Marco Caviglia Esq.
Law Firm of Marco Caviglia
About Marco Caviglia Esq.Marco Caviglia divides his practice principally among three areas: Personal Injury, Criminal Law, and Matrimonial/Family Law.
Mr. Caviglia has been a trial attorney for 33 years. He graduated from Colgate University in 1973 and from Albany Law School at Union University in 1980. He is admitted to the New York Bar and the Bar for the Federal Courts for the Southern and Eastern Districts of New York. He has served as Chief Assistant to the Dutchess County Public Defender, Assistant District Attorney in Dutchess County, and as County Legislator of Dutchess County. He has also served as Deputy Town Attorney for the Town of Poughkeepsie and Special Counsel to the Town of Wappinger Falls.
Mr. Caviglia is a Diplomate of the National Institute for Trial Advocacy in the teaching of trial advocacy skills to attorneys. He is one of the few attorneys in New York State that is 35-b Board Certified to try capital cases and has been lead counsel in four death penalty cases. Mr. Caviglia serves as Arbitrator on the Second Department Appellate Division. He is also a member of the Dutchess County Society for the Prevention of Cruelty to Animals Board of Directors and an elected Fire Commissioner.
He has been a lecturer to the bar for Continuing Legal Education accredited courses for the NYS Bar Association and the Dutchess County Bar Association in more both Personal Injury and Criminal Law.
During his campaigns for County Judge in 2010 and Family Court Judge in 2012, he was rated as "Highly Qualified" by the Dutchess County Bar Association and "Highly Qualified" by the Governor's Bipartisan Screening Commission for the post sought. He was also personally endorsed by Governor Andrew Cuomo in 2011.
Mr. Caviglia is a member of the New York State Bar Association, the Dutchess County Bar Association, the New York State Association of Criminal Defense Lawyers, the New York State Defender's Association, NYS Women's Bar Association,and the Dutchess County Women's Bar Association.
Mr. Caviglia has served as an Adjunct Professor at SUNY New Paltz in the subjects of Criminology,Deviant Behavior and the Sociology of Law, and is a former Adjunct Professor in Paralegal Studies and the Department of Criminal Justice at Marist College, and the Department of Criminal Justice at Dutchess County Community College, and has authored several articles on legal subjects. Mr. Caviglia was also both the host of "Legal Brief," a radio law program, and a columnist for a similarly titled weekly newspaper column, and is a recurring guest on media programs, such as "Opinion."
- Criminal Law
- Legal Malpractice
- Personal Injury
Additional Practice Areas
- Car Accidents
- General Civil
- Credit Cards Accepted
- Rates, Retainers and Additional Information
- Free consultations for personal injury cases. Flat fees or hourly fees for retained services available depending upon case type.
Jurisdictions Admitted to Practice
|See website, for other experience and details|
|Chief Counsel, Law Firm of Marco Caviglia|
|Special Counsel, Town of Wappinger|
|Deputy Town Attorney, Town of Poughkeepsie|
|Partner, Caviglia & Kolb|
|Senior Associate, Steinberg & Kolb|
|Chief Assistant Public Defender, Dutchess County Public Defender's Office|
|Associate, Meiselman, Farber, Stella & Eberz|
|Assistant District Attorney, Dutchess County District Attorney's Office|
|County Legislator, Dutchess County Legislator|
|Albany Law School - Union College||J.D. (1981)|
|Colgate University||B.A.||Political Science/Economics|
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Q. How do I find a lawyer that does pro bono work?
A: Contact the local legal aid office, the local bar association, and any special interest group which might be interested in your case.
Q. What am I entitled to?
A: 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.
Q. Will I have to pay permenent alimony if my wife has a mental illness. She collect social security
Q. Is child support mandatory when getting divorce even if I don't want to put him on it
A: Not mandatory, but the court must state and agree with the reasons why the custodial spouse is foregoing it.
Q. My husband receives SS Disability in addition to his NYS pension, what would I be entitled to with 2 young children?
A: If you are speaking about child support, that income is included for purposes of calculating his 25% of post-FICA income for the support.
Q. My divorce stipulation of settlement was signed by a judge but never filed with the court. Can I revoke the terms?
A: 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.
Q. is an inheritance something that has to be divided in a divorce?
A: 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.
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
A: 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 with all substantial terms, and if he cannot, the court will grant the divorce. If you need further help, you should consult with a local matrimonial attorney.
Q. I requested in writing that I wanted to appear before the Grand Jury and theydidnt let me. Can I file motion to dismiss?
A: 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.