“Guilt by Association”: Why Hanging Out With a Drug Dealer Isn’t (Technically) a Conspiracy

By: John Guidry

Conspiracy theories are everywhere, especially here in Orlando. But it’s not just the tinfoil hat crowd that subscribes to them—law enforcement officers are just as bad, probably worse.

• The Truth: It is not a crime to hang out with a drug dealer. It is not a crime to have friends who commit crimes (if that were the case, all of Wall Street would be in prison).
• The Problem: Law enforcement views everything through “Conspiracy Colored Glasses.” If you are in the car, they assume you are in on the deal.

The Case: Dieujuste v. State (The Rent Money Defense) In Dieujuste v. State, 86 So. 3d 1209 (Fla. 4th DCA 2012), Betsy Dieujuste was convicted of Conspiracy to Traffic in Oxycodone.

• The Scene: Police set up an undercover buy for 50 Oxycodone pills. Betsy was sitting in the back seat of the car during the deal.
• The Evidence: After the deal, Betsy moved to the front seat and drove away. When stopped, police found $400 in marked bills (from the drug deal) in her purse. She also had her own valid prescription bottle of Oxycodone.
• Her Story: She told police the money was for rent. Her boyfriend owed her money, didn’t have it, and told her to collect it from his “friend” (the drug dealer).

Were you arrested just because you were in the car with the wrong person?

Presence is not proof. Call John today at (407) 423-1117.

The Ruling: “Crappy Conspiracy” vs. Real Conspiracy

Conspiracy is a tough thing to prove. It requires an Agreement between two or more people to commit a crime.

• The State’s Argument: She was there, she drove the car, and she ended up with the drug money. Guilty!
• The Appellate Court: Reversed.

The Court distinguished between two types of cases:

1. Solid Conspiracy: The defendant is involved in meetings, negotiations, and planning. (Guilty).
2. “Crappy Conspiracy” (Mere Presence): The defendant is merely present at the scene, has knowledge of the crime, or even aids others (by driving). Without proof of an agreement to traffic, this is inadequate to sustain a conviction.

The Result: The State failed to prove Betsy agreed to help sell drugs. She was just collecting money owed to her. As the Court noted, there is nothing illegal about collecting a debt, even if the debtor is a drug dealer.

John’s 2026 Update: RICO & The Digital Money Trail

Note: In 2012, Betsy had cash in her purse. In 2026, she would have a Zelle notification.

1. The “Uber Driver” Defense In 2026, many conspiracy cases involve “drivers” who claim they were just giving a ride (or acting as an Uber/Lyft).

• The Defense: We use the Dieujuste logic. Proving you drove the car is not enough. The State must prove you knew the specific intent of the trip. If the passenger was dealing Fentanyl without telling you, you are just a driver, not a co-conspirator.

2. CashApp/Zelle is Better Than Cash In Dieujuste, the marked bills looked suspicious.

• The 2026 Advantage: If Betsy had used Zelle, there might have been a memo line: “Rent Money” or “Repayment.” Digital transactions create a paper trail that can corroborate your defense. If the money transfer happened after the drug deal, we argue it was just a debt payment, not a split of drug profits.

3. From Conspiracy to RICO Because simple Conspiracy charges are hard to stick (thanks to cases like Dieujuste), prosecutors now use RICO (Racketeer Influenced and Corrupt Organizations) laws.

• The Danger: They argue that your “friend group” is actually a “Criminal Enterprise.” Under RICO, they don’t need to prove you agreed to the specific drug deal; they just need to prove you were “associated” with the enterprise and committed two predicate acts (like driving the car twice). It is a much wider net designed to catch girlfriends, roommates, and drivers.

Don’t Let Them Connect the Dots

The State loves to draw lines between people and call it a conspiracy. We erase those lines. “Guilt by Association” is un-American, and in Florida, it is (mostly) illegal.

Call me at (407) 423-1117. Let’s break the link.

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.