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Questions Answered by Marco Caviglia
1 Answer | Asked in Criminal Law for New York on
Q: does getting charged with 2 misdemeanor charges driving without a license n disorderly conduct affect your license

In NY. He needs to renew his license. I know its up to a board but does anybody know what the chances are of him getting his license renewed.

Thanks.

Marco Caviglia
Marco Caviglia
answered on Jun 28, 2015

Unlicensed operation, first time offense, should not have a significant effect upon the license. Disorderly Conduct should be irrelevant. However, if one has a bad driving record, it may have greater effect. For more details, contact NYS DMV.

1 Answer | Asked in Criminal Law for New York on
Q: Is it possible for a criminal request to move his trial to the State Supreme Court for a Misdemeanor?

In the local level, the law is completely conflicting with the state law and the local court will only go by their local laws despite it's completely conflicting with State law. Can a criminal defendant request to move their case to the State Supreme Court because the local law is violating... View More

Marco Caviglia
Marco Caviglia
answered on Jun 28, 2015

Not really. While NY Supreme Court has statewide jurisdiction over almost any substantive type of law, including criminal, it will not happen. Your remedy, if convicted, is an appeal if there is any error of law being imposed by the local court.

1 Answer | Asked in Criminal Law for New York on
Q: Which states have expungements of old crminal records?
Marco Caviglia
Marco Caviglia
answered on Jun 28, 2015

You must check with each state. For example, California has it but NY does not.

1 Answer | Asked in Criminal Law for New York on
Q: If my boyfriend caught his third dui, how long is he facing in jail?

There charging him as a predicate felony

Marco Caviglia
Marco Caviglia
answered on Jun 28, 2015

If he is convicted of an E felony, he faces a maximum of 4 years in state prison.

1 Answer | Asked in Criminal Law for New York on
Q: Can I bring litigation against NYS Division of Parole with facts and proof of that system, destroyed my life.

Released from parole 6 years early to keep me quiet

Marco Caviglia
Marco Caviglia
answered on Jun 28, 2015

You should consult a civil rights attorney to review the facts and proof to see if you have a cause of action under federal law.

1 Answer | Asked in Criminal Law for New York on
Q: Can police force me to search my house

police told me if I didn't listen search my house they will lock me out

Marco Caviglia
Marco Caviglia
answered on Jun 28, 2015

Please rephrase your question.

1 Answer | Asked in Criminal Law for New York on
Q: conditional plea

I have a conditional plea. The conditions are i install interlock, do 6 months of treatment, attend a victim impact panel and 50 hrs community service by June 19. I have completed everything except the community service. is it possible to get an extension or reschedule my court date? Thank you

Marco Caviglia
Marco Caviglia
answered on Jun 28, 2015

I presume that your "conditional plea" is interim probation and the sentence and even the plea is subject to change for the better if you complete all the conditions. You must get court permission to extend your community service deadline and you should have a very good reason.

1 Answer | Asked in Criminal Law for New York on
Q: if the police found something illegal while searching my house (had a warrant) , can they arrest me without a warrant ?
Marco Caviglia
Marco Caviglia
answered on Jun 28, 2015

Yes, if the discovered items in the search warrant constituted probable cause that you have committed a crime.

1 Answer | Asked in Criminal Law for New York on
Q: My bf hit me.I filed a complaint.he got arrested 2 months ago for assault didn't go to jail. What are the chances he wil

2 months ago he was charged with assault was his first misdemeanor got away with it..now he hit me I have bruises and witness..what are the chances he will go to jail and will he get deported? He doesn't have a green card

Marco Caviglia
Marco Caviglia
answered on Jun 28, 2015

If convicted of assault, the charge is considered one of "moral turpitude" and a basis for deportation if he is not a citizen.

1 Answer | Asked in Criminal Law for New York on
Q: What are the charges for someone arrested at age 19 for aggravated DWI and again at age 22 in NYS?
Marco Caviglia
Marco Caviglia
answered on Jun 28, 2015

In NY, that person is an adult for all purposes in criminal court, and is convicted of both, will be charged as a felon. If the first charge did not result in a misdemeanor conviction, or the disposition was via the Zero Tolerance Law, then the second charge is a misdemeanor.

1 Answer | Asked in Criminal Law for New York on
Q: What does aggravated dwi mean
Marco Caviglia
Marco Caviglia
answered on Jun 28, 2015

In NY, it means you BAC reading is .18 of 1% or more, subjecting one to harsher penalties and license implications.

1 Answer | Asked in Criminal Law for New York on
Q: Say you are on probation. What happens if someone from court or probation sees you at a restaurant with a beer or drink?
Marco Caviglia
Marco Caviglia
answered on Jun 28, 2015

Typically, if you are recognized, that person will probably report you and you would have a violation of probation charge filed.

1 Answer | Asked in Criminal Law for New York on
Q: Can a party in a matrimonial action claim a joint account with a deceased parent as an inheritance and not subject to

Equitable distribution

Marco Caviglia
Marco Caviglia
answered on Nov 22, 2013

While this question was hypothetically raised in a case shortly after the equitable distribution law was passed in NYS, I am unaware of a definitive case on the matter. The statute does specifically exclude such money from being a marital asset, but it would appear that is should be, given that... View More

4 Answers | Asked in Medical Malpractice for New York on
Q: My aunt dies due to wrongful death by the hands of her doctor can i file a lawsuit on her behalf?
Marco Caviglia
Marco Caviglia
answered on Nov 22, 2013

You may do so provided the wrongful act occurred within 2 1/2 years of the date you start the lawsuit. This is the statute of limitations that applies. Your lawyer will also have to have a doctor certify that in his/her opinion there was medical malpractice before the suit may be filed.

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