Criminal Defense
Since 1993
Since 1993
Blockbuster, Netflix, and Why Drug Court is the “Innovation” of Criminal Justice
By: John Guidry
Some of you are too young to remember late fees. Late fees involved renting a $3 movie and paying another $6.42 because you forgot to rewind it. Late fees created that pit in your stomach when you glanced at your coffee table, saw a blue & yellow Blockbuster box, and thought: “Wasn’t that supposed to be returned last week?”
Blockbuster made $800,000,000 per year on late fees. They profited from their customers’ failure. Then came a tiny company that saw the problem as an opportunity: Netflix. No late fees. No punishment. Just a subscription. Blockbuster laughed at them. Blockbuster is now dead.
The Analogy: Expensive inpatient rehabs and prison sentences are the “Blockbuster” of the legal world—rigid, expensive, and punitive. Drug Court is the “Netflix”—a smarter, more flexible solution that actually solves the problem (addiction) instead of just punishing the symptom (crime).
Did a judge tell you that you can’t go to Drug Court because you’ve “been there before”?
They might be wrong. Call John today at (407) 423-1117.
Does Drug Court Work? (The “Win-Win”)
A few years ago, a wealthy client sent his son to a $32,000/month treatment facility. He relapsed immediately. Eventually, the parents agreed to try the cheaper, government-run Drug Court. It worked.
Drug Court allows folks arrested for non-violent crimes to undergo counseling. If they complete it, their felony charges are dismissed. It is one of the best programs invented by our criminal justice system.
The Eligibility Rules (Florida Statute 948.08) To get in, you generally need to meet three criteria:
- Substance Abuse Problem: You must admit you need help.
- No Prior Felony Convictions: Note that “Withholds of Adjudication” do not count as convictions.
- Non-Violent Charge: You cannot be charged with a violent crime.
The Case: Gincley v. State (The “One Chance” Myth)
Now, our case for today involves a client who was denied entry because of a “local rule.” In Gincley v. State, 2019 Fla. App. LEXIS 4756 (Fla. 4th DCA 2019), the local Chief Judge issued an order stating:
“Each defendant has only one opportunity to have their case heard in Drug Court. If a defendant… has already had a prior case heard… the new case will be heard in a regular criminal division.”
The Problem: Gincley had gone through Drug Court back in 2006. The judge said, “Sorry, you used your one coupon. Go to prison.”
The Defense: Gincley’s attorney read the statute (F.S. 948.08) and noticed something interesting: The law does not say you only get one chance. The State law sets the criteria. A local judge cannot make up new rules that make it harder than the Legislature intended.
The Ruling: The Appeals Court overturned the denial, ruling that the local order was illegal.
“The local administrative order clearly contravenes the enabling statute by adding terms and conditions that were not part of the original legislation.”
The Result: You can go to Drug Court a second time if you meet the statutory criteria.
John’s 2026 Update: Remote Treatment & Fentanyl
Note: In 2019, Drug Court required you to show up in person constantly. In 2026, technology has made it more accessible.
1. Telehealth is Here to Stay Thanks to extensions by the DEA and Florida courts, much of the counseling in 2026 is done via Telehealth (Zoom).
- Why this matters: In the past, people failed Drug Court because they couldn’t get off work to drive to a counseling session. Now, you can do your session on your lunch break from your phone.
2. The Fentanyl Crisis & Harm Reduction Drug Courts have had to adapt to the lethal reality of Fentanyl and Xylazine.
- New Approach: Courts are now more focused on “Harm Reduction.” While they still demand sobriety, they are quicker to get you into Medication-Assisted Treatment (MAT) like Suboxone or Vivitrol, rather than just yelling at you for a relapse.
- Test Strips: With the 2026 legislative push to decriminalize drug testing strips, many Drug Courts now provide these tools to participants to prevent accidental overdoses during early recovery.
3. The “One Chance” Fight Continues Despite the Gincley ruling, some prosecutors still try to block repeat applicants.
- Our Strategy: We cite Gincley and Florida Statute 948.08 immediately. If you meet the criteria, the “local policy” of the State Attorney’s Office cannot override the law. We force them to give you a written reason for denial, which we can then challenge before the judge.
Don’t Let Them Deny Your Recovery
If you are facing a felony and have an addiction, you deserve treatment, not prison—even if you’ve tried before.
Call me at (407) 423-1117. Let’s get you back into the program.
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.