The Race Against Time: Technical Violations and the Death of the Probation Loophole

By: John Guidry

If I had a dollar for every time someone told me, “Oh, it’s only a technical violation of probation,” I would be rich. Actually, if you consider that 71% of the world lives on less than $10 a day, I probably already am. And so are you.

Now, I hate it when people tell me how good I have it. As any economist will tell you, we adjust to our conditions quickly. A billionaire will have just as bad a day over a poorly presented blue-fin tuna lunch as I will when my Filet-O-Fish from Mickey D’s stays in the fryer too long. This is why Tim Ferriss recommends we “practice poverty.” No matter how wealthy you are, resist the temptation to compare yourself to others.

Remember the German billionaire Adolf Merckle? He was the richest man in Germany until he lost $4 billion in the stock market. That loss dropped him to the third richest man in the country. He couldn’t bear not being number one, so he took his own life—despite still having $8 billion left. Would his life have been any different with 8 billion versus 12 billion? The man drove a four-year-old VW Golf.

The “Technicality” Trap

Back to the law. This is a tad more technical than my typical ramblings, but we’re diving into how a technical violation of probation (VOP) can be dismissed.

In the past, we used to pay very close attention to probation’s “termination date.” The rule was simple: a violation had to be addressed before the clock ran out. If you were on two years of probation ending on March 27th and you were picked up on a warrant on March 28th, the violation had to be dismissed. Why? Because once the term expired, the court lost its “power” (jurisdiction) over you.

We saw this play out in Lewin v. State, 192 So. 3d 91 (Fla. 4th DCA 2016). Lewin had technical violations: failing to pay restitution, drug testing fees, and supervision costs. By the time he got to court, his probation had already expired. The appellate court overturned his five-year prison sentence because the lower court lacked the jurisdiction to resolve a VOP on an expired term.

Facing a VOP warrant that was filed right at the end of your term? The timing of that warrant is the most important fact in your case. Call John Guidry at (407) 423-1117.

The 2025 Reality: Closing the Loophole

I usually don’t dig into old articles to update the law—that would be a full-time job. But this one is too important to leave alone. The Florida legislature caught wind of this “technicality” and slammed the door shut.

Effective July 1, 2017, and continuing through 2025, Florida Statute § 948.06(1)(f) changed the game. Here is the “sad but true” reality today:

• The Tolling Rule: The moment an Affidavit of Violation is filed and a warrant is issued, your probation is “tolled” (put on pause).
• No More Race Against the Clock: It no longer matters if your probation was supposed to end yesterday. If that warrant was signed before the expiration date, the court keeps its hooks in you until the judge enters a ruling.
• Technical vs. Substantive: It doesn’t matter if it’s a “technical” violation (like missing a payment) or a “substantive” one (a new arrest). The act of filing the affidavit and getting the warrant signed pauses the clock for everyone.

John’s Takeaways for 2025

• The “Absconder” Exception: If you go “A.W.O.L.” and your probation officer can’t find you, your probation is tolled automatically. You can’t just hide until the clock runs out.
• Alternative Sanctions: In 2025, many technical violations in Orange and Seminole County can be handled through an Alternative Sanctions Program. This allows you to resolve the issue (like extra community service or a short jail stint) without a formal VOP hearing or a permanent mark on your record.
• Willful and Substantial: Even with the new tolling rules, the State still has to prove your violation was willful. If you didn’t pay because you were broke, or you missed a meeting because of a documented medical emergency, we still have a “failure of proof” defense.
• Don’t Wait for the Warrant: If you know you’ve messed up a technical condition, call me before the affidavit is filed. We might be able to get you into the Alternative Sanctions Program before a no-bond warrant is even issued.

The justice system is harsh, and it’s “insane” how a simple missed payment can lead to a prison sentence if you don’t navigate the tolling statutes correctly. I’ve been defending Central Florida citizens since 1993, and while the loopholes are getting smaller, the defenses are still there if you know where to look.

Probation officer threatening a VOP? 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.