Is Being a Passenger in a Stolen Car a Crime?

By: John Guidry

“Faith is an island in the setting sun… But proof, yes, Proof is the bottom line for everyone.” – Paul Simon

Can you prove how much pain you’re in? Can you prove you love someone versus just liking them? These are hard questions for a philosopher, but for a prosecutor, the burden of proof is supposed to be high.

Unfortunately, problems of proof have plagued criminal cases for decades. Today, we are going to look at a case where a juvenile was convicted of four felonies based on little more than being in the wrong car at the wrong time.

Arrested for a crime committed by the driver?

Guilt by association is not enough. Call John today at (407) 423-1117.

The Legal Breakdown: J.A.H. v. State

Let’s look at the case of J.A.H. v. State, 2019 Fla. App. LEXIS 10027 (Fla. 2d DCA 2019).

• The Crime: A 2012 Nissan Altima was stolen. Four days later, police spotted it. When they turned on their lights, the car fled.
• The Stop: When the car finally stopped, five individuals bailed out and ran. Police caught all five, including the juvenile defendant, J.A.H.
• The Loot: Inside the car, police found a purse, wallet, and sneakers stolen from other car burglaries that had happened just hours earlier.
• The Video: A Ring doorbell camera showed five people breaking into cars, but the video was too blurry to identify faces or ethnicity.

The Conviction: J.A.H. admitted to police he knew the car was stolen (bad move, but honest). He was convicted of Grand Theft Auto and three counts of Burglary.

The Problem: Police couldn’t prove who was driving. They couldn’t prove J.A.H. ever touched the stolen purse or wallet. They couldn’t prove he was one of the people in the driveway video.

Why the Convictions Were Overturned

The appellate court asked the hard question: Did the State have enough proof? The answer was No.

1. Grand Theft Auto requires “Dominion and Control”

Florida law is clear: Mere presence in a vehicle you know is stolen is not proof that you stole it. Because the State couldn’t prove J.A.H. was the driver, they couldn’t prove he exercised “dominion and control” over the car. He was just a passenger. As noted in A.D.P. v. State, being a passenger—even a knowing one—does not establish motor vehicle theft.

2. Burglary requires more than “Mere Presence”

What about the stolen goods found in the car? The court ruled you cannot convict a passenger of stealing items based solely on the fact that stolen items are nearby in a shared car. Since J.A.H. wasn’t the sole occupant, the State had to prove he specifically exercised control over those items (e.g., fingerprints). They didn’t.

Furthermore, even if he was standing in the driveway while his friends broke into cars, Florida law states that “mere knowledge that an offense is being committed and mere presence at the scene… is insufficient to establish participation.” (Garcia v. State).

John’s Takeaways

This case is a textbook example of “Guilt by Association,” and it happens in Orange and Seminole County constantly.

• Don’t Confuse “Knowledge” with “Guilt”: J.A.H. knew the car was stolen. That might make him a delinquent in the eyes of his parents, but it doesn’t make him a car thief in the eyes of the law unless he controlled the vehicle.
• The “Joint Possession” Problem: If you are in a car with four friends and a bag of weed (or stolen wallets) is found under the seat, the police will often arrest everyone. But legally, unless they can link that item to you specifically, the case is weak.
• Mere Presence is a Defense: Just standing there while your friends commit a crime isn’t usually enough to convict you as a principal to the crime, unless you did something to help, encourage, or incite them.

Demand Proof, Not Assumptions

Four felonies. A ruined record. All because the system assumed that if he was in the car, he must have stolen the car. It took an appeal to set it right.

If you are facing charges because you were in the wrong place with the wrong people, we need to force the State to provide the proof.

Call me at (407) 423-1117. Let’s separate your actions from the group.

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.