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Raymond Edward Forbess Sr.

Raymond Forbess’s Answers

53 total

  • Travel requirements for sex offender

    Raymond’s Answer

    Many times people on probation desire to travel. I have had to get many court orders, even for folks not on probation but some type of pre-trial monitoring or diversionary program, even down at the misdemeanor level. I have never seen or heard that a sex offender has the "right" to travel away from his or her residence for 72 hours. It sounds as if you want to adopt a posture of challenging your probation officer, and, after working with dozens of these officers regarding violations, you might not want to bow up and tell them how things are going to be. These officers have plenty of discretion as to how they monitor you. My advice is to follow your order of probation to the letter and not be a pain or created any extra work for your officer. Obtaining a court order to travel is a very routine event. My firm and most other firms do these all the time as just part of taking care of a client. If you had a public defender, contact that office.

  • If a judge promises you a certain amount of years can they sentence you to that if your case has been thrown out?

    Raymond’s Answer

    He can certainly be violated and sentenced. He is entitled to a hearing which only looks to see if his violation was willful and substantial. There is no jury trial and proof beyond a reasonable doubt problem for the state.
    The standard of proof is very low and up to the conscience of the court. I have had them go both ways. Many judges stop short if the new charges are dropped. Some dig in on the violation even if it was dropped. Bottom line most times, if the judge thinks the person violated, well that's what the result is.

  • How likely is it for florida to extradite me from Indiana on a Felony VOP warrant

    Raymond’s Answer

    Some judges will not violate for the probationer's first time violation for smoking pot. They will send the violation report back the DOC probation people with a comment usually "continue to monitor."

    What you did or are contemplating doing is a more serious violation. You are talking about taking off up North, which means you will not be doing your monthly reporting down here. When all this gets resolved it means, and you have demonstrated, that you are not a good probation risk. Most judges give second chances but a handful just get aggravated with folks that just can't stop smoking weed even when you are exposed to jail or prison in doing so. The answer I am giving on extradition, is yes, Florida will extradite you on a felony warrant. It wasn't always this way, there used to be a cost/benefit analysis where common sense was applied before money was spent bringing someone back, especially on minor drug crimes or property crimes. Here if your judge signs a warrant, look for Florida to come get you.

    If given another chance at freedom, consider going weed free till off probation.

  • Is it possible to get a first degree felony burglary charge reduced to trespassing?

    Raymond’s Answer

    He's got a 30 year charge facing him. The state attorney on the case can do anything from dropping the case outright or going for the whole 30 years. As the other attorney above stated, all an attorney can do at this point is speculate.
    What you left out is probably the most important fact as you never said how your boyfriend got inside of the apartment. This law is designed for the fellows who kick in or bust in a door then go beat the hell out of whoever is inside. It is not designed for fellows who are let into an apartment, an argument ensues, followed by a fight. Yes, the state attorney frequently brings charges regardless of the victim's wishes to have everything dropped. I think the first thing to analyze here is the 911 call, who made it, what did they say?

  • My husband as been issued a capias but has a court date 02/24

    Raymond’s Answer

    Probation can certainly be violated. There will have to be a hearing conducted to determine if the probationer really could not pay or was simply not making the payment a priority. This writer has seen folks violated for not paying 400 or 500 in fees, fines and court costs, going to jail on a capias with a bond on it. The person then pays(instantly) a bond which is several hundred more than the money owed to the courts. Our firm usually tells people, you'd be better off paying the money to the court system or probation and resolving the problem as opposed to bonding out(if there is a bond) and retaining an attorney. Judges are pretty crafty, they can usually determine who cannot pay verses who chooses not to pay.

  • Will I have to take a drug test for misdemeanor probation for simple battery

    Raymond’s Answer

    It's not a certainty but it's out there as something that can happen. If you are on probation, whether felony or misdemeanor, the probation officer can always just tell you it's your day for a drug test. Many probation officers are crafty, testing an individual right at the end of probation or testing the probationer just a few days after the he or she had a clean test. Hope this helps.

  • Can two girls date and have sex ? One is 14 and one is 19

    Raymond’s Answer

    The 19 year old is risking prison, sex offender probation to follow with a monitor and a lifetime registration requirement as a sex offender.

  • I need to seal my record.

    Raymond’s Answer

    you need to sit down with an attorney for about 30 minutes. Under Fl. law you are allowed one sealing or expungement as a juvenile and one as an adult. What I always ask folks is what else is on your record, no matter how minor, something like getting drunk going to jail years ago for some type of charge. Many times the judge at first appearance will just give someone a time served sentence, the person goes home and they never remember if they were convicted/adjudicated on the offense. If adjudicated for any crime in Florida a person under law is not eligible for a sealing. All is not lost. An experienced attorney will ask about your conviction to see if there is a possibility the plea could be withdrawn and the case reopened.

    Most all attorneys offer a free consultation and will ask you a series of quick questions to see if you are eligible for a sealing. This writer believes you should ask and attorney in your local area, especially if considering withdrawing a plea.

  • Can I get in the military with an adjudications withheld and an expungment on grand theft in the third degree?

    Raymond’s Answer

    Depends on how bad the military needs people. In times of war, when the recruiters are having a hard time making numbers the rules are relaxed quite a bit. In the Duval County Courthouse there are a few recruiters that are poking around the misdemeanor and felony clerks offices. They are there verifying local records. I would say the Air Force, Coast Guard and Marines have been the most restrictive. The Army was the least restrictive, especially if you were enlisting for a combat specialty.

  • Can an 18 year old legally have sex with a 16 year old?

    Raymond’s Answer

    Yes. If the 16 year old is not quite 16 but represents himself or herself to be 16 you might have a problem.