“Know the Judge”: When a Rule Waiver Can Still Get You Arrested

By: John Guidry

They say a good lawyer knows the law, but a great lawyer knows the judge. If you simply know the statutes in Orange, Seminole, or Osceola County, you are only halfway there.

• The Reality: There are written rules that control the courtroom. But sometimes, a Judge’s personal rules cross the line.
• The Danger: If your lawyer follows the “Law” but ignores the “Judge,” you might end up in handcuffs.

Did a Judge issue a warrant even though your lawyer filed a waiver?

Judges can be wrong. Call John today at (407) 423-1117.

The Case: Tishner v. Cameron (The “Phantom” Warrant)

Back in 2010, Jeffrey Tishner was on probation for Burglary. He violated it (VOP) with a new DUI arrest.

• The Bond: He bonded out on the VOP warrant.
• The Move: His lawyer filed a “Waiver of Arraignment” pursuant to Florida Rule of Criminal Procedure 3.160(a).
  • The Rule: “Counsel may file a written plea of not guilty at or before arraignment and thereupon arraignment shall be deemed waived.”

The Conflict: “Everybody” knew that this particular Judge required defendants to show up for VOP Arraignments.

• The Judge’s Rule: “I don’t care about Rule 3.160. Be here.”
• The Result: Tishner (on advice of counsel) didn’t show up because the Rule said he didn’t have to. The Judge issued a No Bond Warrant for his arrest.

The Ruling: The Judge Can’t Rewrite the Rules

Tishner appealed, arguing that the Judge couldn’t just invent his own procedures. The Appeals Court agreed and overturned the warrant.

• The Logic: Ordering all defendants to appear at arraignment “arbitrarily denied [them] the privilege afforded by Rule 3.160.” (Albritton v. White).
• The Takeaway: Judges cannot punish you for following the Florida Rules of Criminal Procedure, even if it hurts their ego.

Practical Advice: Can judges get away with this? No.

• But… I have been in front of many judges who hate waivers.
• Strategy: Sometimes, I want you at the VOP Arraignment. Why? Because that is the best time to corner the prosecutor and get a Plea Offer before the case drags on. If you waive and stay home, the file sits on a desk gathering dust. If you show up, we might settle it that day.

John’s 2026 Update: Virtual Court & AI Warrants

Note: In 2011, Tishner was arrested for missing a physical hearing. In 2026, you can be arrested for missing a login.

1. The “Virtual Lobby” Trap In 2026, many VOP Arraignments are held via Zoom/Teams.

• The New “Judge’s Rule”: Some judges now require you to sit in the “Virtual Waiting Room” for 2 hours just to say “Not Guilty.”
• The Glitch: If your Wi-Fi drops or you log out early, the AI Clerk automatically flags you as “Failure to Appear” and generates a warrant instantly. We now have to file “Waivers of Virtual Appearance” to prevent this digital trap.

2. AI Sentencing Algorithms “Knowing the Judge” used to mean knowing their mood.

• The 2026 Reality: It now means knowing their Algorithm Settings.
• The Data: Some judges rely heavily on AI Risk Scores at arraignment to revoke bond. A “Great Lawyer” in 2026 knows which judges trust the AI blindly and which ones will listen to a human argument.

3. The “Auto-Waiver” Portal Many circuits now have online portals where waivers are processed automatically.

• The Defense: If a Judge tries to pull a Tishner today and issue a warrant after a portal waiver, we have the Digital Receipt. It makes the appeal much faster because the system proves the Judge ignored the filing.

Don’t Guess the Rules

The Rules of Procedure are supposed to protect you, but local judges often ignore them. You need a lawyer who knows when to stand on the Rule and when to just show up and play the game.

Call me at (407) 423-1117. Let’s navigate the courtroom.

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.