Criminal Defense
Since 1993
Since 1993
“Guilty By Marriage”: Why Driving the Getaway Car Isn’t Always a Crime
By: John Guidry
When I was a kid, my mom had a list of neighborhood kids she didn’t want me hanging around. For the most part, her intuitions were correct. My childhood is now void of any shenanigans involving “the wrong crowd.” Sad, really. But the good news is, I found a way to be bad within the good crowd (a story for another day).
I have represented zillions of clients whose arrest involved something “wrong”—the wrong crowd, the wrong place, the wrong time. The “Principal” Problem: Often, the State tries to charge you just for being near the crime. They call this being a “Principal.” In my experience, when you see the word “Principal” on an arrest report, your BS detector should be on high alert. It usually means the State has no real evidence against you, so they are trying to stick you with someone else’s crime.
Did the police charge you because your spouse or friend committed a crime?
Association is not Guilt. Call John today at (407) 423-1117.
The Case: Javellana v. State (The American Greed Episode)
Our case for today begins like an episode of American Greed.
- The Victim: A very wealthy, elderly woman with limited mental capacity.
- The Villains: A married couple (The Javellanas) who “assisted” her with legal affairs.
- The Crime: The wife manipulated the will so the couple became the beneficiaries of the vast estate.
The Twist: The wife was clearly the mastermind. But the State charged the husband too. Mr. Javellana went to trial and lost. He appealed, arguing that just because he was married to the crook doesn’t mean he was a “Principal” to the crime.
The “Principal” Theory (Conscious Intent)
To convict you as a Principal, the State must prove you had a “Conscious Intent” that the crime be done. Real life doesn’t involve 007 villains spelling out their devious plans in a monologue. So, how do they prove intent? In this case, the State’s “evidence” against the husband was weak:
- He had a long relationship with the victim.
- He drove the victim to the attorney’s office (where the wife changed the will).
- He waited until the victim had dementia to act.
The Question: Does driving your wife to a lawyer make you a criminal if she commits fraud inside? Is the husband of a crook automatically guilty? (Ruth Madoff wasn’t charged with Bernie’s crimes, after all).
The Ruling: No Knowledge = No Crime
The Appellate Court wasn’t buying it. They overturned Mr. Javellana’s conviction.
- The Reasoning: The State pointed to NO evidence that the husband knew the will was being changed to benefit him.
- The Gap: There was no evidence he ever spoke to his wife about the estate. There was no text message, no recording, no witness.
- The Verdict: Just driving the car isn’t enough. Without proof that he knew why they were going to the lawyer, he lacked “Conscious Intent.”
“There was simply no evidence that the defendant knew anything about the estate or of any plan by his wife to exploit the rich lady.”
John’s 2026 Update: The “Shared iCloud” Trap
Note: In 2015, Mr. Javellana won because there were no texts. In 2026, the evidence is in the Cloud.
1. The “Digital Principal” Doctrine In 2026, prosecutors don’t need a confession to prove you knew about the crime. They use Shared Family Accounts.
- The Trap: If you and your spouse share an iCloud, Google Drive, or Amazon Family account, the State argues that you had “Constructive Knowledge” of any documents saved there.
- The Defense: We have to hire forensic experts to prove you never opened that specific file, even if it was on your shared iPad.
2. Venmo & Financial Complicity If the wife steals money and Zelles it to a joint bank account, the husband is now often charged with Money Laundering.
- The Shift: The law has become stricter on “Willful Blindness.” If you spend money that appears magically in your account, the State presumes you knew it was dirty.
3. “Elder Exploitation” Enhancements Florida has aggressively cracked down on crimes against the elderly.
- The 2026 Law: Mandatory Reporting laws now apply to more people. If you are a caregiver (even an informal one) and you suspect fraud but say nothing, you can be charged with Neglect of an Elderly Person, which is a felony—even if you didn’t steal a dime.
Don’t Let Them Blame You for Someone Else’s Crime
Just because you were in the car (or in the marriage) doesn’t mean you are guilty. We know how to separate your actions from the “Wrong Crowd.”
Call me at (407) 423-1117. Let’s disconnect the charges.
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.