Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Marco Caviglia
1 Answer | Asked in Criminal Law for New York on
Q: Where do I obtain a Sex Offender Petition for Relief or Modification?
Marco Caviglia
Marco Caviglia
answered on Feb 14, 2023

A sample petition can be found at https://www.ils.ny.gov/files/SORA%20Modification%20Proceeding%202019.pdf on page 33. It is not recommended that this be completed by a non-attorney. One is limited in the frequency of application allowed, and lay people are prone to error. If you can't... View More

1 Answer | Asked in Criminal Law for New York on
Q: I let a friend use my truck a few months ago. Now he won't return it and locked it in his garage and went to Florida.

I was doing him a favor but now I think he's either forged my name on the title because it was in the glove box. I think that's y He's ignoring my plea to get it back

Marco Caviglia
Marco Caviglia
answered on Feb 14, 2023

If it is provable that you gave him the vehicle as a loan, with a designated date to return it, and he has not done so, then he may be charged with an A misdemeanor for unauthorized use. That you would leave the title in the glove box and your presumption that he has forged your name for a... View More

1 Answer | Asked in Criminal Law and Traffic Tickets for New York on
Q: If I pay this, does the matter end there or will this escalate to criminal prosecution?

I pick up my child from school every day and drive her around to playdates and then classes and then (every other week) to her mother’s place 1 hour away. In Manhattan this is a nightmare as I need to find parking rapidly on the street, multiple times a day.

A friend offered a solution -... View More

Marco Caviglia
Marco Caviglia
answered on Feb 14, 2023

It could escalate if anyone is interested (after all you are in NYC) and Criminal Possession of a Forged Instrument seems applicable, which is an A misdemeanor.

1 Answer | Asked in Criminal Law for New York on
Q: I am 16 no prior criminal record and live in NY.Can i get jail time for dissemination of intimate photo?

I am 16 no prior criminal record and live in NY. The video was of my ex and she accused me of spreading it around the school, I sent it to 1 person only and it was my cousin back then in July. Me and her broke up in october and I deleted everything after. She got a new boyfriend and let’s say his... View More

Marco Caviglia
Marco Caviglia
answered on Feb 14, 2023

If the victim is under 17 years of age, and it included sexual conduct, it constitutes a sexual performance of a child and exposes the inducer of such performance to prosecution for a class C felony, which is very, very serious. Sending it, and everyone after that who sends it, has exposure to... View More

1 Answer | Asked in Criminal Law, Family Law and Animal / Dog Law for New York on
Q: I live in my parents' house, and my sister has threatened to take my dog away/surrender him many times. Can she do that?

I got my dog from my aunt and uncle. He's my responsibility from training to vet visits, so on and so forth. My sister doesn't think I'm doing enough to train him, and has made it a point that she wants to get rid of him. We both live in my parents' house, and we both pay to... View More

Marco Caviglia
Marco Caviglia
answered on Feb 14, 2023

Before turning this into a legal case, speak to your parents, who I am sure will resolve this in little time.

2 Answers | Asked in Constitutional Law, Criminal Law and Civil Rights for New York on
Q: A guy has been asking me to cash fake checks for a few months, should I go to the police to report him?

Met some guy who asked if he could cash his checks in my bank account, because he was having problems, and being extremely naive I did .I've only recently realized that they were fake, I believed him when he told me that his employer was having problems or something, and now I'm starting... View More

Marco Caviglia
Marco Caviglia
answered on Feb 14, 2023

You need to consult an attorney because you do have exposure as a conspirator in defrauding the bank.

View More Answers

1 Answer | Asked in Criminal Law for New York on
Q: How long can a Grand jury indict and not inform the defense what those charges are against his client?

Male arrested on 1/20, is still sitting in jail without official charges. Grand jury met on 2/2. No testimonials, evidence, or body cam footage has been shared with his public advocate yet.

Marco Caviglia
Marco Caviglia
answered on Feb 14, 2023

First, he can't be in jail without "official charges" because he was arrested and presumably arraigned, at which time the charges, in the form of complaint(s) or information(s), are read to the defendant and he entered a (not guilty) plea. He is apparently being held on no bail or... View More

1 Answer | Asked in Criminal Law and DUI / DWI for Oregon on
Q: Why would the oregon state police send me certified mail?

I was cited for a dui by the state police and also had my car impounded. I am waiting to go to court on it this month. Why would they send me certified mail?

Marco Caviglia
Marco Caviglia
answered on Feb 14, 2023

To have written confirmation that you were notified of the enclosed document.

1 Answer | Asked in Criminal Law for Oregon on
Q: Is the defense required to submit items the client has provided for an opinion as discovery if it wont be used in trial?

I emailed a full version of a partial video the prosecutor already has in possession that is evidence to my case. I did this to ask her opinion on if it would help with my defense. She is now saying she is required to submit it as discovery even though I do not want to use it. is this true?

Marco Caviglia
Marco Caviglia
answered on Feb 14, 2023

I assume that you are a prosecution witness or the complainant. The prosecutor is required to disclose all relevant evidence to the defense, including your video, or she can be sanctioned.

1 Answer | Asked in Criminal Law on
Q: Can someone PLEASE tell me what this means

6/7/2022 Felony - PC3455-F: Violation Of Community Supervision

DISPOSITION 2/2/2023 Dismissal/Stricken - Petition for Community Supervis. (CJR)

CHARGES, DISPOSITIONS & PLEAS

Marco Caviglia
Marco Caviglia
answered on Feb 12, 2023

It appears that there was a violation of some type of probation filed but which was dismissed later. Best to contact the probation department from which the complaint would have been filed, or the court clerk of the court dismissing the complaint.

2 Answers | Asked in Divorce and Family Law for New York on
Q: Divorced in 2018, was awarded half of an IRA, my ex has not given it to me since then & he won't let me see my son

My ex was supposed to give me half of an IRA as rewarded by the courts and I have joint custody of my son. He has not given me the money and is now refusing to let my son visit me.

Marco Caviglia
Marco Caviglia
answered on Feb 14, 2023

On the visitation issue, you must petition in Family Court. On the division of property issue, you should go to Supreme Court, which may also handle the visitation issue if it desires and prior to your filing in Family Court. You probably need an attorney, so consult one.

View More Answers

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
Marco Caviglia
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... View 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
Marco Caviglia
answered on Mar 6, 2017

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

View More Answers

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

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.