“Just Crazy Talk”: When Does a Conversation Become a Criminal Conspiracy?

By: John Guidry

Ever say the wrong thing to someone and feel bad afterwards? Yes, you have. Sure, we have a First Amendment right to free speech, but hurting someone’s feelings is never a good idea.

But what about “crazy talk” among friends? I owned a commercial recording studio for over a decade. I engineered my fair share of rap albums where the lyrics involved criminal activity that would qualify for a RICO arrest.

• The Question: Is such talk legal? Can the government arrest you for what you say on a track or in a “B.S. session” with friends?
• The Danger: According to the laws of Conspiracy, speech involving criminal conduct can cross a line into a gray area where “talk” becomes a felony.

Did the State charge you with “Conspiracy” because they couldn’t catch you doing the crime?

Don’t let them convict you for talk. Call John today at (407) 423-1117.

The “Weak Case” Indicator

Here is a practice tip: How do you know the government has a weak case? The word “Conspiracy” immediately precedes a description of a crime for which they have very little proof.

• The Scenario: Police think you are dealing drugs. But they never catch you dealing. They never find drugs on you. They never find the money.
• The Pivot: They recorded a conversation where you talked about drug money. So, they decide to charge you with Conspiracy to Deliver instead.

My question is: Can they get a conviction based on talk and presence alone?

The Case: Bell v. State (The $5 Credit)

Let’s see this play out in Bell v. State, 111 So. 3d 199 (Fla. 4th DCA 2013).

• The Sting: Police arranged a “controlled buy” using an informant posing as a stripper. (Drugs, Cash, Strippers… the cops probably used rap lyrics to script this).
• The Buy: The “stripper” arrived to buy drugs from two brothers. Bell (the defendant) was present. In fact, the stripper handed the money to Bell.
• The Customer Service: The stripper overpaid by $5. Bell didn’t have change, so he agreed to give her a $5 credit for next time.

Bell was present for future deals in the parking lot, but never participated again. The Charge: He was convicted of Conspiracy to Deliver Cocaine.

The Ruling: Helping During is Not Planning Before

The Appeals Court overturned Bell’s conspiracy conviction. Why? Because Conspiracy requires Prior Planning.

“There was unquestionably evidence that the defendant assisted in the September 23rd drug sale… There was, however, no evidence that the defendant had any knowledge of the drug deal before the informants’ arrival.”

The Law: To prove Conspiracy, the State must prove two things:

1. An Agreement to commit the crime.
2. An Intention to commit the crime.

The Timeline Matters:

• Principal Theory: If you help during the crime, you are a Principal (an accomplice).
• Conspiracy: To be a conspirator, the agreement must happen before the crime begins. Because Bell just happened to be there and took the cash, but there was no proof he planned the deal with the brothers beforehand, he could not be guilty of Conspiracy.

See also Mickenberg v. State: A man put drug money in his friend’s safe after a deal. The court threw out the conspiracy charge because there was no evidence he helped set up the deal. Stashing cash after the fact is not a conspiracy to sell.

John’s 2026 Update: Rap Lyrics & RICO

Note: In 2013, Bell was saved by a lack of planning. In 2026, prosecutors are using your “art” and your “chats” to prove the plan.

1. Rap Lyrics as Evidence (The YSL Effect) Following high-profile RICO cases (like Young Thug/YSL), Florida prosecutors now routinely introduce Rap Lyrics and music videos as evidence of a “Conspiracy.”

• The Argument: They claim the lyrics aren’t art; they are “overt acts” in furtherance of the conspiracy or confessions of prior planning.
• The Defense: We file motions to exclude this as “Creative Expression” under the First Amendment, arguing that artistic bravado is not a criminal confession.

2. The “Group Chat” Conspiracy In 2026, conspiracies rarely happen in person; they happen on Telegram, Signal, or Instagram DMs.

• The Danger: If you are in a Group Chat where others are discussing crimes, and you respond with a “thumbs up” emoji or “Bet,” the State argues that is your Agreement.
• The Defense: We argue “Mere Presence” in a digital space. Just reading a message about a crime isn’t agreeing to commit it.

3. Conspiracy to “Defraud” We are seeing a massive rise in Conspiracy to Commit Fraud cases involving cryptocurrency and banking.

• The Trap: You let a friend use your CashApp account once. He uses it for fraud. The State charges you with Conspiracy.
• The Bell Defense: Just like Bell taking the cash, facilitating a transaction one time does not prove you were part of the master plan.

Don’t Let Them Twist Your Words

Conspiracy is the charge they use when they can’t prove the crime. If you were just hanging out, or just talking big, you shouldn’t be a convicted felon.

Call me at (407) 423-1117. Let’s silence the conspiracy.

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.