“Shoot First, Ask Questions Later”: Why Police Arrest You for Your Own Medicine

By: John Guidry

When it comes to prescription pill arrests, there seems to be little to no investigation conducted by police. I know that’s shocking to you, but somebody has to tell it like it is. Do the police conduct an Interrogation? You bet. “Interrogation” is the new substitute for “investigation.”

Basically, if you are caught with prescription meds—without the orange pill bottle—you are probably going to jail.

• The Reality: I know of numerous cases where the citizen had a valid prescription, but the police never bothered to call the pharmacy to uncover the truth.
• The Law: There is no law requiring you to throw out pills after a certain date. And there is no law requiring you to carry them in the original bottle (though it certainly helps).

Did you get arrested for possessing your own medication?

A valid prescription is a total defense. Call John today at (407) 423-1117.

The Tool: The (c)4 Motion to Dismiss

When someone hires me for a pill case (Oxycodone, Xanax, Adderall, etc.), the first question is: Do you have a prescription? If the answer is “Yes,” we can often file a (c)4 Motion to Dismiss.

• What it does: This motion tells the Judge, “The facts are undisputed. I have a prescription. Therefore, no crime occurred.”
• The Catch: The State can block this motion by filing a “Traverse.” A Traverse basically says, “We disagree with the facts.” If they file a valid Traverse, the Judge must deny the motion and send the case to a jury.

But what happens when the Prosecutor gets lazy and files a “Traverse” that doesn’t actually dispute anything?

The Case: Dixon v. State (The “Lazy Prosecutor” Defense)

In Dixon v. State, 112 So. 3d 721 (Fla. 2d DCA 2013), the defendant was caught with Xanax and Adderall.

• The Defense: She filed a Motion to Dismiss with a pharmacy printout proving she had a prescription for the Xanax.
• The State’s Response: The prosecutor filed a Traverse claiming the printout was “unverified” and that they couldn’t locate the doctor. Essentially, they whined that they couldn’t personally verify it, so the motion should be denied.

The Ruling: The Appeals Court threw out the conviction.

• The Logic: A Traverse must dispute the facts with evidence (e.g., “This prescription is a forgery”).
• The Failure: The State’s inability to find the doctor is not evidence of a crime.“The traverse offered no facts to counter Ms. Dixon’s factual assertions… It presented no evidence that the prescription was invalid or a forgery.”

Because the State admitted they had no proof the prescription was fake, the “Prescription Defense” stood tall, and the case was dismissed.

John’s 2026 Update: E-FORCSE & The Fentanyl Trap

Note: In 2013, police claimed it was “hard” to verify a prescription. In 2026, they have an app for that.

1. The E-FORCSE Database (No More Excuses) In 2026, Florida’s Prescription Drug Monitoring Program (E-FORCSE) is fully integrated.

• The Change: Police can now verify your prescription history almost instantly through the database during an active investigation.
• The Defense: The excuse “we couldn’t find the doctor” is laughable today. If they arrest you for a valid prescription in 2026, it is arguably False Arrest because the truth was one click away.

2. The “Counterfeit Pill” Danger The biggest risk in 2026 isn’t the police missing your prescription; it’s the pills themselves.

• The Scenario: You have a prescription for Xanax. You run out, so you borrow one from a friend. It looks identical to yours.
• The Trap: That “borrowed” pill is a pressed Fentanyl fake.
• The Outcome: Your prescription for Xanax does not cover Fentanyl. You will be charged with Trafficking in Fentanyl (mandatory prison), and your valid Xanax script will be useless as a defense.

3. Digital Prescriptions Most pharmacies now use digital records.

• Advice: Keep the Pharmacy App on your phone. If you are stopped without the bottle, showing the officer the active “Current Rx” screen on your Walgreens/CVS app is the fastest way to prevent the ride to jail.

Don’t Let Laziness Ruin Your Record

The police have a duty to investigate, but they prefer to incarcerate. If they ignored your valid prescription, we will make them answer for it in court.

Call me at (407) 423-1117. Let’s file the Motion to Dismiss.

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.