Can You Be Violated for Carrying a Pocketknife on Probation?

By: John Guidry

Everyone hates a know-it-all. Through some force of nature beyond explanation, these types seem magnetically attracted to the probation and parole profession. I have no hard evidence of this, but if you’ve ever been on supervision, you know exactly what I’m talking about.

What you are about to read involves a probation officer making three separate violation accusations, all of which turned out to be bogus. It happens all the time, and your taxpayer dollars are being wasted on these mistakes.

Whether these officers violate citizens out of pure spite or simply because they don’t know the law is a debate for another day. The result is the same: you sitting in jail for a “crime” that doesn’t exist.

Is your Probation Officer threatening to violate you for a minor issue?

Don’t wait for the warrant. Call John today at (407) 423-1117 for a free consultation.

The Legal Breakdown: Messineo v. State

Let’s delve into the case of Messineo v. State, 2015 Fla. App. LEXIS 13904 (Fla. 5th DCA Sept. 18, 2015). This case is a perfect example of a Probation Officer (PO), a prosecutor, and a trial judge all getting the law completely wrong.

Ms. Messineo was on probation. Her PO alleged she violated three conditions: (1) possessing a weapon, (2) failing to complete community service, and (3) failing to get a psychological evaluation.

Here is how the Fifth District Court of Appeal (which covers Orange, Seminole, Volusia, and Lake counties) tore those accusations apart:

• The “Weapon” (A Pocketknife): Ms. Messineo was found with a pocketknife featuring a two-inch blade. She admitted to the officer she carried it for protection.
  • The Law: Florida Statute 790.001(13) defines a weapon but explicitly excludes a “common pocketknife.”
  • The Ruling: The Court ruled that a two-inch blade is a common pocketknife, not a weapon. Furthermore, just because she admitted she carried it for “protection” does not magically transform a legal tool into an illegal weapon. If that were the logic, a rolled-up newspaper could be a “weapon” if you admitted you knew how to use it like Bruce Lee.
• The “Missed” Deadlines: The PO violated her for not finishing her community service and psych eval.
  • The Reality: She still had 18 months left on her probation.
  • The Ruling: Unless the judge sets a specific schedule (e.g., “complete 10 hours per month”), you have until the end of your probation term to finish your conditions. You cannot be violated for failing to complete a task if the deadline hasn’t arrived yet.

John’s Takeaways

This case is a victory for common sense, but remember: Ms. Messineo had to go all the way to an appeals court to get justice. She likely sat in jail while this was sorted out. Here is how to avoid that trap:

• Know Your “Weapon” Rights: Generally, a folding knife with a blade under 4 inches is considered a “common pocketknife” in Florida and is not a violation of probation to possess (unless your specific order says “no knives whatsoever”).
• Don’t Talk to the Police: Ms. Messineo created a headache for herself by telling the officer she carried the knife for “protection.” That statement gave the judge a reason to doubt her. If you are stopped, keep your mouth shut.
• Check Your Deadlines: If your probation order doesn’t have a specific due date for community service, you technically have until the end of supervision. However, do not test your PO on this. Get it done early so they have no ammo against you.
• POs Make Mistakes: This case proves that POs, prosecutors, and even judges often don’t know the specific definitions in the statutes. Just because they say you violated, doesn’t mean you actually did.

Don’t Let Them Invent a Violation

If your probation officer is accusing you of a violation based on a technicality or a misunderstanding of the law, do not just accept the jail time. The system is prone to error, and you need someone to point those errors out to the judge immediately.

If you are facing a Violation of Probation in Orlando, Sanford, Kissimmee, or Daytona, let’s look at the specific facts.

Call me at (407) 423-1117. Let’s keep you out of jail.

About John Guidry II

John Guidry II is a seasoned criminal defense attorney and founder of the Law Firm of John P. Guidry II, P.A., located in downtown Orlando next to the Orange County Courthouse, where he has practiced for over 30 years. With more than three decades of experience defending clients throughout Central Florida since 1993, Guidry has successfully defended thousands of cases in Orange, Seminole, Osceola, Brevard, Lake, and Volusia counties. He has built a reputation for his strategic approach to criminal defense, focusing on pretrial motions and case dismissals rather than jury trials.

Guidry earned both his Juris Doctorate and Master of Business Administration from St. Louis University in 1993. He is a member of the Florida Bar and the Florida Association of Criminal Defense Lawyers. His practice encompasses the full spectrum of Florida state criminal charges, with a particular emphasis on achieving favorable outcomes through thorough pretrial preparation and motion practice.

Beyond the courtroom, Guidry is a prolific legal educator who has authored over 400 articles on criminal defense topics. He shares his legal expertise through his popular YouTube channel, Instagram, and TikTok accounts, where he has built a substantial following of people eager to learn about the law. His educational content breaks down complex legal concepts into accessible information for the general public.

When not practicing law, Guidry enjoys tennis and pickleball, and loves to travel. Drawing from his background as a former recording studio owner and music video producer in the Orlando area, he brings a creative perspective to his legal practice and continues to apply his passion for video production to his educational content.