Do You Need a Private Lawyer? My Apology to My 1993 Clients

By: John Guidry

There is an art to giving a good apology. It is said that for an apology to be effective, it has to be costly. I’m not talking about money—I’m talking about reputation or a commitment to do better.

Apologies are not only the right thing to do; they can be good for business. Doctors who apologize to their patients for screwing up are significantly less likely to be sued. We even have “I’m sorry” laws that don’t permit folks to use an apology later in court.

All of this brings me to my own apology.

I passed the bar in 1993, and my first job was as a Public Defender (PD) right here in Orange County. My first day on the job was a trial day—not just any trial day, but the start of a massive trial docket. I had over 50 clients set for trial, and I had never stepped foot in a courtroom. When the elevator doors opened in the old Orange County courthouse, there were so many people that you could barely move.

So, if you were my client back in 1993 on my first day as a Public Defender—I’m sorry.

I did the best I could. But you folks did not get my best work. Not even close. I am a much better lawyer after 30 years of defending cases than I was on day one. I loved my time as a PD; it was a mandatory “training camp” for any aspiring criminal defense attorney. But I wish I could apologize to the folks who got the “rookie” version of me.

Facing a Habitual Traffic Offender charge in Central Florida?

You need a lawyer who isn’t restricted by government red tape. Call John today at (407) 423-1117 for a free consultation.

The Legal Breakdown: State v. Grate

Sometimes people call me and ask, “Do I really need a private attorney, or can I just use the public defender?”

That is like asking a barber if you need a haircut—what do you think I’m going to say? But ego aside, there are cases where a PD literally cannot do as good of a job as a private attorney because the law forbids them from doing so.

This sounds crazy, but a recent case from our own Fifth District Court of Appeal, State v. Grate, 252 So. 3d 351 (Fla. 5th DCA 2018), proves it.

Here is the situation:

• The Charge: The defendant, Mr. Grate, was charged with Driving While License Suspended as a Habitual Traffic Offender (HTO). This is a felony punishable by up to five years in prison.
• The “Fix”: The best way to beat an HTO charge is often to attack the old traffic tickets that caused the suspension in the first place. If we can overturn those old tickets via a civil appeal, the HTO status vanishes, and the felony case crumbles.
• The Conflict: Mr. Grate’s Public Defender filed a civil appeal to fix those old tickets. It worked. The HTO suspension was lifted.
• The Sore Losers: The State didn’t like seeing their case evaporate. They appealed, arguing that Public Defenders are only funded to defend criminal cases where jail is at risk, not civil traffic appeals.

The Ruling: Unfortunately, the appellate court agreed with the State. They ruled that the Public Defender’s Office is not authorized to file civil appeals, even if doing so is the only way to save their client from prison.

• Handcuffed Defense: The court held that a PD cannot “collaterally attack” a prior civil traffic infraction.
• The Logic: They cited death penalty cases like State v. Kilgore, where PDs were similarly barred from attacking old convictions to save a client’s life.
• The Reality: This means a Public Defender has to fight an HTO charge with one hand tied behind their back. They can defend you in criminal court, but they cannot go to civil court to remove the underlying cause of the charge.

John’s Takeaways

This case is a prime example of government “efficiency” at its finest. If you are facing HTO charges in Orange, Seminole, or Volusia County, here is what you need to know:

• The System is Rigged Against PDs: It is not that Public Defenders aren’t smart or dedicated—Mr. Grate’s PD was brilliant to try this strategy. The problem is that the State won’t let them use every tool in the toolbox.
• Civil Appeals Save Lives: Fixing an old traffic ticket (civil) can stop you from going to prison for a felony (criminal). A private attorney can handle both; a PD cannot.
• HTO is Fixable: Just because the computer says you are a Habitual Traffic Offender doesn’t mean it has to stay that way. We can often “pull the rug out” from the State’s case by cleaning up your driving record.
• Experience Matters: I apologize to my 1993 clients because experience counts. Today, I know exactly which motions to file and which civil appeals to pursue to keep you out of stripes.

Don’t Fight with One Hand Tied

It is embarrassing to go to prison and tell your fellow inmates you are there for driving on a suspended license. You are just asking for a beat down.

If you are facing felony traffic charges, you need a defense that can attack the problem from every angle—civil and criminal. Don’t settle for a defense that is restricted by statute.

Call me at (407) 423-1117. Let’s fix this.

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.