Do You Need Psychic Powers to Survive Probation? (The “Association” Trap)

By: John Guidry

Can people really read minds? Do paranormal abilities exist within human nature? Believe it or not, these questions tie into a recent Orlando Violation of Probation (VOP) case. Yeah, it’s a stretch, but bear with me.

The Standard Rules: Before we dive in, let’s sum up the standard conditions of probation:

1. Do what probation tells you to do.
2. Stay out of trouble.
3. Stay away from people who are in trouble.

Easy enough, right? It’s the same stuff your mom told you, only your mom wouldn’t throw you in jail with no bond if you didn’t listen. The Problem: The condition says, “You will not associate with any person engaged in criminal activity.” The Question: How are you supposed to know if someone is “engaged in criminal activity” if they don’t tell you?

Is your Probation Officer trying to violate you for someone else’s actions?

You aren’t responsible for what you don’t know. Call John today at (407) 423-1117.

The Case: Clayton v. State (The Passenger Problem)

Let’s look at Clayton v. State, 100 So. 3d 725 (Fla. 5th DCA 2012).

• The Background: Clayton was on probation for Robbery with a Firearm. (Practice Note: He followed a prison sentence with probation—a dangerous trap we try to avoid).
• The Incident: Clayton was riding in the passenger seat of a car driven by a woman named Crystal Holder.
• The Stop: Police pulled Crystal over. It turned out she was driving with a suspended license (a crime). They also found marijuana in the car.

The Violation: Probation filed a VOP against Clayton for:

1. Associating with a person engaged in criminal activity (Crystal driving without a license).
2. Possession of Cannabis (Constructive possession of the weed in the car).

The Ruling: No Telepathy Required

Clayton is not a mind reader. He does not possess paranormal abilities. Just as people didn’t know Bernie Madoff was a criminal while eating dinner with him, Clayton argued he didn’t know Crystal’s license was suspended.

The Appellate Court Agreed. They overturned the violation for “Associating,” ruling that:

“In order to revoke the defendant’s probation, there must be evidence the violation is the product of a knowing and willful act… There was no evidence that Clayton was aware Holder did not have a valid driver’s license.”

The Lesson: The Court does not require you to be psychic. If you honestly didn’t know the person was breaking the law, the violation is not “willful.”

The Bad News: Unfortunately, the Court upheld the violation for the marijuana found in the car. Because the drugs were in a shared space, the Judge decided Clayton had “Constructive Possession.” So, while he beat the “Association” charge, he still faced sentencing for the weed. (The silver lining? Beating half the charges usually leads to a lighter sentence).

John’s 2026 Update: Digital “Association” & ALPRs

Note: In 2012, “Association” meant sitting in a car. In 2026, it means tagging someone in a post.

1. The “Instagram Association” Trap In 2026, probation officers have software that monitors your social media.

• The New VOP: If you “Like,” comment on, or appear in a photo with a known felon or gang member, officers will file a VOP for “Associating with Criminals.”
• The Defense: We argue that a digital interaction is not “association” in the physical sense, but judges are becoming stricter. You must scrub your social media of anyone with a record.

2. License Plate Readers (ALPR) In Clayton, the stop was likely luck. Today, police cars have Automated License Plate Readers.

• The Risk: Police know instantly if a car’s owner has a suspended license. If you accept a ride from a friend with a bad record, the police will pull you over.
• The Advice: If you are on probation, you cannot afford to be a passenger in a shady car. If the driver gets arrested, you get violated.

3. Medical Marijuana Exception If Clayton happened today, and he had a Medical Marijuana Card, the weed charge might have been dismissed too.

• The Rule: You can possess marijuana on probation if you have a valid State Card. However, it must be in the original dispensary packaging. Loose weed in a baggie (like in Clayton’s case) is still a violation.

Don’t Let Them Punish You for Someone Else’s Secrets

You shouldn’t go to jail because your driver didn’t pay a ticket or your friend has a secret past. To violate probation, the act must be Willful and Substantial. If you didn’t know, you aren’t guilty.

Call me at (407) 423-1117. Let’s prove you didn’t know.

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.