Under the Bridge and Out of Money: Can You Be Arrested for Being Too Poor to Register?

By: John Guidry

Forgive me for stating the obvious, but a criminal record will hurt your employment opportunities. While a theft charge puts a dent in things, being a sex offender absolutely crushes any hope of ever being employed again. Period.

• The Reality: No washing dishes. No flipping burgers. No rolling burritos.
• The Consequence: This often translates into a life of living under bridges and having zero money.

The Catch-22: To add insult to injury, when a sex offender moves from sleeping under one bridge to sleeping under another, the government demands they pay a fee.

• Step 1 (The Sheriff): You must report to the Sheriff within 48 hours. They take your picture and fingerprints. (This is usually free).
• Step 2 (The DMV): You must also report to the DMV within 48 hours to update your driver’s license or ID card.
• The Trap: The DMV charges $25–$35 for every update. If you have no job and no home, you have no money. If you don’t pay, you are arrested for Failure to Register (3rd Degree Felony).

Are you facing a felony because you couldn’t afford a DMV fee?

Poverty is a defense. Call John today at (407) 423-1117.

The Case: Eveland v. State (The Indigent Defense)

In Eveland v. State, 39 F.L.W. D1383 (Fla. 2d DCA 2014), a sex offender finally challenged this ridiculous scheme.

• The Facts: Eveland was homeless. He ate at Metropolitan Ministries and slept at Good Samaritan. He registered with the Sheriff but didn’t update his ID because he didn’t have the $35.
• The Arrest: He was charged with a Felony for missing the 48-hour DMV window.
• The Trial Judge’s Cruelty: The judge denied his motion to dismiss, arguing Eveland was “able-bodied” and should have found day labor work to pay the fee.

The Ruling: You Can’t Squeeze Blood From a Stone The Appellate Court reversed the conviction.

• The Logic: The State failed to prove that Eveland had the ability to pay during the relevant 48-hour period.
• The Precedent: You cannot be convicted of “willfully” failing to do something that was financially impossible. The fact that he could have worked or eventually got money from his dad didn’t matter—he was broke during the 48 hours the law required him to act.

The Tyler Warning: Proof Required

The prosecution in Eveland tried to use a different case, Tyler v. State, to keep the conviction.

• The Difference: In Tyler, the defendant claimed he was broke but offered no proof other than having a Public Defender. The court rejected his defense.
• The Lesson: To use the Eveland defense, you must prove your poverty. Eveland testified about specific charities he relied on for food and shelter. You can’t just say “I’m broke”; you have to show it.

John’s 2026 Update: The Passport & The “Transient” Trap

Note: In 2014, the fight was over a $35 ID card. In 2026, the financial barriers are even higher.

1. The “International Megan’s Law” Passport Federal law now requires sex offenders to have a unique identifier on their passports.

• The Cost: If you need to travel (or even just have a passport for ID), you must pay the full passport fee plus valid ID costs. Failure to turn in your old passport is a federal crime. We use the Eveland logic to defend against these federal charges when the client is indigent.

2. The “Transient” Loophole is Closing Many offenders register as “Transient” (homeless) to avoid the hassle of updating an address every time they move 100 feet.

• The 2026 Trap: Florida law now requires transients to report to the Sheriff every 30 days. While the Sheriff visit is free, if you do stay at a friend’s house for 3-5 days, you legally “resided” there and must update your ID ($25).
• The Defense: We argue that staying on a couch for 3 days does not constitute a “Permanent Residence” change requiring a DMV fee, distinguishing “Temporary Lodging” from “Residence.”

3. Digital Wallets Won’t Save You Florida now offers Digital IDs on smartphones.

• The Law: The sex offender statute specifically requires you to obtain a replacement license/card. Simply updating the app isn’t enough; you must physically go to the DMV and pay for the new plastic card with the “Sexual Offender” designation in bold.

Being Poor is Not a Crime (Yet)

If you are trying to comply but simply lack the funds, do not just skip the appointment. Go to the DMV, document that you were turned away for lack of funds, and keep that receipt. It is your Get Out of Jail Free card.

Call me at (407) 423-1117. Let’s document your defense.

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.