Is Government Red Tape a Trap for Sex Offenders?

By: John Guidry

Just a show of hands: how many people out there have ever dealt with government red tape? Everybody?

We have all had that experience where one clerk tells you to do “X,” so you do it, only to be told later by a different worker that you did it all wrong. Often, the answers you get depend entirely on who picks up the phone.

For most of us, this is just annoying. But for the “least of our brothers”—those on the sex offender registry—this bureaucratic confusion can lead straight to a prison cell.

Sex offenders are treated like second-class citizens long after they have completed their prison sentence. They’ve done the time and paid the fines, but they are still paying for the crime through a lifetime of complex registration rules. And if the DMV and the Sheriff’s Office can’t get their stories straight, guess who goes to jail? You do.

Facing a failure to register charge due to a technicality?

Don’t let bureaucracy ruin your life. Call John today at (407) 423-1117 for a free consultation.

The Legal Breakdown: Owens v. State

Let’s look at a case that exposes just how dangerous this government maze can be. The case is Owens v. State, 94 So. 3d 688 (Fla. 4th DCA 2012).

Mr. Owens, a registered offender, found himself caught in a classic “Catch-22” between two government agencies.

• The Good Faith Effort: Owens moved to a new address. As required by law, he reported in person to the Sheriff’s Office. They updated his information, and it even appeared on the FDLE public website. He was hiding nothing.
• The DMV Roadblock: The law also requires offenders to update their driver’s license or ID card at the DMV within 48 hours. Owens went to the DMV in person to do this. However, the DMV clerk refused to change his ID because Owens didn’t have “sufficient documentation” (like a specific utility bill or lease) for the new address.
• The Arrest: Because the DMV turned him away, Owens couldn’t get the new ID card. The State then arrested him for Failure to Register, arguing he didn’t complete the process.
• The Trial Error: At trial, the jury asked a smart question: “Does ‘knowingly fail to report’ imply that you must complete proper documentation?” The judge wrongly told them YES.
• The Ruling: The appeals court overturned the conviction. They ruled that the judge’s instruction was wrong. Whether Owens “knowingly” failed to register was a question for the jury to decide based on the facts—specifically, that he tried to register but was turned away by the government itself.

John’s Takeaways

The registration requirements in Florida are a minefield. If you or a loved one is on the registry in Orange, Seminole, or Volusia County, here is what you need to know:

• “Knowingly” is Your Shield: To be convicted, the State usually has to prove you knowingly failed to register. If you tried to comply but were stopped by a clerk or a lack of paperwork, we can argue you did not have criminal intent.
• Document Everything: If a government employee tells you “no” or turns you away, get their name, the time, and a receipt if possible. You need proof that you showed up.
• The DMV Trap: The Sheriff’s Office and the DMV do not always talk to each other. You must satisfy both. If the DMV gives you trouble, call your lawyer immediately—don’t just go home and wait.
• Jury Instructions Matter: As Owens showed, a judge giving the wrong definition of a word like “knowingly” can be the difference between guilty and not guilty. We fight to ensure the jury hears the correct law.

Don’t Navigate the Maze Alone

It is insane that our tax dollars are used to arrest people who actually tried to follow the law but got tripped up by paperwork. But that is the system we live in.

If you are facing a violation for failure to register, failure to update an ID, or any other technicality, do not assume you are guilty.

Call me at (407) 423-1117. Let’s set the record straight.

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.