“I Have to Go Home”: Why Walking (or Pedaling) Away from the Police Can Get You Arrested

By: John Guidry

The police have a job to do. Part of that job is to ask questions. That being said, part of our Constitutional rights as Americans is to politely refuse to answer those questions.

• The Theory: We may simply continue going about our busy lives, even in the face of police questioning.
• The Reality: The police hate it when you walk away.

Deciding to continue your day can transform an innocent situation into an arrest for Resisting an Officer Without Violence. Let’s look at a case where the defendant had the perfect defense—but his lawyer forgot to use it.

Did your lawyer miss a winning argument?

Don’t leave your freedom to chance. Call John today at (407) 423-1117.

The Case: Peterson v. State (The Slow Getaway)

Javarous Peterson was convicted of Possession of a Firearm and Resisting an Officer Without Violence.

• The Tip: Police received an anonymous tip that a person in a white shirt and green pants had a gun in a “High Crime Area.”
• The Encounter: An officer saw Peterson (who matched the description) on a bicycle. The officer asked to speak with him.
• The Refusal: Peterson said, “No, I have to go home,” and slowly pedaled away.
• The Arrest: The officer ordered him to stop. Peterson kept pedaling. He was eventually caught, and they found the gun.

The Appeal: A Painful Realization Peterson appealed, but the Court upheld his conviction.

• The Twist: The Appeals Court wrote that the charges “should have been dismissed” because the stop was illegal.
• The Reason: Peterson was only pedaling “slowly.” Under the law, you can only be stopped in a High Crime Area for “Headlong Flight” (running away fast). Slow movement is not flight.

The Tragedy: So why is Peterson still in prison?

“This was not argued by his trial counsel and it has not been raised on appeal by his appellate counsel.”

Because his lawyer never raised the “Slow Pedal” defense, the Court was forced to ignore it. The judges essentially said: “You are right, you should be free, but your lawyer didn’t say the magic words.”

The “High Crime Area” Trap

This case highlights a massive inequality in our justice system.

• Rich Neighborhood: If you run from the police in a “good” neighborhood, it is legal. (See C.E.L. v. State).
• Poor Neighborhood: If you run from the police in a “High Crime Area” (Wardlow), it creates Reasonable Suspicion to detain you.

Peterson’s mistake wasn’t having a gun; it was living in a neighborhood where “walking away” is treated as “escaping.”

John’s 2026 Update: AI Audits & The Death of “Slow Flight”

Note: In 2012, a lawyer missed a winning argument. In 2026, AI ensures that never happens.

1. The “AI Legal Audit” The tragedy of Peterson (a lawyer missing a winning argument) is becoming rare for high-end firms.

• The 2026 Standard: We now run every case file through AI Legal Auditors. The software instantly flags: “Warning: Defendant’s movement speed (4 mph) does not meet ‘Headlong Flight’ criteria. File Motion to Dismiss.”
• The Lesson: If your lawyer isn’t using AI to double-check their strategy, they are fighting with one hand tied behind their back.

2. The “Algorithmic” High Crime Area In Peterson, the officer just “said” it was a high-crime area.

• The 2026 Reality: “High Crime Area” is no longer an opinion; it is a Data Point. Police use PredPol (Predictive Policing) heat maps.
• The Defense: If the algorithm designated your street as a “Red Zone” at 2:00 PM, the Judge accepts that as fact. We now have to hire data experts to attack the algorithm’s bias rather than just arguing with the cop.

3. HB 113 & The “Anti-Evasion” Crackdown Effective October 2025, Florida passed HB 113, which toughened penalties for fleeing.

• The Risk: While Peterson was on a bike (Resisting), if you are in a motor vehicle (even a scooter or e-bike) and you “slowly drive away” after being ordered to stop, the State now charges this as Felony Fleeing, regardless of your speed. The “Slow Pedal” defense is much riskier now that “Refusal to Stop” is a standalone felony.

Hire a Lawyer Who Knows the Arguments

Javarous Peterson went to prison not because he was guilty, but because his lawyer stayed silent. Don’t let that happen to you.

Call me at (407) 423-1117. We argue every angle.

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.