Can Hearsay Evidence Send You to Prison for a VOP?

By: John Guidry

Violations of probation (VOPs) come in all shapes and sizes. Some are deceptively complex, like a dirty urine screen or a curfew check. But nothing gets a prosecutor more giddy than a VOP based on a new arrest.

When you are on probation, you have two prime directives. They sound like the advice your mother gave you before you left the house as a teenager:

1. Don’t get arrested.
2. Don’t hang out with criminals.

Easy enough, right? Unfortunately, for many of my clients, it isn’t that simple. When a probationer gets arrested on a new charge, the State often thinks it’s an automatic win. They strut into the hearing with a lot of confidence. But I’m all for a little prosecutor confidence—it often blinds them to the massive holes in their case.

Here is the reality: Just because the police wrote a report saying you committed a new crime doesn’t mean the State can prove it at a VOP hearing.

Arrested while on probation? The stakes are incredibly high.

Call John today at (407) 423-1117. We need to start preparing your defense immediately.

The Legal Breakdown: Vidale v. State

Let’s look at a case that sheds light on just how lazy the State can get during these hearings. The case is Vidale v. State, 166 So. 3d 935 (Fla. 4th DCA 2015).

Vidale was serving a two-year probation sentence. He was arrested for a new Burglary and Possession of Cannabis. The judge at the VOP hearing found him guilty and sentenced him to twenty years in prison. Yes, you heard that right. Twenty years for violating a two-year probation term.

But here is how the appellate court tore that conviction to shreds:

• The “Evidence”: The State relied almost entirely on what the police said a neighbor told them. The neighbor claimed she saw an Audi and two young men leaving a burglarized home.
• The Hearsay Problem: The neighbor never showed up to court. The officer simply repeated her story. In court, we call this hearsay.
• The Stop: Police stopped a matching car two hours later. It had three people in it, not two. They found jewelry, but no one testified about which specific pieces Vidale was wearing or proved they belonged to the victim without using hearsay.
• The Ruling: The appellate court overturned the 20-year sentence. They ruled that while hearsay is admissible in a VOP hearing, it cannot be the sole basis for the conviction. The State failed to present any non-hearsay evidence connecting Vidale to the burglary.

John’s Takeaways

I have been defending VOPs in Orange, Seminole, Osceola, Lake, Brevard, and Volusia County for over 30 years. Here is what Vidale teaches us about fighting for your freedom:

• The Hearsay Trap: Prosecutors love to use hearsay in VOP hearings because the rules of evidence are looser than in a regular trial. But they often forget the golden rule: Hearsay alone is not enough. If the only proof against you is “Officer A said that Witness B said X,” we can fight that.
• Prosecutors “Power Down”: I see this all the time. Prosecutors assume a VOP is a slam dunk, so they get lazy. They don’t subpoena the victim or the eyewitnesses. They just bring in one cop to read a report. That is a mistake we can exploit.
• The 20-Year Risk: Vidale went from a probation sentence to a 20-year prison sentence. Never underestimate the danger of a VOP. The judge can sentence you to the maximum penalty allowed for the original charge.
• Presence is Not Guilt: Just because Vidale was in a car with stolen jewelry didn’t prove he was the burglar. We force the State to connect the dots with actual evidence, not just assumptions.
• New Law Violations are Hard to Prove: Proving a new crime inside a VOP hearing is actually quite difficult if the defense attorney holds the State to their burden of proof.

Don’t Let Them Take Shortcuts With Your Life

The State often tries to shortcut the process in violation hearings. They want to send you to prison based on rumors and police reports rather than live testimony and hard evidence.

If you have been arrested for a VOP in Central Florida, do not wait. The clock is ticking, and the penalties are severe.

Call me at (407) 423-1117. Let’s make them prove their case.

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.