“Early DOC Entry Program”: Why an Arrest Report is Not Enough to Violate Your Probation

By: John Guidry

Violations of probation (VOP) can be difficult to prove, especially when they are based on a new arrest.

• The Myth: An arrest is enough to send you to prison.
• The Reality: An arrest is certainly enough to get a Judge to sign a No Bond Warrant, but the State must present more evidence than just a police report to sustain a conviction.

The “Impossible” Sentence We all know that the Pope himself cannot successfully complete 15 years of probation. Some judges are well aware of this statistical fact. One Orange County judge affectionately refers to probation as an “Early DOC Entry Program.”

• The Trap: It is designed for defendants who aren’t willing to take prison up front. So, the system gives them enough rope to hang themselves later.

Did your PO violate you just because you got arrested?

An arrest is not a conviction. Call John today at (407) 423-1117.

The Case: Prater v. State (The Lazy Prosecution)

Let’s take a look at Prater v. State, 2014 WL 2968842 (Fla. 5th DCA 2014).

• The Background: Prater was on 15 years of probation (yes, I said 15) for Aggravated Battery.
• The Violation: He was arrested for a new crime: Driving While License Suspended (DWLS).

The Hearing: The Prosecutor got lazy.

• The Evidence: They introduced the traffic citation (ticket) and had the Probation Officer testify.
• The Confession: The PO testified that Prater admitted he had “contact with law enforcement.”
• The Defense: Prater asserted his Fifth Amendment right to remain silent regarding the driving.

The Result: The Judge revoked his probation. Prater went to prison.

The Ruling: You Must Prove the Crime, Not Just the Arrest

The Appeals Court reversed the violation. Why? Because the State failed to prove the elements of the new crime. To prove DWLS, the State must prove three things (Faircloth v. State):

1. Suspension: The license was actually suspended.
2. Knowledge: The driver knew it was suspended.
3. Driving: The defendant was actually driving.

The Failure:

• No Record: The State failed to introduce a certified driving record. (Strike 1).
• No Knowledge: Without the record showing notice was sent, they couldn’t prove he knew. (Strike 2).
• No Driver: The citation is Hearsay. Without the police officer there to testify “I saw him driving,” the ticket proves nothing. (Strike 3).

The Lesson: This case is a fine lesson on how difficult it can be to prove a new crime with only a police report and a probation officer. It can’t be done.

John’s 2026 Update: The “Digital” VOP Hearing

Note: In 2014, the State failed because they didn’t bring the paper records. In 2026, the records are digital.

1. Real-Time DHSMV Access In Prater, the prosecutor forgot to bring the certified driving record.

• The 2026 Reality: Most courtrooms now have direct digital access to the DHSMV database. The prosecutor simply plugs their tablet into the court’s display and shows the Judge the “Active Suspension” status in real-time. The “Certified Copy” delay is gone.

2. The ALPR “Witness” In Prater, the State couldn’t prove he was driving because the cop didn’t show up.

• The 2026 Witness: Today, they don’t need the cop. They use Automatic License Plate Reader (ALPR) photos.
• The Evidence: They show a high-res photo of your car and your face driving through an intersection at 10:02 AM. This is admissible, non-hearsay evidence that proves “Actual Driving” without a single human witness.

3. “MyDMV” Notifications Proves Knowledge Proving you knew your license was suspended used to be hard.

• The 2026 Trap: Most drivers now sign up for email or text alerts via the MyDMV Portal.
• The Proof: The State subpoenas the logs and shows the Judge: “Defendant opened the ‘License Suspended’ email on Tuesday at 4:00 PM.” That proves Knowledge instantly.

Make Them Do the Work

Even with all this technology, prosecutors are still lazy. They still try to skate by with just a hearsay police report. We force them to bring the witness, bring the logs, and prove every element.

Call me at (407) 423-1117. Let’s demand the proof.

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.