Criminal Defense
Since 1993
Since 1993
Why Does the Justice System “Lie” to Florida Juries?
By: John Guidry
Our government is supposed to be transparent. We have the federal Freedom of Information Act (FOIA), and here in Florida, we have our “Sunshine Laws.” These are designed to force the government to hand over information they’d rather keep locked in a vault. If it weren’t for FOIA requests, our world would have far fewer UFO and conspiracy books—Jesse Ventura even wrote an entire book analyzing FOIA documents. Given our government’s shady ways, we should expect even more tantalizing documents in the years to come.
But here is the “sad but true” reality: freedom of information is non-existent in the criminal courtroom. Florida juries are not permitted to know the most basic truth of a case—the potential sentence. Kind of crazy, right? Citizens are forbidden from knowing the sentence that will result from their verdict because the State fears a jury with a conscience might sway toward “not guilty.”
Facing a high-stakes trial where a “minimum mandatory” is on the line? Don’t let the system keep you in the dark. Call John Guidry today at (407) 423-1117 for a straight-shooting defense.
The $300 Drug Deal and the 25-Year Trap
Knowledge is power. A fully informed citizenry is our only insurance against the tyranny of outrageous legislation. Juries should know that a simple $300 purchase of oxycodone pills can lead to a 25-year minimum mandatory sentence.
Most people think 25 years is reserved for the likes of Pablo Escobar (any Narcos fans out there? Great show). But in the trenches of Orange and Seminole County, we see regular people facing these “insane” terms. To put that in perspective, child rapists in Florida average around 17 years. Yet, for a $300 drug deal, the State wants the jury to remain in the dark, because it’s a lot easier to get a conviction when the jury doesn’t realize they are effectively ending a life.
The Legal Conflict: Statute 918.10(1) vs. Rule 3.390(a)
We’re often told “ignorance of the law is no excuse.” Try telling a judge you didn’t know the speed limit and see if that “blabbing” works as a defense. We are all charged with knowing the laws—we’re just not allowed to mention them in court!
Technically, Florida has a law that requires judges to tell the truth:
- Florida Statute 918.10(1): Explicitly states the judge’s charge “must include the penalty for the offense for which the accused is being charged.”
- Florida Rule of Criminal Procedure 3.390(a): Directly contradicts the statute, stating that “Except in capital cases, the judge shall not instruct the jury on the sentence.”
So which one wins? As of 2025, the courts continue to follow the Rule over the Statute, effectively withholding the truth from the six adults sitting in the jury box.
The “Proper Sentence” Myth
It gets worse. Not only is the jury kept in the dark, they are often lied to. Every jury in Florida is read Standard Jury Instruction 3.10(5), which says:
“It is the Judge’s job to determine a proper sentence if the Defendant is found guilty.”
When it comes to a minimum mandatory, does the judge “determine” anything? Hell no. That’s why it’s called a mandatory sentence. The judge has zero discretion.
In that $300 drug deal, the judge tells the jury it’s her job to determine a “proper” sentence, but then turns to the defendant after the verdict and says, “I have no choice but to give you 25 years.” Why mislead the jurors into thinking there will be a fair “determination” when the result is already baked into the statute?
John’s Takeaways
- The Transparency Gap: Florida is one of the few places that hides sentencing info from juries, unlike the older versions of Rule 3.390 which allowed for full disclosure.
- Minimum Mandatories are Absolute: Under F.S. 893.135, once the weight threshold is met (e.g., 28 grams of oxycodone), the 25-year sentence is automatic.
- Jury Nullification Fears: The system hides the truth because they don’t trust the citizens of Osceola, Lake, Brevard, or Volusia County to follow the law if the punishment is too harsh.
- Voir Dire is the Key: A skilled defense attorney must use jury selection to find jurors who won’t be swayed by “law enforcement bullshit” or the misleading “proper sentence” instruction.
- Know the Stakes: If you are facing a trafficking charge, you need to understand that the judge’s hands are tied. Your only real defense is a Motion to Suppress or a trial victory.
I’ve been trying cases and fighting these mandatory minimums since 1993. It makes me feel “dirty” that we have to hide the truth from the very people who hold your future in their hands. If the justice system doesn’t trust jurors to understand the penalties, they have no business asking them to serve.
If you’re facing a charge with a mandatory minimum, you need a lawyer who isn’t afraid to challenge the system’s “typical script.” Give me a call, and let’s talk about the truth of your case.
Facing a mandatory minimum? 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.