 2015

How can a prisoner do "extra time?" If he was convicted for a new charge, that certainly does not reduce his post release supervision.

1 Answer | Asked in Criminal Law for New York on
Q: if a union official submits a lost time voucher to replace wages that do not exist is that embezellment?

A union president retires from his bargaining unit job. He no longer recieves wages from the former employer.

He submit a voucher to replace lost wages because he is no longer getting paid. Is this embezellment ?

Marco Caviglia Esq.
Marco Caviglia Esq. answered on Jun 28, 2015

Larceny in NY incorporates all possible theories of theft. This would seem to fall into that penal law.

1 Answer | Asked in Criminal Law for New York on
Q: Can you get arrested for giving someone your clean urine?
Marco Caviglia Esq.
Marco Caviglia Esq. answered on Jun 28, 2015

Probably something like tampering with evidence, but I haven't come across any cases like that, unlike the person using the clean urine getting violated probation charges.

1 Answer | Asked in Criminal Law for New York on
Q: I cut ties with a shady character. He insisted I mail him my controlled prescription medication. Can he get in trouble?
Marco Caviglia Esq.
Marco Caviglia Esq. answered on Jun 28, 2015

If I insist you give me something, and you don't, and that's the end of it, unless the police want to entertain a solicitation theory of some sort, doubtful. If he bothers you, call the police.

1 Answer | Asked in Criminal Law for New York on
Q: My father pleaded guilty for drug trafficking and was sentence to 20 years in prison in 2007. He is a first offender

Does the reform mandatory minimum sentencing law apply to him ..or is they any law that will to help him out?

Marco Caviglia Esq.
Marco Caviglia Esq. answered on Jun 28, 2015

While I am aware that reform laws have been introduced at the federal level, and your description sounds like a federal sentence, I do not think it has yet been enacted. So if it is made law, one cannot know what its final form and effects will specifically be.

1 Answer | Asked in Criminal Law for New York on
Q: how can a defendant win in a fraudulent transfer case

let's say your mother bought a property for you with your money because your credit was bad and you had her make the payments in her name then one day you discover she default on the mortgage so you decided to start paying it yourself until you can put it in your name now you put the house into... Read more »

Marco Caviglia Esq.
Marco Caviglia Esq. answered on Jun 28, 2015

Your situation requires that you consult and obtain representation of an attorney, as more details are needed, requiring an extensive conversation.

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