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Mark Forrest Walmer
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Mark Walmer’s Answers

83 total


  • How long can courts take to schedule a trial when someone is sitting in jail?

    Spouse was arrested and jailed for missing his arrangement for a misdemeanor resisting arrest charge. He has been in jail for 10 days and his trial date has not yet been set (trial was actually scheduled within 48 hours of arrest but they postpon...

    Mark’s Answer

    He is sitting in jail on a bench warrant for missing his court date. A petition to reinstate his bail could be filed depending on how long he was missing. Different counties have different procedures for addressing his situation. You need specific legal advice, and representation.

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  • Gun rights

    I was 18 now 36 got charged with burglary and theft by unlawful taking got record expunged I was charged as a minor adjudicated delinqent can I get my gun rights back

    Mark’s Answer

    If you were 18 when you were charged, it was not as a juvenile. If you were charged as a juvenile, and the record was expunged, then you should apply for a license or request your own PSP criminal history to make sure it is gone. If it is not gone, you may need to file for a Pardon.

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  • What are my options for fighting a disordly conduct summary offense for possesion of marijuana?

    Im ninteen years old with no priorcriminal record. I was in a car with my friend in Franklin Park when we were pulled over by a police officer. My friend and I were bpth under the influence of marijuana which we both admitted. After a search of th...

    Mark’s Answer

    There may be diversionary programs at the District Justice office. My experience is that any conviction, no matter how small, can create obstacles to employment. As a first offense, I would look for an alternative to conviction.

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  • Will a first DUI charge & arrest that was expunged after completion of ARD in PA affect my application for Osteopathic licensure

    No prior arrests anywhere. As a first year osteopathic medical student, should I disclose the arrest for DUI to my school? Student manual does not detail any policy of disclosure. My car was totalled, BAC=.179, minor bruising to myself and passeng...

    Mark’s Answer

    No duty to disclose in handbook... do not disclose. ARD is not a conviction. Questions on applications should only ask if you've been convicted not charged. I can research osteopathic licensure Monday, if you care to call the office.

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  • I would like to shorten my parole sentence

    Ive been on parole 2 years and have 2 more 2 go my husband died and I would like to start over

    Mark’s Answer

    The simple answer is that you can file a Motion to Terminate Parole which would be reviewed by the District Attorney and presented to a Judge. There are numerous considerations that go into this decision, and you have provided scant facts.

    Review your case with a local criminal defense attorney.

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  • At the preliminary hearing, the plaintiff says was in my car and passed by her house and another time in alley by her residence.

    A woman that works at a grocery store around the corner from where live is saying Harassment and Stalking her. Between the end of August, 2012 and Mid December, 2012 s says, that first saw me sitting inside my car outside of a restaurant , says f...

    Mark’s Answer

    I agree there is not really an answerable question here, but it seems you were charged probably with harrassment or stalking as a misdemeanor. There are several subsections that must be examined to determine what they must prove. The statute is a serious offense and can be the precursor to the filing of a felony (if the first case results in a conviction, and the conduct occurs again).

    So I agree that you should review your case with an attorney, and remember that the questions you post could be viewed by your prosecutor and "victim".

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  • About case law

    if there is case law in "commonwealth v cohen" stating that vascar or timing device is needed to convict a person for exceeding the maximum speed limit charge and not the uncorroborated statement of an officer stating that he followed the defendan...

    Mark’s Answer

    Cohen applies to a citation under 75 PACSA 3362, so i assume that is your citation. If the Officer has a speedometer that is certified and calibrated in conformity with regulations, and if he followed you for at least 3 tenths of a mile, that would be sufficient corroboration as well.

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  • What can I do if my son files a false report with the police?

    My son claims that I harassed him and ran him down while he was skateboarding. When the police contacted me I told them that I was not in town that date or time and I had the receipts to prove it. they did not seem interested in my proof, they j...

    Mark’s Answer

    Sometimes the police decide early on in a case who they want to believe. Since it seems like a small matter, they do not want to spend a lot of time and energy investigating it. Holding your son accountable implies that you want him investigated for a false report, or similar crime. So you can talk to the Chief of police, or the investigating officer's supervisor, or technically one of the County Detectives that works in the District Attorney's office. But you can't make them do anything.

    Additionally, you can file a personal criminal complaint against your son, but that has to be approved by the District Attorney's office and prosecuted by yourself or a lawyer.

    This sounds like a difficult family situation with a long back story, so you might want a free consultation with my office.

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  • Retail theft summary charge

    In 2011 I was charged with retail theft and obtained a lawyer, paid fines, fees, restitution, plead not guilty, attended ARDS and had my record expunged. I now was recently charged with a summary offense of retail theft and need legal help. I do...

    Mark’s Answer

    There are several issues here that you should address with an attorney:
    1 - if you had ARD before you will most likely not get it again.
    2 - if you are convicted of a summary retail theft, you will have it on your record for at least 5 years.
    3 - you must be fingerprinted as part of the process.
    4 - you should challenge the case, or seek an alternative disposition, to avoid a conviction.
    5 - you need to avoid the situations that lead to repeated (alleged) criminal behavior.

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  • Legal Help!!!

    I was charged with retail theft of $180. I wanted to do ARD but I don't qualify because I have an open case with my parents with credit card theft. We're trying to do a settlement. Formal arraignmnt is April 10. Retail theft formal arraignment is ...

    Mark’s Answer

    This is a complicated circumstance involving multiple cases. You should really schedule an interview with an experienced criminal defense attorney in your county. Many offer free consultations and it would be worth your while do take advantage of that offer.

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