Criminal Defense
Since 1993
Since 1993
Is Being 20 Minutes Late Worth 7 Years in Prison?
By: John Guidry
It’s “Violation of Probation Month” here at the law office. Unfortunately, VOPs are in the air.
Being on probation isn’t fun, as many of Orlando’s probationers will testify. Just in case life isn’t busy enough, probation adds significant extra appointments, rules, and regulations to your everyday life. Sometimes, a probationer forgets one of these appointments or shows up late, and ends up in jail.
What now?
One of the most basic rules of VOP defense involves a simple question: Did the probationer “willfully and substantially” violate his probation? If the answer is “No,” the violation should be dismissed.
Threatened with a violation for being late?
Minor mistakes shouldn’t cost you your freedom. Call John today at (407) 423-1117.
The Case: Perez v. State
Let’s look at an all-too-common scenario found in the real-life example of Perez v. State, 884 So. 2d 306 (Fla. 2nd DCA 2004).
The Setup: Perez was on probation. His officer told him to report for random drug testing between 4:00 PM and 5:00 PM.
- The Mistake: Perez showed up at 5:20 PM (20 minutes late).
- The Reaction: The officer told him to come back the next day. Perez did so and tested negative.
The Snowball Effect: Despite showing up (late) and returning the next day, the officer filed a violation.
- The trial judge found him guilty of the VOP and extended his probation by one year.
- During that extra year, Perez violated again.
- The Result: He was sentenced to 7 Years in Prison.
The Attack: The “Willful and Substantial” Defense
Perez’s appellate attorney launched a brilliant attack. He didn’t argue the second violation; he argued that the first violation (being 20 minutes late) was invalid. If the first violation was bogus, the probation extension was illegal, and the 7-year sentence had to be thrown out.
The Ruling: The Appeals Court agreed. They overturned the prison sentence, holding:
“Perez’s failure to report to the probation office between 4 p.m. and 5 p.m. cannot be viewed as a substantial violation in light of the fact that he did report only twenty minutes late… Therefore, we conclude that the State failed to prove that Perez willfully and substantially violated his probation.”
Because he made the effort to report (even late), his conduct wasn’t “substantial” enough to warrant a violation.
Practical Advice: Don’t Run
There is practical advice buried deep within the Perez case: “Better Late Than Never.”
Too often, a probationer who is running late thinks, “Well, I missed the window, I’m already violated, so I just won’t go.” This is the worst mistake you can make.
- Don’t be intimidated. Probation officers love to threaten violations.
- Show up anyway. If Perez hadn’t shown up at 5:20 PM, he would have been charged with “Failure to Report,” and he likely would have lost the appeal. His effort saved him.
- Document everything. If you are stuck in traffic, call and leave a voicemail. Show up late. Come back the next morning.
John’s 2026 Update: The New “Late” Traps
Note: In 2026, “reporting” often looks different, but the Perez rule still applies.
Today, probation officers use technology to catch you slipping up.
- GPS Monitoring: If your curfew is 6:00 PM and you walk through the door at 6:05 PM, the GPS logs a violation.
- SmartLink / App Check-ins: If you miss a biometric facial scan on your phone by 10 minutes, the app flags you.
How we use Perez today: We argue that a 5-minute GPS delay or a missed app notification is not a substantial violation. Just like Perez being 20 minutes late, minor technical glitches or brief delays should not result in prison time. However, this only works if you eventually comply. If you miss the GPS window and then turn off your phone? That is willful.
Don’t Let a Minor Slip-Up Ruin Your Life
If your probation officer is threatening to violate you for being late, missing a payment, or a minor technicality, we need to fight back with the “Substantial” defense.
Call me at (407) 423-1117. Let’s keep you out of the system.
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.