“Cash Was King”: Why Having Money in Your Pocket Can Hurt Your Drug Case

By: John Guidry

Remember the days when “cash was king?” Those days are over. Cash is getting a nasty reputation, and Big Brother is somewhere in Washington D.C. smiling at it all. The Problem: Orlando cops make a big deal out of the amount of cash a defendant is carrying during an arrest for Possession of Cocaine or Marijuana.

• The Implication: They argue that the more cash you are carrying, the more likely you are a drug dealer.
• The Charge: Large amounts of cash often trigger a “Possession with Intent to Sell” charge.

But what if you are only charged with Simple Possession? Is the cash relevant then? Or is it just a dirty trick to make you look bad to the jury?

Did the prosecutor tell the jury about the money in your pocket to make you look like a dealer?

That evidence might be inadmissible. Call John today at (407) 423-1117.

The Case: Buitrago v. State (The $800 Problem)

This issue was raised in Buitrago v. State, 950 So. 2d 531 (Fla. 4th DCA).

• The Facts: Buitrago was charged with Simple Possession of Cocaine.
• The Evidence: During the trial, the State introduced evidence that she had $400 cash in her left pocket and $400 cash in her right pocket.
• The Dirty Trick: The officer testified that the cocaine found in her car had a street value of exactly $400.
• The Argument: In closing, the prosecutor argued that the money matched the drugs, implying she “didn’t have a chance to finish” her drug deal.

The Objection: Her lawyer argued that since she wasn’t charged with selling drugs, the money was irrelevant and only served to prejudice the jury by painting her as a dealer. The trial judge overruled him.

The Ruling: Cash is Irrelevant for Users

After 17+ years of Orlando criminal defense, I am happy to report that there are reasonable judges out there. The 4th DCA overturned her conviction.

• The Logic: Introducing the cash evidence “suggests that Buitrago was participating in a drug deal with which [she] was not charged.”
• The Rule: If the State charges you with Possession, they cannot sneak in evidence of Dealing just to make you look guilty.

The “Cash Poor” Reality: The Court cited another great case, Ferguson v. State, 697 So. 2d 979 (Fla. 4th DCA 1997), which destroyed the police myth that cash equals crime:

“The inference that a possessor of drugs would carry a large amount of cash is not necessarily accurate; many users are chronically cash poor, since so much of their income goes for drugs.”

I couldn’t have said it better myself.

John’s 2026 Update: Civil Forfeiture & Digital “Cash”

Note: In 2007, Buitrago got her conviction overturned. In 2026, she might lose the money anyway.

1. The Civil Asset Forfeiture Trap Even if the court rules the cash is irrelevant to the criminal case (like in Buitrago), the police will still try to keep it.

• The Law: Florida’s Contraband Forfeiture Act allows police to seize money they believe is a “nexus” to criminal activity.
• The 2026 Reality: This is a separate civil lawsuit. We often win the criminal case (finding you Not Guilty of possession), but you still have to fight a second battle to get your $800 back from the Sheriff.

2. CashApp & Zelle are the New “Wad of Bills” Police know fewer people carry cash.

• The Tactic: Now, they seize your phone and look at your CashApp or Venmo history.
• The Argument: If they see incoming transactions like “$50 for pizza” repeated ten times a night, they argue this is “Digital Cash” proving intent to sell. We use the Buitrago argument here too: unless they charge you with dealing, your Venmo history is irrelevant to simple possession.

3. “Possession with Intent” Escalation Because of cases like Buitrago, prosecutors rarely charge “Simple Possession” if there is cash involved anymore.

• The Shift: To make the cash admissible, they almost always upgrade the charge to Possession with Intent to Sell/Deliver. This raises the stakes from a Third Degree Felony (5 years) to a Second Degree Felony (15 years), just to get the money into evidence.

Don’t Let Them Inflate the Case

If you are a user, you are not a dealer. Carrying rent money in your pocket doesn’t change that. We fight to keep the cash out of evidence and keep the charges where they belong.

Call me at (407) 423-1117. Let’s suppress the money.

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.