“Was It Over When the Germans Bombed Pearl Harbor?”: Why Your Plea Deal Might Not Be Final

By: John Guidry

Here’s a few things you may, or may not, know about Orlando’s criminal justice system. First, most cases end in some sort of plea agreement. Second, many defendants are not citizens.

It doesn’t take a rocket scientist to figure out that a plea to a criminal charge can lead to deportation. The Problem: Not all criminal defense attorneys understand immigration law. Often, defendants get bad advice, believing they are safe when they are actually signing their own deportation order. When this happens, it is time to hire a new attorney and attempt to “undo” the plea.

Did your lawyer promise you wouldn’t be deported, but ICE showed up anyway?

Bad advice is grounds to withdraw a plea. Call John today at (407) 423-1117.

The Case: O’Neill v. State (The 364-Day Mistake)

As you know, we wouldn’t discuss a topic without a real-world example. Here it is: O’Neill v. State, 2012 WL 1959460 (Fla. App. 2nd DCA 2012).

The Bad Advice: O’Neill was not a U.S. citizen. His lawyer advised him to plead “No Contest” to Sale and Delivery of Cocaine and Grand Theft.

• The Strategy: The lawyer negotiated a sentence of 364 days in jail.
• The Promise: The lawyer told O’Neill that any sentence under one year would not trigger deportation.

The Reality: The lawyer was wrong. While sentence length matters for some crimes, Sale of Cocaine is considered an “Aggravated Felony” under immigration law. It triggers mandatory deportation regardless of how much jail time you serve. O’Neill served his time, only to find out he was being kicked out of the country.

“May” vs. “Will” (Why the Judge’s Warning Didn’t Count)

O’Neill tried to withdraw his plea, arguing his lawyer gave him ineffective assistance. The State fought back, arguing that the Judge warned O’Neill during the plea hearing that he “may” be deported.

The Ruling: The Court sided with O’Neill. Citing the U.S. Supreme Court case Padilla v. Kentucky (2010), the court ruled that when the deportation consequence is clear, the advice must be accurate.

• The Logic: Telling a defendant they “may” be deported is actually misadvice when the law says they “will” be deported.
• The Result: O’Neill was allowed to withdraw his plea and fight the charges.

As John Belushi famously said in Animal House:

“Over? Did you say ‘over’? Nothing is over until we decide it is! Was it over when the Germans bombed Pearl Harbor? Hell no!”

John’s 2026 Update: The “Aggravated Felony” Trap

Note: In 2012, O’Neill’s lawyer made a rookie mistake. In 2026, the consequences are instantaneous.

1. The “Kiss of Death” (Aggravated Felonies) Under immigration law, crimes like Trafficking or Sale/Delivery are often classified as Aggravated Felonies.

• The 2026 Reality: If you plead to an Aggravated Felony, you are generally barred from any relief (like Asylum or Cancellation of Removal). It is a one-way ticket home. No amount of “364-day” sentencing tricks can save you. We must fight to change the charge, not just the sentence.

2. The “Crim-Imm” Opinion Letter Because this area of law is so complex, it is now standard practice for us to consult a “Crim-Imm” Specialist before you enter a plea.

• The Standard: We get a written opinion letter detailing exactly how the plea will affect your visa or Green Card. If your previous lawyer didn’t do this, that is strong evidence of Ineffective Assistance.

3. Automated Biometrics In the past, you might have finished your sentence before ICE realized you were there.

• The Tech: In 2026, jails share biometric data (fingerprints/iris scans) with DHS instantly. If you plead to a deportable offense, the ICE detainer is often lodged before you even leave the courtroom.

Don’t Trust a Guess

If you are a non-citizen, you cannot afford to guess about your future. You need a lawyer who understands the difference between “May” and “Will.”

Call me at (407) 423-1117. Let’s protect your residency.

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.