“She Didn’t Have Pockets”: How Being a Gentleman Can Get You Charged with Trafficking

By: John Guidry

Here in Orange and Seminole County, trafficking in hydrocodone cases are filling up our prisons with people who have no business being labeled criminals.

• The Reality: Your tax dollars are hard at work, locking up drug addicts with money that could be spent on books and teacher salaries.

The “6th Grade Science” Problem As you know, Florida is way behind the times on pill trafficking laws.

• Federal Law: Bases sentencing on the weight of the illegal substance inside the pill.
• Florida Law: Bases sentencing on the entire weight of the pill (fillers, Tylenol, and all).
• The Absurdity: Didn’t we learn how to correctly weigh something in 6th-grade science? Since when does the Federal government take the lead on money-saving, rational behavior?

Did you get arrested for holding someone else’s prescription?

You might have a valid defense. Call John today at (407) 423-1117.

The Case: Ayotte v. State (The Pocket Problem)

The First District Court of Appeal recently overturned a trafficking conviction in Ayotte v. State, 2011 WL 263163 (Fla. 1st DCA 2011). It went down like this:

• The Scene: Defendant Ayotte spent the evening with his girlfriend at a local bar. So far, so good.
• The Incident: An officer saw Ayotte show pills to another person and possibly exchange them. Not so good.
• The Arrest: Ayotte was found with a “Trafficking Amount” of pills in his pocket.
• The Defense: He testified that he was holding the pills for his girlfriend because her outfit didn’t have pockets.

The Verdict: Despite his explanation, the jury convicted him of Trafficking in Hydrocodone.

The Ruling: The “Agency” Defense

The Appeals Court overturned the conviction.

• The Error: The jury instructions did not include the most obvious defense of all—the Prescription Defense.
• The Logic: If the girlfriend had a valid prescription, and Ayotte was holding the pills for her (as her agent), then his possession was legal.

The Court ruled that the State failed “to refute Appellant’s role as his girlfriend’s agent.”

• The Takeaway: The prescription defense is alive and well. If you are acting as the “hands” for the person with the prescription, you are not a trafficker.

John’s 2026 Update: The Fentanyl “Hot Potato” & Text Messages

Note: In 2011, holding pills for a friend was risky. In 2026, it is Russian Roulette.

1. The Counterfeit Pill Trap In Ayotte, the pills were real Hydrocodone. In 2026, street pills are often pressed Fentanyl.

• The Danger: If you hold your girlfriend’s pills, and they turn out to be fake (Fentanyl), the “Agency Defense” collapses.
• Why? She has a prescription for Hydrocodone, not Fentanyl. You are now in possession of a Trafficking amount of Fentanyl, and there is no prescription to save you.

2. “Digital Agency” (The Text Message Defense) In 2026, we don’t just rely on your testimony about “no pockets.” We download the phones.

• The Evidence: We look for texts like: “Babe, can you hold my meds? My dress is too tight.”
• The Warning: Conversely, if the texts say, “Hold this so security doesn’t find it,” that proves you knew it was illicit, destroying the defense.

3. Trafficking Weights Are Still Brutal Florida has not fixed the “6th Grade Science” weighing problem.

• The Law: 14 grams of Hydrocodone (about 20 pills) still triggers a 3-Year Minimum Mandatory prison sentence.
• The Strategy: If you are caught with a bottle, we immediately count the pills. If the total weight is near the threshold, we hire independent experts to re-weigh them without the “dust” at the bottom of the bag, often dropping the charge from Trafficking to Simple Possession.

Don’t Be the Mule

Chivalry is not dead, but it can be a felony. If your date asks you to hold her pills, ask to see the bottle first. If it isn’t there, keep your hands in your own pockets.

Call me at (407) 423-1117. Let’s prove you were just the agent.

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.