The Elevator Trap: What Happens When You’re Late to Court in Orlando?

By: John Guidry

It’s not easy for clients to get to court on time. In Orange County, for example, there’s a line out the door of the courthouse most mornings. After waiting in that line for 30 minutes, it’s another long wait for an elevator. Thankfully, most of our local judges are well aware of this “insane” situation—Orange County only has six elevators servicing twenty-three floors! You do the math.

Seminole County, on the other hand, has five elevators for only five floors. There, you have no excuse. But regardless of the county, if you aren’t in your seat when the judge calls your name, the consequences can be life-altering.

Worried about a missed court date or a “capias” warrant in Orlando? Don’t wait for the police to find you. Call John Guidry at (407) 423-1117 to help clear your name.

The Double Standard: “Capias” vs. Continued Cases

When a defendant is late, several bad things happen. Usually, a judge issues a capias (an arrest warrant). There is a blatant double standard here: if an officer is late or fails to appear, the case is simply continued and nothing happens to them. If you behave the same way, you go to jail.

Is it fair? Not always. But the higher courts have recently stepped in to tell trial judges that throwing someone in jail for being a few minutes late is often a “failure of proof” regarding a defendant’s intent to flee.

Real-World Examples: When Judges Overstep

Florida’s appellate courts have seen some “sad but true” examples of judges overreacting to the clock:

• Massie v. Bradshaw (76 So. 3d 1102): The defendant arrived 22 minutes late. The judge revoked his bond and threw him in jail. When the defense attorney begged for his release three days later, the judge refused, claiming he couldn’t be “assured” the defendant would return. Because Massie had never been late before, the appeals court overturned the ruling and ordered his immediate release.
• Espinal v. Ryan (31 So. 3d 818): Espinal was 15 minutes late for a docket sounding. The court threw him in jail to sit there until the case ended. The appeals court called this “harsh” and ordered his release, noting the lateness was “unintentional and de minimus in length.”
• Eulo v. State (786 So. 2d 43): Even at sentencing, the court held that a fifteen-minute delay was “de minimus” (minor) and did not justify increasing a defendant’s sentence above what was originally bargained for.

John’s Takeaways

• The 15-Minute Rule: Appellate courts generally view a delay of 15 to 20 minutes as “de minimus.” If you’ve never been late before, a judge shouldn’t be revoking your bond.
• Intent Matters: To keep you in jail, the State must show you intentionally tried to skip court. Car trouble or “elevator traffic” in Orange County usually isn’t enough to prove you’re a flight risk.
• Communication is Key: If you’re stuck in line, call your lawyer! I can often “blab” to the judge and keep the capias from being issued while you’re still downstairs.
• The Double Standard: We use these appellate cases to hold judges accountable. If the prosecutor’s witnesses are late, we demand the same “grace” that the State receives.
• Regional Differences: From Lake to Volusia, every judge has a different “trigger finger” for warrants. Knowing which judges are sticklers for the clock is part of a strong defense.

The justice system is harsh, and it is a “failure of proof” when a judge ignores decades of appellate law just to punish someone for a slow elevator. Whether you’re facing charges in Orange, Seminole, Osceola, Lake, Brevard, or Volusia County, you need a trial lawyer who knows how to fight a capias and keep you out of jail.

I’ve been navigating these courthouse lines since 1993. If you’ve missed a date or were “punished” for being late, let’s talk about getting you back on track.

Late for court or have a warrant? 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.