Marco Caviglia Esq.

Marco Caviglia Esq.

Law Firm of Marco Caviglia
  • Criminal Law, Divorce, Legal Malpractice...
  • New York
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Claimed Lawyer ProfileQ&A

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 38 years. He graduated from Colgate University and from Albany Law School at Union University. He is admitted to the New York Bar and the Bar for the Federal Courts for the Southern and Eastern Districts of New York. In Dutchess County, he has served as Chief Assistant Public Defender, Assistant District Attorney, and County Legislator, as well as Deputy Town Attorney for Poughkeepsie and Special Counsel to the Town of Wappinger Falls, and is currently a Board of Elections Commissioner. 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 was 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 or has been 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.

Practice Areas
  • Criminal Law
  • Divorce
  • Legal Malpractice
  • Personal Injury
Additional Practice Areas
  • Car Accidents
  • General Civil
  • Credit Cards Accepted
  • Contingent Fees
  • 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
New York
  • Italian: Spoken
  • Spanish: Spoken
Professional Experience
See website
for other experience and details
Chief Counsel
Law Firm of Marco Caviglia
- Current
Special Counsel
Town of Wappinger
Deputy Town Attorney
Town of Poughkeepsie
Caviglia & Kolb
Senior Associate
Steinberg & Kolb
Chief Assistant Public Defender
Dutchess County Public Defender's Office
Meiselman, Farber, Stella & Eberz
Assistant District Attorney
Dutchess County District Attorney's Office
County Legislator
Dutchess County Legislator
Albany Law School
J.D. (1981)
Colgate University
B.A. | Political Science/Economics
Websites & Blogs
Legal Answers
43 Questions Answered

Q. My neighbor kicked my dog, what action should i need to do to? Should i file case against him?
A: 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 escalate the matter. Under the Agriculture and Markets Law, animal cruelty might apply but that is up to the investigation by the humane officer.
Q. My 18 yr old son has an impending case. If he receives probation, would he be prohibited from traveling to another state
A: Typically, yes. Probationers are disallowed from leaving the county without permission from their probation department.
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
A: Possibly.
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.
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Contact & Map
Law Firm of Marco Caviglia
11 Market Street
Suite 219
Poughkeepsie, NY 12601
Telephone: (845) 471-0044
Fax: (845) 471-0041