Probation Violations: The “New” Law That Wants You to Waive Your Lawyer

By: John Guidry

Every profession has its own language, and it is hard for outsiders to grasp what’s happening, especially given the acronyms thrown around.

Our military excels at the creation of acronyms. For example, the government doesn’t really STEAL; they simply Stealthily Transport Equipment to Another Location. (Yes folks, don’t try this at home, as it will get you arrested. As the bumper sticker claims, “Don’t Steal, the Government Hates Competition”).

Criminal defense work has its own acronyms, though not as colorful as the military’s. We call violations of probation “VOPs”.

Accused of violating probation?

Don’t sign any waivers until you speak to an attorney. Call John today at (407) 423-1117.

The Two Ways to Violate

If the Department of Corrections (DOC) is supervising you or a loved one, there are only two ways probation can be violated:

1. New Law Violation (Substantive) This happens when you are arrested for a new crime. This is shocking, I know—who would commit a new crime knowing it would lead to a violation? But as the bumper sticker says, “Shit Happens.”

2. Technical Violation This is where you drop the ball on a condition of probation. A technical violation is any violation that doesn’t involve a new arrest.

• Failed a drug test? Technical.
• Missed an appointment? Technical.
• Didn’t finish community service on time? Technical.

One tiny technical violation can lead to prison time because everything must be completed exactly as per the timeline laid out by the judge.

The Alternative Sanctioning Program (ASP)

With the basics out of the way, let’s discuss the VOP law that took effect on July 1, 2016 (HB 1149).

The law created a whole new punishment scheme for technical violations. It gave every county the power to create its own Alternative Sanctioning Program. The goal was to reduce the number of people sitting in jail for minor slip-ups by allowing them to accept a quick punishment (like a few days in jail or extra community service) without going through a full court hearing.

The Catch: Waiving Your Rights There is a serious problem with this law—it requires the probationer to waive their right to be represented by legal counsel.

You heard me. We live in America. But the government says if you want this “quick fix,” you can’t have an attorney review it first. You have to sign on the dotted line, admit guilt, and accept the punishment alone.

Any criminal law that requires a defendant to waive their right to an attorney is likely to run afoul of the Constitution. This law forces citizens to negotiate their fate without aid of counsel.

John’s 2025 Update: The Trap is Real

Note: In the original article above, I predicted that Central Florida would adopt these programs. I was right.

As of 2025, the Alternative Sanctioning Program (ASP) is fully operational in Orange, Osceola, and Seminole Counties.

• 9th Judicial Circuit (Orange/Osceola): Established via Administrative Order.
• 18th Judicial Circuit (Seminole): Established via Administrative Order.

How it works today: If you commit a technical violation (like a positive drug test), your probation officer might hand you a piece of paper offering you a “deal.” It might say: “Admit to the violation right now, accept 30 days of curfew, and we won’t arrest you.”

Should you sign it? Maybe. But remember my warning: You are waiving your right to a lawyer.

• Sometimes, the officer’s “offer” is actually worse than what a judge would give you.
• Sometimes, the “technical violation” they are accusing you of isn’t valid (e.g., a false positive drug test).
• By signing the ASP form, you are admitting guilt. That admission stays on your record.

My Advice: If your Probation Officer hands you an ASP waiver, ask for 24 hours to think about it. Then call me immediately. We can review the offer to see if it’s a good deal or a trap.

Call me at (407) 423-1117. Do not face probation alone.

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.