Criminal Defense
Since 1993
Since 1993
An Orlando Attorney’s Guide to the 4 Types of Probation in Florida
By: John Guidry II
When you’re facing a criminal charge in Florida, the sentence often includes “probation.” But this isn’t a one-size-fits-all penalty. The type of probation you receive can dramatically impact your freedom, your job, and your daily life for months or even years.
My name is John Guidry, and I want to walk you through the four main types of probation, from the easiest to the most difficult.
Facing a Criminal Sentence in Central Florida? The type of probation you receive matters. A skilled attorney can fight for the least restrictive sentence possible. Call my office to discuss your case. Call John Guidry: (407) 423-1117
Administrative Probation
This is the one everybody wants and very few get. It is glorious.
- The Conditions: You pay an administrative fee upfront and then you never have to report to a probation officer. Ever. No calls, no meetings. Your only job is to stay out of trouble for the length of your sentence.
- Who Gets It: It is rare, but it is a legal option that we can sometimes negotiate for in very specific, low-level cases.
Standard Probation
This is the most common form of probation in Florida. It’s likely what you’ve heard about from friends or family.
- The Conditions: You must report to a probation officer once a month and pay a monthly supervision fee (which can be on a sliding scale based on your income).
- The Kicker: The biggest requirement is that you must submit to random drug testing. Yes, even if your charge had nothing to do with drugs—like driving on a suspended license or shoplifting—the law requires it. Be forewarned: these tests are intrusive. A probation officer must physically observe you providing the sample to prevent cheating with devices like a “Whizzinator.” It’s not pleasant, but it is a standard part of the process.
Drug Offender Probation
This is a step up in intensity from standard probation and is typically reserved for drug-related offenses.
- The Conditions: This involves everything from standard probation, but with stricter requirements. You will likely report to your officer twice a month, be subjected to more frequent drug testing, and be required to complete a substance abuse evaluation and any recommended treatment.
Sex Offender Probation
This is the highest, most restrictive, and most difficult form of probation in Florida.
- The Conditions: The rules are incredibly strict and invasive. They often include a rigid curfew, GPS monitoring, and a requirement to keep a detailed travel log of every place you drive. You might have to write, “I drove to McDonald’s, it was 3.2 miles each way. I did not deviate from that path.” The list of conditions is pages long and designed to monitor your every move.
Negotiating Your Sentence & Avoiding Violations
Understanding these different levels is critical because the best time to fight for more lenient terms is before you are sentenced. After more than 32 years of defending clients, I’ve seen so many people violate their probation that I can often predict how it will happen—statistically, it’s a positive drug test.
Don’t leave your freedom to chance. If you are facing a criminal charge in Orange, Seminole, Osceola, Lake, Brevard, or Volusia County, you need an attorney who knows how to negotiate for the best possible outcome. Call my office today.want to prejudge. Talk to your attorney. Figure out what probation is best for you and how best to handle the probation that you’re going to get in your case.
About the Author, 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.