Criminal Defense
Since 1993
Since 1993
Money for Nothing (and Your Chicks for Free): When Cops Break the Law
By: John Guidry
“That ain’t workin’ / That’s the way you do it / Money for nothin’ and your chicks for free” — Dire Straits
Here is something you already know about our government: they break the very laws that would get you and I arrested.
On every level, our government may break its own laws. And no, I’m not talking about the families of congressional members conducting insider trades that would place you and I in Martha Stewart’s old cell. I’m talking about tiny misdemeanors involving humanity’s oldest profession.
Was your arrest the result of a police trap?
If the government created the crime, you shouldn’t pay the price. Call John today at (407) 423-1117.
The Fine Line: Detection vs. Entrapment
From a criminal defense standpoint, whenever law enforcement breaks the law to arrest my client, I’m looking for entrapment.
The issue often becomes one of deciding whether our government promoted a crime or merely detected it.
- Drug Stings: Government officials go undercover and deal crack in our inner cities. In these cases, entrapment is hard to prove because, as Chris Rock famously said, “crack sort of sells itself.”
- Prostitution Stings: This is where it gets tricky. Prostitution is unique because a certain level of inducement might entrap an otherwise innocent person.
(Don’t get mad at me, but many folks would participate in prostitution if the price was right. Remember the movie Indecent Proposal? It exposed the dirty fact that many people have a price—we are just negotiating the level of inducement).
The Hypocrisy of “Legal” Sex Work
Our laws seem to be all over the board on this issue.
- Pornography: With proper licenses, it is perfectly legal to shoot an adult film where people are essentially having sex for money.
- Sex Surrogates: In the excellent movie The Sessions, Helen Hunt plays a sex surrogate for a disabled man. When the money is on the table, she says, “Although the aim is for us to have sex, I’m not a prostitute.” Really?
- Howard Stern: Howard has been helping guys out for decades by arranging dates with porn stars for virgins on his radio show. Is this so wrong?
Yet, the “high blood pressure jerk” who simply needs to get laid can be arrested and humiliated for doing the same thing.
Can Cops Have Sex with Prostitutes?
How far is the government allowed to go to convict a citizen?
The Hawaii Debate: At one point, Hawaiian law actually permitted police officers to have sex with prostitutes as part of an investigation. Police lobbyists argued they needed this exemption to “catch criminals.” (More on this in the update below).
The Florida Reality: Florida law does not expressly grant or deny law enforcement permission to have sex with prostitutes. It is taken on a case-by-case basis.
In Florida v. Herrera (Palm Beach County), a defense attorney filed a motion to dismiss based on Outrageous Police Conduct. The issue? An undercover officer touched a prostitute’s breasts to “prove he wasn’t a cop” (a total urban myth, by the way).
The Judge’s Ruling: Judge Barry Cohen denied the motion but his heart was in the right place. He wrote:
“Enforcement of these laws also degrades the image of law enforcement. In this case, the Court finds the image of a police officer touching the breasts of a suspect (even over the shirt) to be offensive, repugnant, and outright disgusting.”
However, he noted that legal precedent often allows this behavior. Courts have upheld convictions where officers stroked suspects, simulated sex acts, or even exposed themselves—all in the name of “the law.”
John’s 2025 Update: The Law Changes, The Legend Passes
Note: Since I first wrote this, two major things have happened.
1. Hawaii Changed the Law In 2014, after massive public outcry (and national embarrassment), the Hawaii Legislature finally passed a law revoking the exemption that allowed police to have sex with prostitutes. It took a lot of shaming, but they finally admitted that “fighting crime” shouldn’t involve committing sexual battery on the taxpayer’s dime.
2. Remembering Judge Barry Cohen The judge mentioned above, Barry Cohen, passed away in November 2024. He was a rare breed of judge who wasn’t afraid to call out the hypocrisy of the system from the bench. He frequently criticized the “War on Drugs” and racial profiling, often at great personal cost to his career. While he had to follow the law in Herrera, his written opinion calling the police conduct “repugnant” stands as a testament to his integrity. We need more judges like him.
If you have been caught in a sting operation where the police crossed the line, call me at (407) 423-1117. Let’s fight back.
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.