“Cold-Hearted” Justice: Why Prosecutors Fight Rehab for Single Moms

By: John Guidry

Some things are hard to explain. Why is there something rather than nothing? How did life arise from stardust? And how can prosecutors be so cold-hearted?

To answer that third question, we are going to review a case that highlights the brutal mechanics of the Florida legal system.

• The Myth: Drug dealers are guys in fast cars with 22″ rims.
• The Reality: As Chris Rock says, no one really “sells” drugs; drugs sell themselves. Most of the “sales force” consists of poor people selling to support their own habits.

Is the State trying to send you to prison for your addiction?

You might qualify for a Downward Departure. Call John today at (407) 423-1117.

The Case: State v. Sawyer (The 39-Month Minimum)

Our true story involves Ms. Sawyer, a single mother of three young children. She was caught selling drugs to support her own addiction.

• The Score: Under Florida’s punishment code, she scored a Minimum Mandatory of 39 months in prison.
• The Stake: The prosecutor demanded prison. The Defense Attorney asked for help.

The Human Cost: Does Ms. Sawyer deserve to be away from her children for three years? Is it cheaper for the taxpayer to pay for prison, or to fix her addiction so she can raise her kids? These questions were irrelevant to the prosecutor. The knee-jerk reaction was: “The score says prison, so she goes to prison.”

The Defense: Downward Departure

Ms. Sawyer’s attorney argued for a Downward Departure—a legal mechanism that allows a judge to ignore the minimum mandatory sentence if there is a valid legal reason. The defense presented powerful testimony:

1. Addiction History: She had a long history of substance abuse and grew up in a home with high levels of abuse.
2. Battered Woman Syndrome: A mental health provider testified that Ms. Sawyer had been victimized by ill-fated relationships, contributing to her criminal behavior.
3. Treatment Success: The director of the jail program testified she was serious about conquering her addiction.

The Ruling: The Trial Judge agreed. He sentenced her to Residential Drug Treatment followed by probation. No prison.

The Appeal: The Prosecutor Strikes Back

The prosecutor was furious. They didn’t just accept the loss; they filed an appeal to yank Ms. Sawyer out of rehab and throw her into prison.

• The Argument: The State argued the Judge didn’t have a “legal reason” to depart from the guidelines.
• The Tragedy: This appeal cost taxpayer money, all in an effort to spend more taxpayer money to imprison a mother rather than rehabilitate her.

The Appellate Ruling (A “Sort Of” Win): The Appeals Court technically overturned the rehab sentence because the trial judge failed to articulate the specific legal grounds for the departure.

• The Silver Lining: The Appellate Judge (Judge Wolf) wrote that he only did it “because the law requires me to do so.” He explicitly stated that trial judges should have the discretion to choose rehab over prison.
• The Result: The case was sent back down. The appellate court essentially gave the trial judge a roadmap: Find a valid legal reason, and you can give her rehab again.

John’s 2026 Update: Fentanyl & “Dual Diagnosis”

Note: In 2016, Sawyer fought for rehab. In 2026, the stakes are higher because the drugs are deadlier.

1. The Fentanyl Factor In 2026, “selling to support a habit” is harder to defend if the drug is Fentanyl.

• The Law: Florida has enacted strict “Death by Distribution” laws. If you sell a mixture that contains Fentanyl, prosecutors are less likely to agree to any departure.
• The Strategy: We must prove you are not a “predatory dealer.” We use expert testimony to show you are an “addict-dealer” whose primary motivation was survival, not profit.

2. “Dual Diagnosis” Departures Ms. Sawyer’s case touched on “Battered Woman Syndrome.” Today, we call this a Dual Diagnosis (Addiction + Mental Illness).

• The Update: Florida Statute 921.0026 allows for departure if the defendant requires specialized treatment for a mental disorder that is unrelated to substance abuse or for which they are amenable to treatment.
• Our Approach: We hire psychologists to prove that the Mental Health issue (PTSD, Bipolar, Trauma) is the root cause, and the drug use is just a symptom. This opens the door for Mental Health Court, which is often more lenient than Drug Court.

3. Remote Rehab Monitoring In 2016, “Residential Treatment” meant living in a facility for a year.

• The Tech: Today, some judges allow Intensive Outpatient (IOP) with GPS & Remote Alcohol/Drug Monitoring (scram bracelets or patch testing). This allows single mothers to stay home with their children while still proving sobriety to the court.

Prison Isn’t the Only Option

Just because the scoresheet says “Prison” doesn’t mean the Judge has to listen. If you have a legitimate addiction or mental health struggle, we can fight for a sentence that heals rather than punishes.

Call me at (407) 423-1117. Let’s find a reason to depart.

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.