Don’t Punch Your Lawyer (And Other Courtroom Tips)

By: John Guidry

Some would say that you haven’t lived until you’ve been punched in the face. Well, then let me continue “not living”… But if you feel the urge to punch “someone” in the face, maybe it shouldn’t be the same person that is defending your life. Just a suggestion.

Our case du jour is Jones v. State, 36 F.L.W. D1980 (Fla. 4th DCA 2011).

This case serves as a harsh lesson in courtroom etiquette and the limits of the Constitution when you decide to turn a hearing into a boxing match.

The Setup: A Life Sentence and a Last Resort

Mr. Jones was sentenced to life in prison for sexual battery against a six-year-old girl. Naturally, Jones blamed his lawyer for the sentence. He filed a Rule 3.850 Motion for ineffective assistance of counsel.

The beauty of a 3.850 claim is that, if granted, the sentence is overturned, and the case starts over. However, the court hearing Jones’s motion noted that he had filed “excessive postconviction motions” and “raised many repetitive, meritless, and frivolous claims.”

One such claim? Jones argued that if he had testified, he would have told the jury about a sexually transmitted disease he had, implying the victim would have caught it if he were the culprit.

The Incident: The “Sucker Punch” Strategy

During the evidentiary hearing, Jones tried to fire his appointed lawyer. The judge denied the request.

Jones then decided to take matters into his own hands—literally.

• The Lure: He summoned his post-conviction counsel to his side, pretending he wanted to whisper something to him.
• The Strike: As the lawyer leaned in, Jones struck him in the face with a closed fist.
• The Result: Jones was subdued by deputies and dragged out of the courtroom.

Here is the kicker: The hearing continued without him. The judge was not falling for the antics. The evidentiary hearing proceeded with the very lawyer Jones had just punched, while Jones sat in a holding cell.

The Legal Breakdown: Why the Appeal Failed

Believe it or not, Jones appealed. He claimed the court erred by removing him from the courtroom and argued that his counsel (the one he punched) was ineffective.

The appellate court wasn’t buying it.

1. Conviction Presumed Valid Once a defendant is “convicted,” that conviction is presumed valid. A 3.850 ineffective attorney motion is technically a civil motion within a criminal court.

2. No “Due Process” for the Violent Civil motions are not afforded the same “due process” protections as a criminal trial. The court noted that “the Sixth Amendment does not guarantee a right to the effective assistance of postconviction counsel.”

• Translation: You have a right to a lawyer at trial. You generally do not have a constitutional right to a lawyer for post-conviction motions (though Florida provides them in certain cases). Because that right isn’t absolute, the court didn’t have to stop the hearing just because Jones decided to assault his attorney.

John’s Takeaways

• Don’t Punch the Help: It seems obvious, but assaulting your attorney is a guaranteed way to lose your case. Not only do you lose your advocate’s goodwill, but you also likely catch a new felony battery charge.
• Judges Have Seen It All: You aren’t going to trick a judge into a mistrial or a delay by acting out. They will simply remove you and finish the hearing while you sit in jail.
• The 3.850 Reality: These motions are your “Hail Mary.” They are difficult to win even under the best circumstances. Treating the proceeding with disrespect destroys whatever sliver of a chance you had.

Lesson of the day: When your last hope is arguing to overturn your life sentence, keep your hands to yourself.

Call me at (407) 423-1117. I promise I’m harder to hit than I look.

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.