“You Can’t Do That!” Why Judges Can’t Add Rules Just Because They Feel Like It

By: John Guidry

You’ve heard the sayings about Orlando: Come on vacation, leave on probation, come back on a violation. This old saying sounds like the truth, in part because it rhymes so well. (Jesse Jackson could have come up with this line, but don’t quote me on that).

Violations of Probation (VOP) usually come from breaking the standard rules. But today, we are looking at a different problem: What happens when the Judge tries to change the rules in the middle of the game?

In Maddox v. State, 97 So. 3d 332 (Fla. 2d DCA 2012), a judge tried to add a curfew that wasn’t there before. Let’s see why the appeals court set him free.

Did your judge or probation officer add a new restriction without a hearing?

That might be illegal. Call John today at (407) 423-1117.

The Case: Maddox v. State (The Illegal Curfew)

Maddox was originally sentenced to jail followed by probation.

• The First VOP: He was accused of failing a drug treatment program. Fortunately, that violation was dismissed.
• The Twist: Even though the judge dismissed the violation, he ordered Maddox to complete a different treatment program AND added a Curfew.

The Problem: Where did this curfew come from? It wasn’t in the original plea deal. It wasn’t part of the original sentence. The judge just added it because he felt like it.

The Second VOP: Shockingly, Maddox violated this new curfew. He admitted it and was sentenced to 5 years in prison. But his lawyer was smart. He appealed, arguing that the curfew was never valid in the first place.

The Law: Double Jeopardy Protections

Technically, this is a Double Jeopardy problem. The Fifth Amendment says you cannot be punished twice for the same offense.

• The Rule: Once you start serving your sentence (probation), the judge cannot make it harder (enhance it) unless you are proven guilty of a new violation.
• The Application: Since the first violation was dismissed, the judge had no legal power to add the “punishment” of a curfew. Therefore, breaking the illegal curfew was not a crime.

The Result: The appeals court struck down the 5-year prison sentence.

The Precedent: Lippman v. State

This rule comes from the Florida Supreme Court case Lippman v. State, 633 So. 2d 1061 (Fla. 1994). In that case, a judge tried to add a “no contact” order to protect a victim, even though no violation had occurred.

• Majority Opinion: You cannot “enhance” a sentence once it has begun. Adding restrictions is an enhancement.
• Dissent (The Losing Side): One judge argued that judges need flexibility to “protect the public” and should be able to add conditions whenever they want.
• The Winner: The Majority won. The Double Jeopardy clause protects you from random rule changes.

John’s 2026 Update: The GPS & App Trap

Note: In 2012, the fight was about curfews. In 2026, the fight is about technology.

1. The “GPS” Surprise Judges today love to slap GPS Ankle Monitors on people.

• The Scenario: You go to court for a status check. You haven’t violated, but the judge thinks you look “shady” or hears a rumor. He orders a GPS monitor.
• The Defense: We scream Maddox and Lippman. A GPS monitor is a severe enhancement of your sentence (and it costs you money). Unless they prove a VOP first, they cannot force you to wear it.

2. The “Remote Reporting” Trap Florida Statute 948.03 now allows Remote Reporting via smartphone apps for many probationers.

• The Good: You don’t have to drive to the office.
• The Bad: These apps track your location 24/7. If the app shows you at a bar, they might try to violate you.
• The Defense: If “GPS Tracking” wasn’t a condition of your probation, we argue that using the app’s data to track your movements is an illegal enhancement of your privacy restrictions.

3. “Technical Violation” Caps (The Good News) If you do violate a curfew or miss a check-in, the law has improved.

• Under the Alternative Sanctioning Program, “Technical Violations” (like breaking curfew) are now often capped at short jail stints (days, not years).
• A judge cannot easily give you 5 years for a curfew violation in 2026 unless you are a Violent Felony Offender of Special Concern.

Don’t Let Them Change the Deal

If you made a plea deal for specific rules, the State is stuck with those rules just as much as you are. If they try to move the goalposts, we can stop them.

Call me at (407) 423-1117. Let’s hold them to the contract.

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.