The “Crime Machine”: Why We Have Too Many Laws

By: John Guidry

There are problems with our criminal codes. Of course, these problems keep “Crime Incorporated” in business, so there seems to be little incentive to fix them.

No one has bothered to control or fix overlapping laws. Congress has passed more criminal laws in the last 30 years than in the entire history of our country. Historically, crimes were defined by the states, not the federal government. But now, we have a massive number of criminal offenses covered by both state and federal law. Yikes.

caught in the web of over-criminalization?

You need a defense attorney who knows the code better than the State. Call John today at (407) 423-1117.

The Death of “Mens Rea” (Guilty Intent)

One disturbing trend in over-criminalization involves the creation of crimes that do not require mens rea.

Normally, crimes require “guilty knowledge” (mens rea). It shouldn’t be enough to simply “do something”—you must do it intentionally. But over the past 30 years, these requirements have been watered down or eliminated.

• Florida Statute 893.101: This statute, for example, effectively removed the requirement for the State to prove you knew the illicit nature of the substance in certain drug cases.
• Corporate Liability: We are seeing criminal cases against CEOs not because they did something wrong, but because someone else in the company did, and the government argues they “should have known.”

The Trap of Mandatory Minimums

Let’s not forget that we now have more mandatory minimum sentences than ever before. This is the legislature’s way of intruding upon the province of judges, and it has devastating results.

Minimum mandatory sentences basically throw justice out the window in favor of a sentence predetermined by politicians.

• The Irony: Under Florida law, you can remove a judge if they tell you what your sentence will be before hearing the facts (because a judge cannot “pre-judge”). Yet, the legislature gets away with doing exactly that via mandatory minimums.
• The Oxycodone Example: The injustice is most evident in trafficking cases. Possessing as little as 7 grams (roughly 8 pills) of oxycodone can land a person in prison for a minimum of 3 years.

The Cost of the Machine

Trafficking charges are a prime example of overlapping laws governing the same conduct. A “trafficking” charge can consist of a purchase, a sale, or simple possession—all of which are already covered by other laws.

Why does this persist? More crimes = More arrests, more bail money, more jail money, and more law enforcement budgets.

It is a machine that feeds itself on taxpayer money that could be spent on schools or infrastructure. Instead, it goes to maintaining a bloated system of overlapping offenses and harsh minimums.

Who Will Stand Up?

Who will stand up to the machine and say, “Enough is enough”?

If you are facing charges that seem redundant, unfair, or based on a lack of intent, you are seeing the cracks in the system firsthand. We need to fight these charges aggressively.

Call me at (407) 423-1117. Let’s fight the machine together.

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.