Criminal Defense
Since 1993
Since 1993
13 Years for Being 30 Minutes Late? The “Insane” Reality of VOP in Orlando
By: John Guidry
Here in Orlando, Violation of Probation (VOP) cases can have serious consequences. Duh. To make matters worse, some judges lack the intellect required to discern the nuances of Florida law, and instead, they simply believe everything a probation officer says. By doing so, these judges become a “rubber stamp” for probation officers and prosecutors. Why even bother becoming a judge if you’re just going to let the PO do your job for you?
CONFESSION: I’m not a big fan of Federal law, but the Feds have it right when it comes to probation violations. Federal law limits the punishment for VOP cases. The same constraints are not found under Florida law. Under Federal law, many technical violations carry just a few months in jail. But on a Florida state case? That same violation can send a citizen straight to prison for a decade or more.
Facing a Violation of Probation in Orlando? Whether it’s a missed curfew or a positive drug test, don’t let a rubber-stamp judge end your freedom. Call John Guidry today at (407) 423-1117.
The Legal Breakdown: What is a “Substantive” Violation?
To understand how the system fails, we have to look at the “war story” of Brown v. State, 86 So.3d 1225 (Fla. 2nd DCA 2012). Roscoe Brown was on probation for a lewd and lascivious charge. He had already completed five years in prison and was serving a five-year probationary term.
One night, the probation officer showed up at Brown’s home for a curfew check. He wasn’t there. As the PO was leaving, Brown pulled into the driveway—25 to 30 minutes late. Why? He was trying to find a job. In the “typical script” of an uncompassionate PO, Brown was immediately told a warrant would follow.
The 13-Year Sentence for 30 Minutes
Remember the rule: for a judge to revoke probation, the violation must be willful and substantial. Is being 30 minutes late to find work “substantial”? Brown’s judge thought so. He found Brown guilty and sentenced him to thirteen years in prison. 13 years! For being 30 minutes late.
The judge stated on the record: “[t]his Court considers all terms of probation serious and … curfew conditions extremely serious.” News flash: That is NOT Florida law. Florida law does NOT consider every tiny violation serious, and a judge is not permitted to have their own “personal rules” that ignore the requirement of substantiality.
The 2024 and 2025 “Abuse of Discretion” Standard
Fortunately, the appeals court overturned this “insane” sentence. In 2024 and 2025, Florida’s higher courts (including the Fifth DCA, which serves Orange, Seminole, and Volusia) continue to hammer home that a trial judge cannot apply a “per se” rule that revocation is automatic just because a violation is proven.
- Abuse of Discretion: The appellate court found the trial judge abused his discretion by making no findings on “willfulness” or “substantiality” other than his blanket assertion that curfews are serious.
- Prohibited Rules: Judges cannot invent a hierarchy of conditions where they decide a curfew is “extremely serious” while the law remains silent.
- Taxpayer Waste: It costs Florida taxpayers $20,000+ per year to house a prisoner. Sentencing a man to 13 years for 30 minutes of lateness is not just a legal failure; it’s a massive waste of resources that could go to teachers or infrastructure.
John’s Takeaways
- Not All Violations are Equal: For a VOP to hold up, the State must prove it was willful (you meant to do it) and substantial (it wasn’t just a minor mistake).
- The 30-Minute Rule: In 2025, we use cases like Brown to show that “de minimis” lateness (minor delays) should not result in prison time, especially when the defendant was engaged in a positive activity like job hunting.
- No “Rubber Stamps”: Your attorney must force the judge to actually listen to the facts, rather than just nodding along with the probation officer’s “blabbing.”
- Sentencing Points: Because VOP sentences allow a judge to impose the statutory maximum of the original crime, you are often facing the exact same danger you faced on day one of your case.
- Local Insight: Whether you’re in Osceola, Lake, or Brevard, every judge has a different temperament. Knowing which judges are “VOP Hawks” is half the battle.
The justice system is harsh, and it is a “sad but true” fact that some judges believe they are above the rules of substantiality. I’ve been defending Central Florida citizens against these “rubber stamp” VOP sentences since 1993. If your PO is trying to turn a small mistake into a decade in prison, it’s time to fight back.
Facing a VOP warrant? Call John at (407) 423-1117.
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.