Kevin C Orr’s Answers

Kevin C Orr

Newark Criminal Defense Attorney.

Contributor Level 8
  1. Charged with 2C:35-10(A)(1), 3rd degree and was downgraded from superior court to municipal. Is that a good thing?

    Answered 6 months ago.

    1. Kevin C Orr
    2. Kristy L. Bruce
    3. Leslie B. Posnock
    4. Mark M Cheser
    5. William J Quirk
    6. ···
    8 lawyer answers

    The short answer is that PTI is only available for felony charges (which are handled in the Superior Court). Depending upon the downgraded charge you may qualify for the municipal court equivalent program known as a "conditional discharge." That type of program is available for most CDS charges. I always recommend that you meet with a lawyer to discuss your options.

    5 lawyers agreed with this answer

    1 person marked this answer as helpful

  2. Wife wants a separation. Is she entitled to half of my personal bank acct?

    Answered over 1 year ago.

    1. Kevin C Orr
    2. Jason David Roth
    3. Brad Michael Micklin
    4. Yolanda Navarrete
    4 lawyer answers

    In a New Jersey divorce, all of the parties' assets and debts that are acquired during the marriage are equitably divided regardless to how the property is held (i.e., individual/personal accounts are included). Most often the division is fifty percent each. The parties are, however, free to agree to a different split. The real question is whether the account is subject to equitable distribution. In other words, is any part of the account pre-marital or from inheritance? If yes,...

    3 lawyers agreed with this answer

    1 person marked this answer as helpful

  3. If you've been served with an Order to Show Cause in NJ do you have a right to a trial by Jury?

    Answered over 3 years ago.

    1. Kevin C Orr
    2. Mary Tom
    3. Daniel A Levy
    3 lawyer answers

    If the case is treated summarily under Rule 4:67, you may still have the right to a jury trial. Most cases brought under Rule 4:67 are under either (1) a Law Division "L" Docket involving monetary claims in excess of $15,000.00; or, (2) a Special Civil Part "DC" Docket involving monetary claims between $3,000 and $15,000.00. Of the two, you only have a right to a jury trial under an "L" Docket. You really need to consult with a lawyer to make the proper decision on how to proceed.

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  4. The Town of North Plainfield NJ will not allow building a 300 sq/ft driveway due to a "water run-off" ordinance. Can I appeal?

    Answered over 3 years ago.

    1. Kevin C Orr
    2. David Perry Davis
    2 lawyer answers

    Let me start by saying that land use law pis complicated and you should consult with a lawyer to determine the best option available to you. It is not clear to me the reason why your permit was denied. The first question is whether your driveway project can be either reconfigured or reduced in size and still obtain a permit. If it can and you can live with the configuration and you will not need a variance , which is costly. If a variance is the only option, you should first speak with the...

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  5. Enforcing alimony payments from NJ court in OH

    Answered over 3 years ago.

    1. Kevin C Orr
    2. Jared B Gaynor
    3. Ronald Glenn Lieberman
    3 lawyer answers

    Orders entered in one State are "usually" enforceable in another. The question is whether a NJ Court can properly acquire jurisdiction over your husband. If he has no ties to NJ then an NJ Court cannot order him to do anything. The Court's powers would be limited to dissolution of the marriage.

    1 lawyer agreed with this answer

    1 person marked this answer as helpful

  6. I have been told by 2 divorce attorneys this week that 1) I have lived long enough in NJ to file here but must file in OH.

    Answered over 3 years ago.

    1. Howard M Lewis
    2. David Perry Davis
    3. Kevin C Orr
    4. Janice Newman Teetsell
    4 lawyer answers

    Orders entered in one State are "usually" enforceable in another. The question is whether a NJ Court can properly acquire jurisdiction over your husband. If he has no ties to NJ then an NJ Court cannot order him to do anything. The Court's powers would be limited to dissolution of the marriage.

    1 lawyer agreed with this answer

  7. Caught with possession of marijuana, as an international student what will happen to me?

    Answered over 3 years ago.

    1. Todd David Palumbo
    2. Jeffrey Dean Joseph
    3. Michael James Duffy
    4. Kevin C Orr
    5. James Alexander Abate
    6. ···
    10 lawyer answers

    Simply knowing that drugs are present does not mean that you are guilty of "possession," which requires that you intended to possess the drugs. You will need to confirm with an immigration lawyer about whether a DP conviction of under 50 grams of marijuana has any impact. The criminal case, with a good lawyer, can be resolved by a dismissal (if your friend admits possession), Conditional Discharge, or as a worst case, a guiilty plea. My limited understanding of immigration is that if the...

    1 lawyer agreed with this answer

  8. My husband filed for divorce and I wrote a counterclaim,have a blank signed check from him for my credit card .can i use it ?

    Answered over 3 years ago.

    1. Yolanda Navarrete
    2. John B. D'Alessandro
    3. Kevin C Orr
    4. Lawrence P. Stern
    4 lawyer answers

    You should consider retaining a lawyer to assist you in your divorce, especially if your husband is hiding assets. As far as the check is concerned, you do not want to write a bad check, as that can be a criminal offense. If the account has funds, I see no problem in paying joint marital debt.

    1 lawyer agreed with this answer

  9. Do i need a lawyer to modify visitation and child support if I live in a seperate state than the orders

    Answered over 3 years ago.

    1. Kevin C Orr
    2. Ronald Glenn Lieberman
    3. Kenneth A White
    3 lawyer answers

    If the original order was entered in a different State, the other State has continuing jurisdiction. You should consult with a lawyer in the original State.

    1 lawyer agreed with this answer

  10. My son just pled guilty to underage drinking in Camden, NJ. How long will this remain on his record? How can it be expunged?

    Answered almost 3 years ago.

    1. Mark M Cheser
    2. Kevin C Orr
    3. Thomas Carroll Blauvelt
    3 lawyer answers

    A municipal ordinance violation (assuming that is what the charge) can be expunged after 2 years.