Wrong Place, Wrong Time: Why “Mere Presence” Isn’t a Crime in Orlando

By: John Guidry

Notice the rhyming title? When words rhyme, somehow the rhyme creates an air of truth surrounding the statement. Jesse Jackson is a prime user of such techniques—he rhymes, and people believe what he is saying. Or how about the OJ Team Theme—if the glove doesn’t fit, you must acquit. It’s tougher than you think to come up with cool, pithy defense themes like that.

As a criminal defense attorney in Orlando for over 30 years now, I can’t tell you how many times I’ve been told, “I was just at the wrong place, at the wrong time.” Now, this is usually true, and it’s not a crime to be present when others are committing a crime. Mere presence is not enough, as we are about to see in the “woeful” example of the day.

Found near a crime scene or a “stolen” vehicle in Orlando? Just because you’re there doesn’t mean you’re guilty. Call John Guidry today at (407) 423-1117 to protect your rights.

The Case Study: Singleton v. State (The “Exclusive Leaf” Mystery)

In Singleton v. State, 105 So. 3d 542 (Fla. 2d DCA 2012), Mr. Singleton was convicted of burglary of a dwelling and grand theft. A house was broken into between 6:30 p.m. and 8:30 p.m. When the homeowner returned and heard noises, he rushed outside to find Singleton “chilling” in the yard next door, simply walking his dog.

• The “Suspicion”: The house next door had a foreclosure sticker and appeared vacant. A rental truck was parked there, and Singleton was the only one in sight.
• The “Magic” Leaf: An officer approached the truck and claimed that leaves sticking out of the cargo door matched leaves in the burglarized yard—but not the foreclosed yard. (A plant in Florida exclusive to one specific yard? Ripley’s Believe It or Not called, they want their story back.)
• The Illegal Search: Based on this “leaf match,” the officer opened the truck and found the stolen goods. Inside the truck, they also found a cigar with Singleton’s DNA.

Singleton was convicted, but the appellate court granted his appeal and threw out the convictions. Why? Because the judge and jury failed to follow the most basic rule of law: Proximity is not possession.

Why the Conviction Was “Woefully Lacking”

The appellate court didn’t just reverse the case; they called the State’s proof “woefully lacking.” In non-legal terms, that’s a knockout in the first ten seconds of the first round.

1. No Actual Possession: Singleton didn’t have the keys to the truck, and he wasn’t inside it.
2. No Constructive Possession: To prove “constructive possession,” the State must show you have dominion and control over the items. Smoking a cigar in a truck (at some point) doesn’t mean you own everything inside it.
3. The Wrong Place Rule: Being near a place where stolen property is stored is not legally sufficient to prove you stole it.

John’s Takeaways for 2025

• DNA is Not a Smoking Gun: In 2025, DNA technology is everywhere, but it has limits. Singleton’s DNA on a cigar proved he was in the truck, but it didn’t prove he committed a burglary.
• Warrantless Vehicle Searches: Under the Fourth Amendment, police generally need probable cause to search a vehicle. In 2025, Florida courts are still highly skeptical of “magic leaves” or “plain smell” excuses (especially with the legality of hemp).
• The Incarceration Rate: It is “sad but true” that we still have the highest incarceration rate on Earth. Your taxpayer dollars are often spent on “woefully lacking” cases like Singleton’s while schools go underfunded.
• Mere Presence Defense: If you are “walking your dog” near a crime scene, the police might write a “typical script” making you the lead villain. My job is to remind the jury that being there is not the same as doing it.
• Regional Authority: Whether you’re in Orange, Seminole, or Osceola County, I’ve been fighting these “proximity” arrests since 1993. I know how to spot a “Mega-illegal” search.

The justice system is harsh, and it is “insane” to think a man can face years in prison just for being the only person standing in a neighborhood after a crime. I’ve been providing a voice for the “least of our brothers” in Central Florida for decades. If you’ve been caught in a “wrong place, wrong time” trap, give me a call.

Facing burglary or grand theft charges? Call John at (407) 423-1117.

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.