Confessions of a Defense Attorney: Why I Lost and Why It Matters

By: John Guidry

My web people give me all kinds of advice, trying to “enlighten” me. One thing they harp on is: “Tell everyone what a great attorney you are.” That’s the essence of marketing, right?

Well, I’m about to break the first rule of marketing. I lost a trial last week. And to be completely honest, I made mistakes.

It sucks losing a trial. I feel terrible for my client, and I’ve spent the last few days dwelling on every missed objection and every phrase in my closing argument that could have been sharper. But if you win all your cases as a criminal defense attorney, you probably aren’t trying hard enough.

Facing a mandatory minimum sentence?

Sometimes you have nothing to lose by fighting. Call John today at (407) 423-1117.

The Legal Breakdown: The “Free Shot” Strategy

Why did we go to trial if the outcome was prison?

My client was facing a minimum mandatory sentence of three years on a firearm charge. The State’s plea offer was also three years.

This created a scenario I call the “Free Shot.”

• The Plea: 3 Years Prison.
• The Loss: 3 Years Prison (Minimum Mandatory).
• The Win: Freedom.

I advised my client that we had absolutely nothing to lose. The judge couldn’t go lower than the mandatory minimum on a plea, and he likely wouldn’t go higher than the minimum on a loss (he is a great judge). So, we rolled the dice.

The Outcome: We lost. The jury returned a guilty verdict. But because the judge is fair, he simply imposed the three-year minimum mandatory—the exact same sentence the client would have taken if he had pleaded guilty on day one.

A Rare Alignment

Usually, this blog is where I dog out cops, judges, and prosecutors. But I have to give credit where it is due.

• The Prosecutor: Great to work with. Professional and fair.
• The Judge: Excellent. He didn’t impose a “Trial Tax” (punishing the client for going to trial) and stuck to the minimum.
• The Cop: Honest on the stand. No embellishments.

It is rare that the system works this smoothly, even if the result wasn’t what we wanted.

John’s Takeaways

There is more to learn in losing a case than in winning one. Here is what this trial reminded me of:

• The Burden of the Defense: We obsess over our mistakes because we care. There is always room for improvement in strategy, closings, and witness control. If I didn’t lose sleep over it, I shouldn’t be doing this job.
• The “Trial Tax” isn’t Automatic: Many defendants fear going to trial because they think the judge will hammer them. In this case, because of the mandatory minimums, the risk was calculated and neutralized.
• Great Clients are Rare: The highlight of this process was my client. He knew the chances were slim but wanted to fight. After the verdict and the sentence were read, he was peaceful. He sincerely thanked me for a job well done.
  • He didn’t blame me.
  • He didn’t blame the system.
  • He accepted his fate with a grace that I truly admire.

fighting the Good Fight

Sometimes, “winning” isn’t about the verdict. It’s about giving a client their day in court, ensuring their rights are protected, and standing by them when the system comes down.

If you want an attorney who will be honest with you about your odds and fight for you regardless, give me a call.

Call me at (407) 423-1117. Let’s discuss your case.

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.