“I Don’t Remember”: Can a Judge Send You to Jail for Having a Bad Memory?

By: John Guidry

Memory is a funny thing. It is not as accurate as we think. My mom tells stories about my childhood that I have “adopted,” but I honestly don’t know if I remember the event or just her story. Sometimes, a simple trigger brings it all back. A cold breeze in Orlando reminds me of Berlin. An obscure song (Postcards from Paradise by Flesh For Lulu) instantly teleports me back to my college DJ booth at KSLU.

The Pleasure Island Mystery My significant other and I were huge fans of Disney’s Pleasure Island (PI).

• The Setting: In 2008, Disney shut it down. On the final night, we were at our favorite club, 8 Trax.
• The Moment: At 2:00 AM, Donna Summer’s “Last Dance” played. People were crying. Hugging. It was emotional.
• The Illegal Encore: The lights went up, but nobody left. The DJ dimmed them back down and said: “Well, it’s past 2 AM, but what can they do, shut us down? One more song.”

The Question: I cannot remember that last song. I think it was “You’re the One That I Want” from Grease. If you were there that night and remember, tell me. It’s driving me crazy.

The Legal Pivot: My web people hate when I get nostalgic, so let’s get to the point. Is it possible to be sentenced to jail because you don’t remember something?

Did the Judge threaten you with Contempt because you couldn’t recall a detail?

You cannot be forced to perjure yourself. Call John today at (407) 423-1117.

The Case: Gray v. State (The Forgetful Witness)

These memory problems occur frequently, especially in Domestic Violence cases where a victim suddenly “forgets” what happened to protect their partner.

In Gray v. State, 572 So. 2d 1013 (Fla. 4th DCA 1991), Mr. Terry Gray was subpoenaed to testify against a defendant named Samedi.

• The Context: 10 months earlier, Gray had made statements implicating Samedi in a drug crime.
• The Testimony: On the stand, Gray said he didn’t remember what he said 10 months ago.
• The Pressure: The prosecutor showed him the police report. Gray still didn’t remember.

The Punishment: The Trial Judge didn’t buy it.

“I can’t hold it against him that he doesn’t remember. I can hold it against him if I think he is lying.”

The Judge found Gray in Contempt of Court and sentenced him to 5 months and 29 days in jail. All because he didn’t remember.

The Ruling: “Unthinkable” Coercion

The Appellate Court reversed Gray’s conviction. They cited an old Florida Supreme Court rule (State ex rel. Luban v. Coleman):

“It would indeed be unthinkable to hold that a trial judge may send any man to prison for contempt of court because he says he cannot remember… merely because the judge thinks he should remember. A witness should not be coerced to swear that he remembers a thing if he does not remember it.”

The Lesson: A Judge cannot act as a human lie detector. Unless there is proof you are lying (like a text message saying “I’m going to lie and say I forgot”), the Court must accept your lack of memory. To force otherwise would be forcing you to commit Perjury.

John’s 2026 Update: The “Past Recollection” Loophole

Note: In 1991, if a witness forgot, the evidence was lost. In 2026, the evidence survives.

1. “Past Recollection Recorded” (The Hearsay Exception) In 2026, if a victim takes the stand in a Domestic Violence case and says, “I don’t remember him hitting me,” the Prosecutor uses a hearsay exception.

• The Rule: If you admit you once knew the facts but forgot, and the police report was written when the memory was fresh, the Prosecutor can read the police report to the jury.
• The Result: The jury hears your “testimony” from the night of the arrest, even though you are sitting on the stand saying nothing.

2. The “Feigned Memory Loss” Trap While Gray protects honest forgetfulness, judges are getting stricter with “Feigned” memory loss.

• The Danger: If the State pulls your jail calls and hears you say, “Don’t worry baby, I’m just gonna go up there and play dumb,” you lose the Gray protection. That recording proves Intentional Contempt, and you will go to jail.

3. Digital Memory Never Forgets

• The Reality: You might forget the “Last Song” at Pleasure Island, but your phone doesn’t. In modern trials, prosecutors don’t need your memory; they have your Cloud Data. If your texts describe the crime in detail, your “loss of memory” on the stand becomes irrelevant.

Don’t Fake It

If you honestly don’t remember, the law protects you. But if you are pretending to forget to save a friend, you are walking a fine line between protection and prison.

Call me at (407) 423-1117. Let’s refresh your recollection.

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.