Can a Judge Reject Your Plea Deal After You Help the Police?

By: John Guidry

Children seem free to change their minds, but adults face a bit more peer pressure to remain consistent. I think children have this issue right; we should feel a bit more freedom to change our position if need be. But in the legal world, “changing your mind” can have devastating consequences.

Our court system changes its mind, too. Judges withdraw opinions and substitute new ones. A few months ago, I wrote about a case where a defendant’s sentence was overturned. Well, not one shred of that case is good law now, because the court overturned itself within a couple of months.

It’s a story that reminds me of watching a football game where the referee injects himself into the match so much that the outcome is decided by the officiating, not the players.

This is the story of Charles v. State, and it is a massive Public Service Announcement for anyone thinking about “snitching” to help themselves in court.

Thinking about cooperating with the State?

Make sure your deal is rock solid before you talk. Call John today at (407) 423-1117.

The Legal Breakdown: Charles v. State

This case comes out of Palm Beach County, but the lesson applies right here in Orange and Seminole County. The case is Charles v. State, 204 So. 3d 63 (Fla. 4th DCA 2016).

Here is the nightmare scenario:

• The Setup: Charles was a gang member. The prosecutors convinced him to risk his life and snitch on his fellow gang members. Think Goodfellas—he helped the government take down the organization.
• The Deal (Part 1): In exchange for his testimony, the defense, the prosecutor, and law enforcement all agreed to an 8-year prison sentence.
• The Rejection: The judge refused to accept the deal.
• The Deal (Part 2): They went back to the drawing board. They presented a new deal for 15 years. The lead detective even took the stand to testify on Charles’ behalf, explaining how crucial he was to stopping the violence.
• The Second Rejection: The judge refused again. She wouldn’t sign off on 15 years.
• The Result: Forced into a corner, Charles went to trial. He was found guilty. The same judge then sentenced him to 66 years in prison.

The Flip-Flop: Initially, the appeals court overturned that 66-year sentence, saying the judge used improper reasoning (deterrence) during sentencing. But the State asked for a re-hearing, and the court changed its mind. They withdrew the first opinion and released a second one affirming the 66-year sentence.

Technically, the judge did nothing illegal. But practically? A man went from an agreed 8-year term to a 66-year life-ender after doing exactly what the government asked him to do.

John’s Takeaways

This case is terrifying, but it offers critical lessons for anyone facing charges in Central Florida:

• The Judge is the Final Boss: You can sign a deal with the prosecutor. You can have the lead detective vouch for you. But in Florida, the judge has the final say on whether to accept a plea bargain. If the judge says “no,” the deal is dead.
• The “Snitch” Trap: If you are going to turn state’s evidence, you need to know who your judge is. In this case, the judge didn’t care about the cooperation. It is a tragedy that Charles’ cooperation likely saved lives, yet the system burned him.
• Strategic Lawyering: There was a way out of this. The defense counsel could have asked the prosecutor to drop the other charges, leaving only a charge with a 15-year maximum. That would have handcuffed the judge, preventing her from giving 66 years.
• Courts Can Change Their Minds: Just because an appellate court rules in your favor initially doesn’t mean it’s over. Until the “mandate” issues, the State can ask for a rehearing, and as we saw here, the court can flip the result completely.

Don’t Get Burned by the System

If you are thinking about cooperating with the State, you are walking through a minefield. You need a lawyer who understands that a signature from a prosecutor isn’t enough—you need to know if the judge will honor it.

If you are facing charges in Orange, Seminole, Osceola, Lake, Brevard, or Volusia County, don’t go it alone.

Call me at (407) 423-1117. Let’s make sure your defense strategy actually works.

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.