“I Took Care of It”: How One Helpful Bailiff and One Honest Prosecutor Overturned a Conviction

By: John Guidry

Having a good bailiff can really help the efficiency of a courtroom. Whenever I go to a foreign courtroom outside my territory (Orange/Seminole/Osceola), I always ask the bailiff to give me a heads-up on the Judge’s quirks. Thankfully, we here in Central Florida have excellent bailiffs. But that cannot be said of every jurisdiction.

The Danger: This next real-life example gives you an idea of how strict the courts are with Bailiff-Jury Interactions.

• The Rule: A bailiff is there to guard the jury, not to be their legal advisor.

Did the bailiff talk to the jury without the lawyers present?

That is a mistrial. Call John today at (407) 423-1117.

The Case: Natan v. State (The Extra Tag)

In Natan v. State, 58 So. 3d 948 (Fla. 2d DCA 2011), the defendant was convicted of Aggravated Stalking and Arson. He appealed on several grounds, but only one mattered: The Bailiff.

The Incident: As the verdict was being returned, the jury told the bailiff that a piece of evidence had an “extra tag” on it.

• The Mistake: The evidence was improperly tagged with someone else’s case number in addition to Natan’s.
• The Communication: The bailiff didn’t tell the Judge. Instead, he told the Prosecutor he “had taken care of the situation” (presumably by removing the tag or telling the jury to ignore it).

The Disclosure: No one would have ever known about this incident. But the Prosecutor—the very person trying to convict Natan—did the right thing. He told the Court what the bailiff said.

The Ruling: Per Se Reversible Error

Natan’s convictions were reversed.

• The Law: The Florida Supreme Court has held that it is “Per Se Reversible Error” when a bailiff has unsupervised communications with a jury about the case.
• The Logic: We don’t care if the bailiff’s advice was “harmless.” The moment a bailiff answers a legal question or fixes evidence without the lawyers present, the trial is tainted. It is automatic reversal.

Kudos to the State: The Appeals Court noted: “We commend the ASA [Assistant State Attorney] for his disclosure.” I agree. This prosecutor put ethics above winning. He knew disclosing this would blow up his verdict, but he did it anyway. Great prosecutors are more common than we defense attorneys admit. (Mark your calendars: I said something nice about prosecutors).

John’s 2026 Update: Digital Bailiffs & Body Cams

Note: In 2011, this happened with a physical tag. In 2026, the errors are digital.

1. Digital Evidence “Tags” In 2026, jurors view evidence on tablets in the deliberation room.

• The New Error: Sometimes, a file is “tagged” with metadata from a prior case or a suppressed police report.
• The 2026 Rule: If the bailiff walks in and “refreshes the iPad” or deletes a file for the jury without calling the lawyers, the Natan rule applies. That is an unsupervised interaction regarding evidence. Mistrial.

2. Bailiff Body Cams Many courtroom bailiffs now wear Body Worn Cameras (BWCs).

• The Accountability: If we suspect the bailiff said something improper (“Hurry up with the verdict, I want lunch”), we can now subpoena the BWC footage. We don’t have to rely on the prosecutor’s honesty; we can watch the tape.

3. The “Smart Watch” Leak Jurors are not supposed to have phones, but many wear Smart Watches.

• The Scenario: If a bailiff sees a juror using a watch and says, “Don’t worry, just keep it under the table,” that is reversible error. The bailiff is modifying the court’s rules without the Judge’s permission.

The Jury Room is Sacred

The only people allowed to talk to the jury about the case are the lawyers (in court) and the Judge (in court). If anyone else—bailiff, clerk, or janitor—tries to “help” them decide, the verdict is trash.

Call me at (407) 423-1117. Let’s inspect the verdict.

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.