“Bam, That Fast”: The Danger of the Quick Plea in a Probation Violation

By: John Guidry

Way back in the day, I had the pleasure of practicing law before the Honorable Judge Richard Conrad in Orange County. This was in the early nineties, in my days at Joe DuRocher’s Public Defender’s office. An assignment to Conrad was not an easy one, but everyone who truly knew Judge Conrad loved him. Myself included.

The Conrad Plea: A plea in front of Judge Conrad was so fast, you might miss it if you turned away for a second. Basically, it went something like this:

“Sir, is this your signature on this plea form? Did you read it and understand it? Good, your sentence is XYZ. Next case…”

Bam, that fast. He could do 20 pleas in 15 minutes, no kidding. We were done with court by 10:45 AM every day. There was a certain synergy in that speed—it got prosecutors and defense attorneys back to their desks to actually work on cases rather than waiting around. Yeah, the good old days.

The Problem: While speed is great for a lawyer’s schedule, it can be a disaster for a defendant’s Due Process rights. Today, we are going to discuss what can happen on a “quick plea” regarding a Violation of Probation (VOP).

Did you admit to a violation without a lawyer present?

You may have waived rights you didn’t know you had. Call John today at (407) 423-1117.

The Case: Speckhardt v. State (The Unwritten Violation)

In the case of Speckhardt v. State, 110 So. 3d 85 (Fla. 2d DCA 2013), the defendant learned the hard way that procedural details matter.

• The Background: Speckhardt pled to two years of probation for Burglary and Grand Theft.
• The New Arrest: Just after the halfway point, he was arrested for Possession of Marijuana.
  • Practice Tip: I don’t understand why he didn’t apply for Early Termination of Probation once the halfway point was reached. If he had, he wouldn’t be on probation when the weed charge happened! This is why we file those motions immediately.

The “Quick Plea”: Speckhardt was in jail on the new charge. He was called into the courtroom without a lawyer.

• The Offer: The State offered 2 years of Community Control (House Arrest).
• The Response: Speckhardt said, “I’ll take it.”
• The Colloquy: The Judge asked if he was okay accepting the offer without an attorney. He said yes. Done deal, right? Wrong.

Why the VOP Conviction Was Overturned

The Appeals Court overturned the sentence for two critical reasons.

1. No Written Affidavit (The “On-Site” Problem) The first reason the sentence died was that the violation was never reduced to writing by a Probation Officer.

• The Law: Every probationer has a right to written notice of the violation.
• The Error: The arresting officer filed an “on-site” violation, but the actual Probation Officer hadn’t filed the formal Affidavit of Violation yet. You cannot plead guilty to a document that doesn’t exist.

2. The Right to Counsel (The Waiver Problem) The second reason is even more important.

• The Law: You have a right to an attorney at a VOP hearing.
• The Error: The Judge asked Speckhardt if he was “comfortable” proceeding without a lawyer. That is not the same as informing him that he has a right to a lawyer.
• The Ruling: Because the Judge failed to explicitly tell him “You have the right to counsel,” his waiver was not “knowing and intelligent.”

“Without a knowing and intelligent waiver of the right to counsel, the trial court erred by accepting Speckhardt’s admission.”

John’s 2026 Update: Zoom Pleas & “Electronic” Warrants

Note: In 2013, Speckhardt stood in a courtroom. In 2026, most initial VOP pleas happen on a tablet in the jail.

1. The “Zoom Plea” Trap In 2026, the “Conrad Speed” has been replaced by “Zoom Speed.”

• The Danger: Judges often conduct VOP arraignments via video conference. It is very easy for a defendant to get confused by the audio lag or the impersonal nature of the screen and just say “Yes” to get it over with.
• The Defense: We argue that Speckhardt applies even more strictly to remote hearings. If the Judge didn’t clearly explain your right to counsel and ensure you understood it despite the tech limitations, the plea is invalid.

2. Electronic Affidavits (The “On-Site” Loophole Closed) In the Speckhardt days, it took time for a PO to type up an affidavit and drive it to the Clerk.

• The 2026 Reality: Probation Officers now file E-Warrants from their laptops instantly. The “No Written Affidavit” defense is harder to use today because the paperwork is often filed minutes after the arrest.

3. Strategic Appeals Why did Speckhardt fight the plea if he was just going to face the violation anyway?

• The Strategy: I suspect he violated his House Arrest later. By overturning the original VOP plea, he wipes out the House Arrest sentence entirely, making the new violation disappear. It’s a chess move.

Don’t Rush to Plead

Speed is great for traffic, but terrible for justice. If you are facing a VOP, do not just say “I’ll take it” to get out of jail. You might be agreeing to a sentence that is illegal or based on paperwork that doesn’t exist.

Call me at (407) 423-1117. Let’s slow things down and check the affidavit.

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.