Should Your Lawyer Tell You If You’re Going to Lose?

By: John Guidry

Let’s say a child is on his deathbed. He needs some encouragement. If you’re an atheist, are you tempted to comfort him with a tale of a beautiful afterlife, even if you don’t believe one exists?

It’s a heavy question. Do we offer comfort with a lie, or do we offer the cold, hard truth?

While that is a philosophical debate for another day, in the world of criminal defense, the answer is much clearer. We defense attorneys sometimes have to tell our clients that they aren’t going to make it. Literally, they may not live through their sentence.

In Florida, losing a trial can mean a death sentence, a life sentence, or a mandatory minimum so long that it might as well be life. This truth is incredibly hard to swallow. But what happens if a lawyer sugarcoats the reality? What happens if we give a client false hope?

That scenario played out in a recent Florida case, and the result was tragic.

Facing a tough plea offer? Don’t rely on false hope.

Call John today at (407) 423-1117 for an honest assessment of your case.

The Legal Breakdown: Anthony Wait v. State

The case of Wait v. State, 2017 Fla. App. LEXIS 2897 (Fla. 1st DCA 2017), is a cautionary tale about the difference between a “possibility” of winning and a “probability” of losing.

• The Crime: Anthony Wait was charged with throwing a destructive device. (We used to take apart bottle rockets as kids and put the powder into a bigger container—who knew this could carry such a serious penalty?)
• The Evidence: The State had a mountain of evidence:
  • Confession: Wait confessed to the police.
  • Motive: He wanted to avenge his grandmother’s alleged mistreatment by a doctor; the device was thrown at the doctor’s home.
  • Eyewitness: A co-defendant testified against him.
• The Offer: The State offered a plea deal of two years community control (house arrest) followed by three years of probation. No prison time.
• The Advice: Wait’s attorney told him it was “possible” to win and that he had a “chance.” Wait rejected the plea and went to trial.
• The Consequence: Wait lost. He was sentenced to a mandatory 10 years in prison.

The Aftermath: Wait filed a motion claiming Ineffective Assistance of Counsel, arguing his lawyer should have told him to take the plea. He lost that motion, meaning he has to serve the 10 years.

However, Judge Bradford Thomas wrote a powerful dissent. He argued that the lawyer failed Wait by giving him “illusory” hope. Judge Thomas noted that telling a client they have a “chance” when the evidence (confession + motive + eyewitness) is overwhelming is essentially malpractice. He called it “mutually reinforcing false hopes.”

John’s Takeaways

I agree with Judge Thomas. While the client is the boss and makes the final decision, a lawyer’s job is to be a straight shooter, not a cheerleader. Here is what you need to know:

• Lawyers Can’t Save You From Yourself: Ultimately, the decision to plea or go to trial is yours. But you need to make that decision based on facts, not fantasies.
• “Possible” vs. “Probable”: In a criminal trial, anything is possible. A meteor could hit the courthouse. But we don’t plan a defense strategy around meteors. If the evidence is stacked against you, I am going to tell you.
• Listen to the “Strenuous” Advice: Judge Thomas suggested that in cases like this, a lawyer should say: “You have no reasonable chance of winning… I urge you in the most strenuous terms possible to accept the plea.” If your lawyer tells you this, listen.
• Don’t Let Pride Write Checks Your Freedom Can’t Cash: Turning down house arrest because you think you might beat a confession often leads to a prison cell.

Get an Honest Opinion

We defense attorneys cannot save people from themselves, but we can make sure they know exactly what cliff they are walking off of. You deserve a lawyer who will tell you the truth, even when it hurts.

If you are facing serious charges in Orange, Seminole, Osceola, Lake, Brevard, or Volusia County, I will give you the straight talk you need to make the right decision.

Call me at (407) 423-1117. Let’s look at the evidence 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.