“He Must Be Guilty, He Pled”: The Biggest Myth in the Justice System

By: John Guidry

Last year, a lawyer referred me a case. (And yes, I appreciate the love from non-criminal lawyers. I equate getting cash with love; I can’t help it).

Here are the facts: Years ago, a young gentleman pled to a serious charge and completed all of his probation. Years later, the prosecutor discovered—by accident—that the alleged “victim” made up the whole story to get my client in trouble. The original prosecutor, one of the good ones, wanted to fix it. But he left office, and I had to deal with a new prosecutor.

The Myth: The new prosecutor could not believe that my client was 100% innocent. Her logic?

“He must have been guilty; he entered a plea.”

I just about fell over. Those who have been around the criminal justice system know the truth: Innocent citizens enter pleas all the time.

Are you considering a plea deal for a crime you didn’t commit just to avoid prison?

Don’t let fear make the decision for you. Call John today at (407) 423-1117.

Why Do Innocent People Plead Guilty?

The fact is, you cannot determine a person’s guilt based on a plea. People have jobs, families, mortgages, and children. The risk of trial is often too great.

• The Choice: Would you risk 40 years in prison if you lose at trial, or take 5 years probation and go home to your kids tonight? Most rational people take the sure thing, even if it means admitting to something they didn’t do.

The Result in My Case: Thankfully, the judge in my client’s case was smarter than the prosecutor. He overturned the plea and dismissed the charges over the State’s objection. But not everyone is that lucky.

Case Study: Michael Phillips (12 Years for Nothing)

Sometimes, innocent folks accept prison time just to avoid more prison time. In 1990, Michael Phillips entered a guilty plea for the rape of a 16-year-old girl.

• The Deal: 12 years in prison.
• The Reality: He served every day of it.

Twenty-five years later, a Texas prosecutor’s office audited their own files. They discovered that the DNA found inside the victim did NOT belong to Phillips. He was innocent. The prosecutor overturned the conviction without Phillips even asking.

Case Study: Brian Banks (The NFL Dream Stolen)

Or take the famous case of Brian Banks. In 2002, Brian was a high school football star with offers from USC and UCLA.

• The Accusation: A classmate, Wanetta Gibson, accused him of rape. He said it was consensual; she said it was a crime.
• The Gamble: Brian faced 41 years to Life if he lost at trial. Or, he could plead No Contest and take 5 years prison.
• The Choice: He took the 5 years.

Ten years later, Brian was a registered sex offender who couldn’t find a job or a home. Then, Gibson contacted him on Facebook. Brian secretly recorded the meeting where she admitted she lied.

• The Motive: She had lied to hide her sexual activity from her mother, and later won a $1.5 million settlement from the school district.

Brian was eventually exonerated, but he lost his prime NFL years because the system forced him to plead.

John’s 2026 Update: The Rise of Conviction Integrity Units

Note: The system is still flawed, but we have new tools to fight wrongful convictions.

1. Conviction Integrity Units (CIUs) In the Michael Phillips story, a “special unit” found the error.

• Good News: In 2026, the State Attorney’s Office in Orlando (Ninth Circuit) and many others in Florida have established Conviction Integrity Units.
• The Goal: These are teams of prosecutors whose only job is to review claims of actual innocence. We can now submit evidence (like the Brian Banks recording) directly to them to vacate old pleas.

2. The “Alford Plea” (Best Interests Plea) If you are innocent but the evidence looks bad, we often use an Alford Plea (based on North Carolina v. Alford).

• What it means: You tell the judge, “I am innocent, but I recognize the evidence is strong enough to convict me, so I am pleading to avoid the risk of a higher sentence.”
• It is legally a conviction, but it allows you to maintain your innocence on the record.

3. Body Cams Prevent “He Said/She Said” In the Brian Banks era, it was his word against hers. Today, almost every interaction is recorded.

• The Defense: We don’t have to guess. If a “victim” claims assault, we pull the Ring doorbell camera, the Uber recording, or the text messages. We stop these false accusations before you are forced to make that terrible choice.

Do Not Plead Guilty If You Are Innocent

The pressure to close the case is immense. But once you plead, it is incredibly difficult to undo. Before you sign that paper, let us look at the evidence.

Call me at (407) 423-1117. Let’s fight for the truth.

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.