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Marco Caviglia

Marco Caviglia

43 years of experience; you'll deal with me one-on one always.
  • DUI & DWI, Criminal Law, Personal Injury ...
  • New York
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Biography

Marco Caviglia most recently was a Felony Bureau Chief with the Ulster County District Attorney. Mr. Caviglia has been a successful and effective trial attorney for over 40 years both in private and public practice in multiple criminal and civil fields of law. A complete resume is available at the website: caviglialaw.com.

He limits the number of cases he handles, as he always deals "one-on-one" with clients, so doesn't accept all cases, but in which case will refer you to a reliable attorney if possible.

Practice Areas
DUI & DWI
Criminal Law
Drug Crimes, Expungement, Fraud, Gun Crimes, Internet Crimes, Sex Crimes, Theft, Violent Crimes
Personal Injury
Animal & Dog Bites, Brain Injury, Car Accidents, Construction Accidents, Motorcycle Accidents, Premises Liability, Truck Accidents, Wrongful Death
Municipal Law
Divorce
Contested Divorce, Property Division, Same Sex Divorce, Spousal Support & Alimony, Uncontested Divorce
Probate
Probate Administration, Probate Litigation, Will Contests
Fees
  • Free Consultation
    Non-personal injury consultations are $150, and if hired, credited to retainer making it free. Fee payable at time of consultation. Always free for personal injury cases, even if not retained.
  • Credit Cards Accepted
Jurisdictions Admitted to Practice
New York
Placeholder image for jurisdictions.
Languages
  • Italian: Spoken
  • Spanish: Spoken
Professional Experience
Chief Counsel
Law Firm of Marco Caviglia
- Current
Chief of Felony Trials
Ulster County District Attorney's Office
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Chief Counsel
Law Firm of Marco Caviglia
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Special Counsel
Town of Wappinger
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Part time
Deputy Town Attorney
Town of Poughkeepsie
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part time
Partner
Caviglia & Kolb
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Senior Associate
Steinberg & Kolb
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Chief Assistant Public Defender
Dutchess County Public Defender's Office
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Associate
Meiselman, Farber, Stella & Eberz
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Assistant District Attorney
Dutchess County District Attorney's Office
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County Legislator
Dutchess County Legislator
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Education
Albany Law School
J.D. (1981)
Albany Law School Logo
Colgate University
B.A. | Political Science/Economics
Colgate University Logo
Websites & Blogs
Website
Website
Legal Answers
114 Questions Answered
Q. My husband and I have been caring for his son for 6 years. He left his mothers care due to an abusive situation.
A: An adult child, though under 21 years of age, who is working can emancipate himself and if he is self supporting, there should be no consequences from Social Services as he would not be applying for assistance, which would come back to haunt both your husband and his ex. While it would eliminate her obligation to pay the $129, it would avoid your husband's paying $300. The ex right now can petition for reduction or elimination of the $129 support based upon the amount the son earns though living a home, though she may not realize it. I think you are concerned about the cumulative effect of loss of $129 and possible obligation to pay $300. The problem is easily avoided if your son decides that he has no desire to move in with his mother. I am very surprised that this is a concern if he was abused by her in his early youth, dad took him in, and still supports him though he has a degree and works and presumably is happy. Is the boy so shallow that you are concerned he will hurt dad by getting a car? Anyway, if he does move in with her, then a reverse argument may be made that he is an adult earning money at his job, and that some or all of that should be used to offset the $300 support the mother will seek. ... Read More
Q. Does my husband have to pay back child support?
A: A properly executed separation agreement which includes child support is enforceable without any Supreme Court divorce action, and may be used to have a support magistrate in Family Court proceed, and yes, should result in arrears being paid.
Q. Is there a time limit that a will should be settled by an appointed executor?
A: An executor is a fiduciary, which means that s/he has personal responsibility and liability for all assets and liabilities of the estate. However, the executor has no powers until obtaining letters testamentary or preliminary letters testamentary from the Surrogate's Court as a result of filing for probate. However, short of perhaps addressing funeral expenses, until such letters are granted there is no power. Now, what if the named executor doesn't file? While there is a moral duty, there is no legal duty for the executor to proceed with probate. But there is no reason for a named executor to remain so, as s/he may renounce that and the alternate named executor would proceed, and if none, then the Court, upon application, would decide. If the named executor won't renounce and yet, the executor is dragging his or her feet unreasonably, s/he can be circumvented. Many people can file for probate of the estate besides the executor: a legatee, devisee, fiduciary, or guardian; a creditor of the decedent may file. In fact, any "interested person" seen by the court as such may proceed. And there is no need to wait for the named executor to act, as there is no priority in law that the executor has preference to start the proceeding. So, the answer to your question is: until someone gets tired of waiting and worrying the estate's assets are at risk. ... Read More
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Contact & Map
ONLY MAILING ADDRESS - DO NOT SEND MAIL TO OFFICE ADDRESS
Lagrangeville
P.O. Box 71
Lagrangeville, NY 12540
Toll-Free: (845) 453-2245
Notice: Mail only accepted at P.O. Box, not the office!
Law Firm of Marco Caviglia
301 Manchester Rd #201,
Poughkeepsie, NY 12603
Telephone: (845) 453-2245
Monday: 9 AM - 9 PM
Tuesday: 9 AM - 9 PM
Wednesday: 9 AM - 9 PM
Thursday: 9 AM - 9 PM
Friday: 9 AM - 9 PM (Today)
Saturday: 10:30 AM - 9 PM
Sunday: Closed
Notice: Evening calls usually answered, appointments possible during non-business hours, home visits available. NO WALKINS!
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