The “5/25 Rule”: Why Doing Nothing Can Keep You Out of Prison

By: John Guidry

Sometimes, the toughest thing to do is to not do anything. A common, thoughtless phrase goes something like this: Don’t just stand there, do something. Almost always, this is bad advice.

• The Impulse: Our brains are hard-wired to act. It makes us feel in control.
• The Reality: “Doing something” usually gets you into trouble. If you have the courage to stand still, you increase your chances of success.

Warren Buffett’s 5/25 Rule: Buffett says you should write down the top 25 things you want to achieve. Circle the top 5.

• The Trick: The remaining 20 items are not “backup goals.” They are your “Avoid At All Cost” list. You cannot touch them until you succeed at the top 5.
• The Secret: Success comes from FOCUS.

The Probationer’s 5/25 List: Based on 25 years of defending VOPs, here is the only list you need to focus on to avoid prison:

1. Drugs – Don’t be near them.
2. Drugs – Don’t have them in your car.
3. Drugs & Friends – Don’t hang around friends with drugs.
4. Driving – If you ignore #1-3, drive perfectly. Don’t give them a reason to stop you.
5. Drugs – Don’t smoke weed.

Did your “friends” get you violated? You might not be guilty of their crimes. Call John today at (407) 423-1117.

The Case: Towns v. State (The “Smelly Car” Trap)

Our real-life example of how not to perform on probation comes from Towns v. State, 43 Fla. L. Weekly D 2572 (Fla. 3d DCA 2018).

• The Situation: Towns was on probation for Grand Theft Auto. He was driving his car with three friends (one in front, two in back).
• The Stop: Police stopped him for a traffic infraction.
• The Search: The officer smelled marijuana (which, in 2018, was instant Probable Cause). A search revealed a handgun and baggies of weed wedged in the back seat.

The Charges: Towns was violated for:

1. Possession of Firearm/Drugs (New Law Violation).
2. Associating with Criminals (Technical Violation). The Sentence: 5 Years in Prison.

The Win: Constructive Possession

Towns appealed, arguing he didn’t know the guys in the back seat had stuffed drugs and a gun under the seat.

• The Ruling: The Appellate Court overturned the Possession charges.
• The Logic: Mere proximity is not enough. The State could not prove Towns had Dominion and Control over items hidden by passengers in the back seat.“The mere smell of marijuana is not proof that Towns had dominion and possession of the drugs.”

The Loss: Associating with Criminals

However, Towns still lost. Even though he didn’t possess the drugs, the Court upheld the violation for Associating with Persons Engaged in Criminal Activity.

• The Trap: The strong odor of marijuana put Towns on notice that his passengers were committing a crime (possessing weed).
• The Result: By continuing to drive them around while smelling the weed, he was technically “associating” with criminals.
• The Outcome: The case was sent back for resentencing. Since the serious gun/drug charges were dropped, the Judge could reinstate probation—but it’s a gamble.

John’s 2026 Update: The “Hemp” Defense

Note: In 2018, the smell of weed was the end of the road. In 2026, the smell is just the beginning of the fight.

1. The “Odor of Hemp” Defense Since the legalization of Hemp, police dogs and human noses cannot distinguish between illegal Cannabis and legal Hemp.

• The Argument: In 2026, we argue that the “Odor of Marijuana” is no longer Probable Cause for a search because it could be legal Hemp. If the search was illegal, the gun and drugs found in the back seat must be suppressed.
• The VOP Impact: If the stop and search are illegal, we can often get the entire Violation of Probation dismissed.

2. “Associating” is Now Digital Probation officers now monitor social media.

• The 2026 Trap: You don’t have to be in a car to “associate.” If you are Facebook friends with a known felon or appear in a TikTok video with someone flashing a gun, that is enough to violate you for “Associating with Criminals.”
• The Advice: Scrub your friends list. The 5/25 Rule applies to your digital life too.

3. Technical vs. Substantive Violations In Towns, the “Associating” charge is a Technical Violation, while the “Possession” charge is a Substantive Violation.

• Why it Matters: In 2026, Florida law creates caps on prison time for Technical violations (often 90 days max for a first violation). By beating the Possession charge, Towns likely moved from a 5-year prison sentence to a short jail stint or reinstated probation.

Focus on Freedom

If you are on probation, your “Avoid At All Costs” list is simple: Don’t let anyone else’s bad decisions become your prison sentence. If you find yourself in a car that smells like trouble, get out.

Call me at (407) 423-1117. Let’s fight the VOP.

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.