The “My Cousin Vinny” Defense: When Cops Misinterpret the Truth in Orlando

By: John Guidry

Can you “know” the truth just by reading a few words?

Often, truth cannot be reduced to symbols on a page; it’s something you feel deep down. I truly knew my youngest brother, and while I could write a book describing every moment we shared, those words would never adequately capture who he was or what he meant to me. Truth is often conveyed without words—a touch, a look, or a song that finally “clicks” after thirty years. Whether it’s the Grateful Dead’s Scarlet Begonias or Bob Dylan’s A Hard Rain’s Gonna Fall, sometimes the truth just hits you like a ton of bricks when you least expect it.

In the courtroom, we deal with “words on a page” every single day in the form of police reports and transcripts. But as any Orlando defense expert will tell you, a transcript of an alleged confession can be a dangerous thing. This brings us to what I call the “My Cousin Vinny” Defense.

Did the police twist your words into a “confession” during an interrogation? In 2025, how a statement is read can be the difference between a dismissal and a conviction. Call John Guidry today at (407) 423-1117.

The Anatomy of a Misinterpretation: S.C. v. State

In the case of S.C. v. State, 224 So. 3d 249 (Fla. 3d DCA 2017), a juvenile was found guilty of possessing a stolen driver’s license. The centerpiece of the State’s case was an alleged confession. S.C. argued that the police misinterpreted his words—a classic “My Cousin Vinny” scenario.

If you’ve seen the movie, you remember the scene:

Sheriff: When’d you shoot him? Arrestee: I shot the clerk? Sheriff: Yes. When did you shoot him? Arrestee: I shot the clerk?

At trial, the Sheriff reads the transcript as a flat declaration: “I shot the clerk.” He leaves out the inflection, the confusion, and the question mark. He transforms a shocked question into a cold-blooded confession.

In 2025, we see this “typical script” constantly. A defendant says something sarcastically or hypothetically, and the officer writes it down as a definitive admission of guilt. While the court in S.C. v. State eventually denied the appeal, the lesson remains: The “truth” isn’t always contained in the words alone.

The 2025 Reality: Body Cams and the “Blabbing” Trap

Back in 1992, we didn’t have high-definition body cameras to capture the tone of a statement. In 2024 and 2025, we do.

• The Audio Advantage: We use body cam footage to show the judge that the “confession” in the police report was actually a question or a frustrated outburst.
• The Corpus Delicti Rule: Even if you “blab” a confession, Florida law still requires the State to prove a crime actually occurred using independent evidence. They can’t convict you on your words alone if there’s a failure of proof regarding the actual act.
• Mirandized Statements: If the police didn’t read you your rights before that “I shot the clerk” moment happened during a custodial interrogation, we file a Motion to Suppress faster than Vinny Gambini can order a bowl of grits.

John’s Takeaways for 2025

• Inflection Matters: A transcript is a skeleton; it has no heart or soul. I use video and audio to put the “flesh” back on the bone and show the jury what was actually meant.
• The Golden Rule: The easiest way to avoid a “My Cousin Vinny” situation is to Shut Up. If you don’t talk, they can’t misinterpret your words.
• Interrogation Tactics: Police are trained to lead you into making statements that look like confessions on paper. In Orange and Seminole County, we see these “reid technique” interviews all the time.
• The “Reasonable Hypothesis” Defense: If your statement can be interpreted in a way that points to innocence, the jury must consider that “reasonable hypothesis.”
• Regional Reality: I’ve been defending Central Florida citizens since 1993, and I know that a “confession” is often just a prosecutor’s wishful thinking.

The justice system is harsh, and it’s “insane” to think that a missing question mark in a police report can lead to a prison sentence. I’ve been providing the “truth” behind the transcripts for decades. If the cops are twisting your words to fit their narrative, give me a call.

Was your “confession” actually a misunderstanding? Call John at (407) 423-1117.

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.