Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Marco Caviglia
3 Answers | Asked in Criminal Law, Personal Injury and Education Law for New York on
Q: My 12 year old daughter was assaulted by another student at school. She has injuries. What type of lawyer should I call?

My daughter has a concussion,went to the hospital,and needs physical therapy.

Marco Caviglia
Marco Caviglia
answered on Jan 10, 2024

Report the matter first to the police. Then consult a personal injury attorney.

View More Answers

1 Answer | Asked in Consumer Law, Contracts and Construction Law for New York on
Q: We 2years back got new furnace and removed cental air. Couple months ago electriction found a 220 line live exposed.

Line was from central air that was removed.. Has since been capped.

Can action be taken against installer?

Marco Caviglia
Marco Caviglia
answered on Jan 10, 2024

Request the repair cost from the original installer. If you never contacted him to fix it after discovery, that will be his first defense, but not necessarily successful. If he refuses, take him to small claims court. You will need the repairing electrician as a live witness.

2 Answers | Asked in Divorce and Family Law for New York on
Q: If I had a separation agreement signed and notarized, but not court approved, can I change my mind about the stipulation

My husband and I had a separation agreement notarized and signed and sent to his attorney, but it was never seen by a court bc it’s going to be

Incorporated into the divorce. He’s not following the rules of the agreement. So can I now get an attorney and say I don’t want the... View More

Marco Caviglia
Marco Caviglia
answered on Jan 10, 2024

Your situation boils down to whether your spouse has substantially complied with all material provisions of the agreement. If not, your attorney should be able to prevent the agreement as being the basis of a conversion divorce.

View More Answers

2 Answers | Asked in Criminal Law and Traffic Tickets for New York on
Q: Will I face jail time

I got into an accident. I called the police and they tell me my drivers license is suspended due to an uninsured vehicle. I was not aware of this as I have an active insurance policy. I called the insurance company and they told me it was because of a two month gap I had in the middle of the year.... View More

Marco Caviglia
Marco Caviglia
answered on Jan 10, 2024

If your facts are demonstrable to the prosecutor, I doubt that jail would be ordered even if convicted, but your lawyer has good arguments for an alternate disposition. However, you may face civil penalties from DMV such as suspension up to three years. Consult counsel.

View More Answers

1 Answer | Asked in White Collar Crime for New York on
Q: what happens if I never received a Juror subpoena?
Marco Caviglia
Marco Caviglia
answered on Oct 6, 2023

More information is needed to give you an answer if any use.

1 Answer | Asked in Family Law for New York on
Q: Uninsured Medical

My order is written that the custodial parent is to send any uninsured medical receipts to me within 2 months of service. If i receive receipts later than 2 months of the service date, I may reimburse when I am able. My question, are there any case laws showing that if receipts are sent late one is... View More

Marco Caviglia
Marco Caviglia
answered on Oct 6, 2023

The order as you recite it speaks for itself, the debt is still owed. If this has demonstrated to be a hardship you think the court would buy, then you and your attorney should seek modification of the order that late notice relieves you of the debt.

1 Answer | Asked in Civil Rights for New York on
Q: Am I a prohibited person.

Hi, I was wondering about something that happened to me in late 2022 I am a 27-year-old adult My mom called crisis services they came they asked a series of questions which I had answered such as what year it is who's the president, etc was I suicidal. But unfortunately they said that my... View More

Marco Caviglia
Marco Caviglia
answered on Sep 19, 2023

I have no idea what you mean by a "prohibited person." Basically, if a patient did not make the application to be admitted for observation or otherwise, it is an involuntary commitment or emergency commitment, and can be held up to a differing maximum in each kind of commitment. For... View More

1 Answer | Asked in Criminal Law, Cannabis & Marijuana Law, Federal Crimes and Legal Malpractice for New York on
Q: What steps to take filing for new public defender and getting something done about misrepresentation by one?

My soon to be husband has been almost a year awaiting outcome of a federal arrest that I have found out more about online than he has from his public defender. When asked to meet with him she has still a year later never met him in person. She has filed notices and discussed pleas without his... View More

Marco Caviglia
Marco Caviglia
answered on Sep 19, 2023

One may complain to either or both the Federal Defender's Office of NYS and the presiding judge in the case, but had better have all the details correct and back up the allegations.

2 Answers | Asked in Civil Rights and Constitutional Law for New York on
Q: Would taking a medication called Disulfiram disqualify you from having a pistol permit in NY?

No past or pending criminal convictions or charges.

Marco Caviglia
Marco Caviglia
answered on Sep 19, 2023

In and of itself, it should not, the question really being is alcoholism a bar to obtaining a pistol permit, and that would depend upon one's mental hygiene history. Contact your local sheriff's office or simply apply and see if you are denied.

View More Answers

1 Answer | Asked in Contracts and Legal Malpractice for New York on
Q: I fired my attorney then 3 months later we we in a settlement conference he signed legal documents Is he allowed to do t

I fired my attorney in a malpractice case 3 months later We were at a settlement conference and he signed legal documents Is settlement valid I was forced to sign by my attorney and judge even though I did not want to

Marco Caviglia
Marco Caviglia
answered on Sep 19, 2023

Your facts do not ring true or correctly and are contrary to established requirements of an on record settlement. I suggest you take your matter up with your attorney to obtain a clear understanding of what happened.

1 Answer | Asked in Libel & Slander for New York on
Q: Defamation of character

I work for a company and recently accused of sexual harassment I am a big man 6”3 280 lbs so during the summer even in shorts my thighs chafe together or my boxers rise up so I’m constantly adjusting them while I’m working so I can be comfortable and because of that a female employee reported... View More

Marco Caviglia
Marco Caviglia
answered on Sep 19, 2023

I suggest you contact the human resources department and file a complaint. I don't know if your matter is really defamation as opposed to a breach of employee confidentiality. Otherwise, contact a labor law attorney.

1 Answer | Asked in Uncategorized for New York on
Q: my father is trying to send me a small sharp sword from the country of georgia, i live in NYC, will it get confiscated?

It will be sharp, i have no intent to harm others, only keep it in my room as decor and perhaps self defense in my house, will it get held up or confiscated while shipping or on the way here? AND YES THERE IS A COUNTRY CALLED GEORGIA I AM NOT TALKING ABOUT THE STATE

Marco Caviglia
Marco Caviglia
answered on Sep 19, 2023

Under federal law, 19 CFR § 12.96 applies which generally allows utilitarian knives to be imported but not switchblades. You should consult your state's and local statutes that further prohibit importation of the sword in that jurisdiction.

1 Answer | Asked in Criminal Law for New York on
Q: I have a control date today ..what is that and what will happen ??? Thank you

On pending charges this will be my second time going...I have not plead guilty to any charges

Marco Caviglia
Marco Caviglia
answered on Sep 19, 2023

Generally, a "control date" is a label used to indicate that something is to happen which will affect or dispose of the case, and to avoid losing tract of the matter, the court sets a date for an update or to ensure the disposition was reached.

2 Answers | Asked in Employment Discrimination and Employment Law for New York on
Q: Can I be fired because I wasn’t able to come in to work due to quarantine in New York State?

Hello, my name is Brian I recently contracted COVID-19. I informed my manager of this inconvenience to which she replied. Thanks for the heads up. Two days later I get a message from her stating that other employees are sick and there is no coverage for the night I reply to her by saying I feel a... View More

Marco Caviglia
Marco Caviglia
answered on Sep 19, 2023

New York’s paid sick leave law requires employers with five or more employees or net income of more than $1 million to provide paid sick leave to employees. Employers with fewer than five employees and a net income of $1 million or less must provide unpaid sick leave to employees. This new law is... View More

View More Answers

1 Answer | Asked in Civil Rights and Internet Law for New York on
Q: I have been getting threatened online by the same person that keeps making fake accounts.

If possible, could I do anything about it? This person is my EX friend’s boyfriend, and he says he wants to kill me, he is going to stomp me into the ground, he says he put my address online, and he said he has people looking for me. And I’m going to get what’s coming to me soon.

Marco Caviglia
Marco Caviglia
answered on Sep 4, 2023

Such a threat to kill may be Aggravated Harassment under NYS law as electronic means are being used. Contact the police and have screen shots ready for them.

1 Answer | Asked in Sexual Harassment for New York on
Q: I need to know if what I experienced qualified as sexual assault or battery

I was forced to touch a man's penis. He used his hand to forcibly hold mine to his genitals despite my struggling to remove it. He would say good girl when I had to take a break from struggling. He also asked to see my breasts, to which I said no. He forcibly pulled my shirt and bra down and... View More

Marco Caviglia
Marco Caviglia
answered on Sep 4, 2023

Yes, these are crimes under Article 130 of the NYS Penal Law. If you haven't done so already, you should contact the police, as your case gets weaker with delay.

1 Answer | Asked in Family Law for New York on
Q: I have been living with a guy and had a baby but unfortunately two weeks ago he passed away.

Now his ex wife has sent me an OTSC am not sure why but it says something about a letter that my boyfriend had signed but not notarized and I believe it's for her inheritance from his job why would they think that I have anything to do with that I don't have a power or attorney for him or... View More

Marco Caviglia
Marco Caviglia
answered on Sep 4, 2023

I surmise that the infant may be a possible beneficiary by designation or inheritance to part of the pension benefits to be paid out, and the former spouse seeks the same benefit. An attorney should be consulted to review the OTSC and the related documents. Don't delay, or you may default.

1 Answer | Asked in Criminal Law, Family Law and Sexual Harassment for New York on
Q: I want to know if I can reopen a case that was closed approximately during the year of 2018 or I would be able to sue.

I got sexually assaulted (molested and raped) by my biological father as a young child, and reported it to my school that I was attending to, at the time. It had opened a family court case and ACS case but, my mother and sister was speaking down on me stating that I’m breaking our family apart... View More

Marco Caviglia
Marco Caviglia
answered on Sep 2, 2023

You don't specify your age, but you may have the ability to file a civil suit against your father (and possibly your mother as a conspirator), but it will be a factual determination at trial why you lied. Consult a personal injury attorney to review details an applicable statues.

1 Answer | Asked in Criminal Law for New York on
Q: If a person violates a stay away Order of Protection, does the police have an obligation to arrest them?

I have an Order for Protection and this person showed up at my door again. The police came and didn't want to arrest her. They told me they didn't have to and could weigh the circumstances

Marco Caviglia
Marco Caviglia
answered on Sep 2, 2023

CPL 140.10(4) mandates the arrest of someone violating an order of protection, and the officer is prohibited from trying to reconcile or mediate the parties, where there is reasonable cause to believe the order was violated.

1 Answer | Asked in Criminal Law for New York on
Q: I was sitting in driver’s seat not engaging with a person falsely accusing me of scratching his car. He opened my door.

Is this assault? He would not move and continued to prevent me from closing my door

Marco Caviglia
Marco Caviglia
answered on Sep 2, 2023

Not based on the facts you presented.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.