“I’m Screwed”: Why a New Arrest Does Not Automatically Violate Your Probation

By: John Guidry

Being on probation in Orlando is like having a dark cloud follow you wherever you go.

• The Theory: I haven’t seen this cloud personally, but after 19 years of defending VOP cases, it seems that citizens on probation attract more trouble than those who are not.
• The Statistic: You math folks can explain it away as a “foregone conclusion,” but I prefer my touchy-feely conclusion: The cloud is real.

The Common Reaction: When a probationer gets re-arrested, the first thing they say is: “I’m screwed. I’m on probation and I’ve been re-arrested.” Not so fast, Mr. Negativity.

• The Truth: A new arrest leads to a warrant, yes. But it does not mean the government has enough evidence to find you guilty.
• The Law: The State must prove you violated the law, not just that you were arrested. If they only prove you were handcuffed, you win.

Did your PO violate you for a rule the Judge never mentioned?

Don’t let them invent conditions. Call John today at (407) 423-1117.

The Case: Person v. State (The Power of the Transcript)

The case is Person v. State, 83 So. 3d 940 (Fla. 3d DCA 2012). Person was sentenced to 30 years in prison for violating probation. But the Appeals Court overturned the major violations because the Probation Officer (PO) tried to enforce rules that didn’t exist.

1. The “New Arrest” Trap

• The Allegation: Person was arrested for Aggravated Battery.
• The Evidence: The State showed he was arrested based on probable cause.
• The Ruling: Overturned.“A mere arrest is obviously insufficient to establish a violation.” The State must put on a mini-trial and prove the battery actually happened. Proof of arrest is not proof of guilt.

2. The “Made-Up” Rehab

• The Allegation: The PO violated Person for failing to get a Substance Abuse Evaluation.
• The Reality: The PO wanted him to get one, but the Judge never ordered it.
• The Ruling: Overturned. The PO cannot add conditions that the Judge did not orally pronounce at sentencing.

3. The “Job Search Log”

• The Allegation: Person failed to maintain employment. The PO violated him for not submitting “Job Search Logs.”
• The Reality: In this economy, it is hard for felons to find work. More importantly, the Judge never ordered him to keep a “log.”
• The Ruling: Overturned. Because there was no court order requiring logs, he could not be violated for failing to write them.

John’s 2026 Update: The “App” vs. The Judge

Note: In 2012, POs made up rules verbally. In 2026, the Probation App makes them up digitally.

1. The “Smart Probation” App Trap In 2026, most probationers report via a smartphone app.

• The Glitch: The App often has default settings that demand things like “Upload Weekly Job Search” or “Complete Daily Check-in.”
• The Defense: Just like in Person, if the Sentencing Judge didn’t order you to use the App or keep a log, the App’s requirements are unenforceable. We argue that the App is adding “Ghost Conditions” that violate your due process.

2. Automated Warrant Generation In Person, the PO filed the warrant manually.

• The 2026 Reality: If you are booked into any jail in Florida, the Court System AI often auto-generates a VOP warrant within minutes.
• The Danger: This happens before a human reviews the evidence. It reinforces the “Arrest = Violation” myth. We have to move quickly to show the Judge that the “Robot” jumped the gun and that the State lacks actual evidence of the new crime.

3. The “Gig Economy” Defense Probation officers still love to violate people for “Failure to Maintain Employment.”

• The Conflict: They often refuse to accept DoorDash, Uber, or OnlyFans as “real jobs.”
• The Argument: We use Person to argue that unless the Judge specifically prohibited “Gig Work,” earning honest money via an app satisfies the employment condition, regardless of what the old-school PO thinks.

Listen to the Judge, Not the PO

The only person who can send you to prison is the Judge. The only rules you have to follow are the ones the Judge stated. If your PO (or their App) is making up new rules, we need to pull the transcript.

Call me at (407) 423-1117. Let’s hold them to the order.

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.