Do You Have to Obey an Officer’s “Bossy” Command in Orlando?

By: John Guidry

Ever notice that some people just like being bossy? When those people happen to be police officers, the stakes are a lot higher than a disagreement at the office. Usually, it’s smarter to simply obey a command and fight it later, but what if that command isn’t actually lawful? Do you still have to obey, or does the officer’s badge give them a “blank check” to tell you what to do?

A case involving a juvenile who used some choice words with an officer gives us a very clear answer. The charge was Resisting an Officer Without Violence, which is essentially the catch-all crime for “failing to obey.” But in the trenches of a trial, we have to attack one central question: was the officer truly engaged in a lawful legal duty, or were they just being a bossy citizen in a uniform?

Charged with Resisting an Officer in Orlando? Not every command from a cop is a lawful one you’re required to obey. Call John Guidry at (407) 423-1117 to analyze the legality of your arrest.

A Real-World Example: The Case of the Kid in the Street

In the case of C.W. v. State, 76 So.3d 1093 (Fla. 3rd DCA 2011), we see how “blabbing” at an officer can lead to an arrest, but not necessarily a conviction. C.W. was a juvenile standing in the middle of a street.

• The Command: An officer told him to move out of the roadway.
• The Response: C.W. stayed put and uttered a few choice profanities.
• The Arrest: The officer arrested him for Resisting Without Violence, claiming C.W. failed to follow an order to get out of the street where “traffic was moving.”
• The Result: C.W. was convicted at first, but the appellate court eventually stepped in and overturned it.

The Legal Defense: “On Duty” vs. “Lawful Duty”

The court’s reasoning is the secret sauce for defending these cases in Orange, Seminole, and Osceola County. They made a distinction that many people (and many rookies on the force) don’t understand: there is a major difference between an officer being “on duty” and an officer “performing a lawful legal duty.”

The court ruled that while the officer’s request to move was a reasonable part of being a “community safety officer,” they didn’t have a legal duty to force that move with an arrest because there was no evidence C.W. was actually interfering with traffic. The potential to interfere isn’t a crime. Because the command wasn’t tied to an actual crime in progress, it wasn’t a “lawful duty,” and refusing to obey it—while maybe rude—was not a criminal offense.

It’s “sad but true” that even the judges didn’t agree; one judge dissented, believing traffic enforcement was enough. This shows how complex these “failure of proof” cases can be.

John’s Takeaways

• Proof of Duty: To win, the State must prove you obstructed an officer who was doing more than just “patrolling”—they must be performing a specific, lawful legal duty.
• Profanity is Not a Crime: Cursing at a police officer is usually a bad idea, but it’s protected speech. It doesn’t automatically turn an unlawful command into a lawful one.
• The “Reasonable” Trap: An officer’s request might be “reasonable,” but that doesn’t make it a “lawful command” that carries the threat of jail time if ignored.
• Interference Matters: In 2024 and 2025, Florida courts continue to look for actual obstruction. If you weren’t truly stopping them from doing their job, the charge shouldn’t stick.
• Regional Nuance: Every county from Lake to Volusia has different “Pretrial Diversion” or “Pretrial Intervention” programs for first-time resisting charges. We always explore those as a backup.

I have been defending clients against these “bossy” arrests in Central Florida since 1993. If you feel you were arrested just for bruising a cop’s ego or disobeying an unlawful command, you need a trial lawyer who knows the difference between a badge and a legal duty.

Facing these charges? Call John at (407) 423-1117.

If you’re looking for more information, check out my article “Fighting a Resisting an Officer Without Violence Charge in Orlando” or watch my video: “Resisting Without Violence? Fighting a Resisting Charge.”

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.