“A Deal’s a Deal”: Why the Days of Endless Probation Are Finally Over

By: John Guidry

Everything seems to be a crime these days. And everything seems to be so serious. When I started defending criminal cases back in 1993, several crimes that were misdemeanors are now felonies. Some stuff that is a serious felony today wasn’t even a crime when I was growing up.

The “Photo Texting” Example: If my friends and I were armed with photo texting abilities back in 1983, I’m pretty sure some of us would have committed a felony or two exchanging pictures with our girlfriends.

• Should 16-year-olds be doing this? Of course not.
• Should they be labeled sex offenders for the rest of their lives for having raging hormones? Of course not.

Harvey Silverglate wrote a book called “Three Felonies A Day” about how each of us likely commits a crime daily without knowing it. Fortunately, we are finally seeing a shift away from punishment and toward Public Safety.

Has your probation officer been “too busy” to file your paperwork?

Don’t wait. Call John today at (407) 423-1117.

The Problem: “The Devil Makes Use of Idle Hands”

If you want the public to be safer, it is a good idea to have them employable and working.

• The Reality: Have you ever tried to find a job while on probation? It’s not easy.
• The Solution: The best way to get folks back to work supporting their families is to (a) get them off probation and (b) seal their criminal history.

The “Deal’s a Deal” Judge: Having an early termination motion granted used to be a battle. We had judges in Orange County (like the late Judge Conrad) who would deny these motions regularly.

• His Logic: “A Deal’s a Deal. You agreed to 4 years probation. You wouldn’t buy a new car on a 4-year loan and stop paying two years in, would you? I’m going to hold you to it.”

The Fix: Mandatory Early Termination (F.S. 948.04)

Gone are the days of begging a judge to terminate early. A substantial modification to Florida Statute 948.04 (effective October 1, 2019) changed the game. The New Rule: The Judge MUST either grant early termination or convert the supervision to administrative (non-reporting) probation if you meet the criteria.

The Checklist (Do You Qualify?): To force the Judge’s hand, you must prove:

1. 50% Complete: You have completed at least half of the probation term.
2. Conditions Done: You have completed all classes, community service, and treatment.
3. No Violations: You have never been found in violation (no VOPs).
4. No Exclusion: Your plea agreement didn’t specifically say “No Early Termination.”

If you meet these four criteria, the Judge should let you go.

The Loophole: “The Interests of Justice”

Even though the law forces the judge to act, the Legislature wrote in an escape valve. F.S. 948.04(5): A judge can deny the request if they make a written finding that “continued reporting probation is necessary to protect the community or the interests of justice.”

• My Take: This is the judge’s “I don’t want to” button. If they don’t like you or your crime, they can hide behind the “interests of justice.”

John’s 2026 Update: The “Violent Offender” Trap

Note: In 2019, we thought this law would empty the probation offices. In 2026, it helps, but only if you fight for it.

1. The “Violent Felony Offender” Exception In 2026, prosecutors are aggressive about labeling defendants as “Violent Felony Offenders of Special Concern” (VFOSC).

• The Trap: If you fall into this category (even for certain non-violent offenses deemed “dangerous”), Section 948.04(4)(e) specifically disqualifies you from mandatory early termination.
• The Strategy: We must litigate this before you plead. If we can avoid the VFOSC designation at sentencing, we pave the way for early termination later.

2. Don’t Wait for the PO The law says the motion can be filed by the Probation Officer OR the Probationer.

• The Reality: Probation officers are overworked. If you wait for them to file your motion, you might be waiting 6 months. We file the motion the day you hit the halfway mark.
• 2026 Tech: Many counties now have “Auto-Term” portals, but they often glitch or miss eligible people. Don’t trust the computer to give you your freedom.

3. “Administrative Probation” is a Win Sometimes the Judge refuses to terminate fully but agrees to Administrative Probation.

• What is it? You are still technically on probation, but you don’t report, don’t pay the supervision fee, and can usually travel. It’s almost as good as freedom.

Get Back to Work

You agreed to probation, not to indefinite servitude. If you have done your time and paid your dues, the law says you deserve to move on.

Call me at (407) 423-1117. Let’s file the motion.

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.