The “I Know It All” Judge: Why Blanket Policies Violate the Law

By: John Guidry

“The problem with ideology is if you got an ideology, you already got your mind made up, you know all the answers, and that makes evidence irrelevant and argument a waste of time.” — William J. Clinton

We all have that friend who thinks they have it all figured out. They know exactly how to fix the economy, how to coach the football team, and how you should live your life. It’s annoying at a dinner party. But when that person is a Judge, it isn’t just annoying—it’s illegal.

Our legal process relies on neutral referees who sort out evidence before making a decision. If a judge has already made up their mind before the hearing starts, they aren’t judging; they are dictating.

Did a judge refuse to hear your request for a lighter sentence?

They are required by law to listen. Call John today at (407) 423-1117.

The Case: Fraser v. State (The Mental Health Rant)

In Fraser v. State, 202 So. 3d 938 (Fla. 4th DCA 2016), we see what happens when a judge decides his personal philosophy is more important than Florida law.

• The Charge: Fraser violated his probation, which scored him mandatory prison time.
• The Defense: His attorney asked for a “Downward Departure” (a lighter sentence) based on Fraser’s mental health issues.
  • Note: Florida Statute 921.0026(2)(d) specifically allows a judge to go below the mandatory sentence if the defendant requires specialized treatment for a mental disorder.

The Judge’s Reaction: Instead of listening to the evidence, the judge launched into a detailed rant. He argued that mental defects account for the vast majority of criminal behavior, and if he gave Fraser a discount for it, he would be undermining “the very heart of how law operates.” Basically, he admitted that as a matter of policy, he does not like the mental health defense.

The Law: You Can’t Just “Opt Out” of Statutes

I know what you’re thinking. We have laws. The law dictates that mental health can permit a lighter sentence. Can a judge just decide, “Nah, I don’t like that law”?

No. The Appellate Court overturned Fraser’s sentence. They ruled that the judge’s refusal to consider a legally permissible sentencing option constituted Fundamental Error.

• The Rule: A judge must “consider a legislatively authorized sentencing option” and cannot refuse it “as a matter of policy.”

Other Famous “Policy” Failures: Fraser’s judge isn’t the only one to get caught saying the quiet part out loud:

• “I don’t do boot camp”: Overturned in Pressley v. State (2011).
• “I never depart on child porn cases”: Overturned in Barnhill v. State (2014).
• “No departures after a jury trial”: Overturned in Little v. State (2014).

If a judge has a “policy” that conflicts with the legislature’s options, the policy loses.

John’s 2026 Update: The “Silent Denial” & New Mental Health Laws

Note: In 2026, judges rarely rant on the record like Fraser’s judge did. They are smarter now.

1. The “Silent Denial” Problem Today, judges know that if they say, “I never grant this,” they will be reversed.

• The Trick: Now, they listen to our argument, nod politely, and say: “I have considered the motion, and based on the specific facts of this case, I am denying it.”
• The Defense: This makes it harder to appeal. However, we now use sentencing data. If we can show a judge has denied every single mental health motion for the last 5 years, we can argue they have a de facto policy against it, even if they won’t admit it.

2. The Law Got Better (Senate Bill 1030) Since Fraser, the Florida Legislature actually expanded the mental health departure.

• Old Law: You couldn’t get the departure if your mental issue was related to substance abuse.
• New Law: The “unrelated to substance abuse” language was removed/modified for many offenses. This means that “Dual Diagnosis” clients (those with both mental illness and addiction) are now fully eligible for help instead of prison.

3. Mental Health Court is Mainstream In 2016, mental health court was a niche option. In 2026, almost every circuit has a robust Mental Health Court diversion program. We often bypass the “Fraser” judge entirely by transferring the case to a specialized court that wants to help.

Don’t Let a Judge Pre-Judge You

If you have a valid legal reason for a lighter sentence—whether it’s mental health, addiction, or lack of criminal history—the judge has a duty to hear it. If they shut you down before you even start, we need to appeal.

Call me at (407) 423-1117. Let’s force them to listen.

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.