Resisting Arrest Charges? New Program Offers a “Free Pass”

By: John Guidry

If you’re a sports fan, how many times have you watched your team lose to a clearly worse opponent? We assume the best team always wins, but the world doesn’t work that way. Chance is always involved.

There are now great statistics on this for poker players. With so much poker being played online, computers can track how often the “best” hand actually holds up. The answer? The best hand wins only about 12% of the time.

So, what are the odds that the State Attorney’s Office would make a policy that actually benefits someone arrested for a crime?

In my experience defending cases since 1993, those odds are usually slim. We have seen some progress with DUI and Domestic Violence diversion, but generally, the house wins.

However, we now have some genuinely surprising good news to add to that short list.

Charged with Resisting Without Violence?

You might be eligible to have your case dropped immediately. Call John today at (407) 423-1117.

The New “Resisting” Diversion Program

Orange and Osceola County State Attorney Aramis Ayala recently announced a groundbreaking diversion program for the charge of Resisting an Officer Without Violence.

Unlike traditional probation or lengthy diversion contracts, this program is designed to be quick and effective. If you qualify and complete the simple requirements, your charge will be dismissed or nolle prossed.

Do You Qualify?

This program is unique because it is surprisingly lenient regarding prior history. Here is the checklist to see if you are eligible:

• Location: The charge must be in Orange or Osceola County.
• The Charges: The Resisting Without Violence charge must be:
  • The only charge, OR
  • Paired with a drug charge.
  • Note: If you have other charges attached (e.g., Battery, Theft), you do not qualify.
• Criminal History: Unlike most diversion programs that require a pristine record, you can have a prior criminal history and still participate.
• The “Frequency” Rule: You cannot have taken this specific program within the last six months.

How to Complete It

If we can get you into this program, the “punishment” is incredibly straightforward. You don’t have to pick up trash on the highway or pay monthly supervision fees for a year.

1. Watch a Video: Go to the State Attorney’s Office website and watch an educational video. It takes about 30 minutes.
2. Get the Certificate: Once the video is done, you print a completion certificate.
3. Case Dismissed: Your attorney presents that certificate to the prosecutor, and the case is dropped. Done.

John’s Takeaways

This is a massive opportunity for defendants in Central Florida. “Resisting Without Violence” is often a catch-all charge used when an officer is frustrated, and it can leave a permanent mark on your record.

• It’s Not Automatic: The State won’t always offer this to you automatically. Your attorney needs to know about the program and push for your entry.
• Priors Don’t Disqualify You: This is the biggest game-changer. Even if you have a past record, we can likely get you into this program if the current charge fits the criteria.
• Speed is Key: The sooner we present the certificate, the sooner the case goes away.

Don’t Fold Your Hand

Just because you were arrested doesn’t mean you have to take a conviction. The odds might actually be in your favor this time.

If you are facing a Resisting Without Violence charge in Orange or Osceola County, let’s get it dismissed.

Call me at (407) 423-1117. Let’s watch the video and clear your name.

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.