Criminal Defense
Since 1993
Since 1993
Should You Write a Letter to the Judge? (Spoiler: No)
By: John Guidry
I like to write—sort of. But there is a pit in my stomach every time I hear a defendant say, “I wrote a letter to the judge, explaining my situation.”
Really? That is the worst idea ever.
Remember that the people you are writing to—the judge, the State Attorney, etc.—are not on your side. Fortunately, you have a criminal defense attorney here to save you from yourself. Let’s talk about why putting pen to paper can land you in prison.
Thinking about writing a letter to the judge to “explain” your side?
Put the pen down and pick up the phone. Call John today at (407) 423-1117.
The Legal Breakdown: Courtemanche v. State
There are tons of cases where defendants have learned their lesson the hard way, but let’s focus on the case of Courtemanche v. State, 24 So. 3d 770 (Fla. 5th DCA 2009).
- The Letter: After entering a plea, the defendant decided to write a letter to the judge.
- The Problem: Later, the defendant decided to withdraw his plea and go to trial.
- The Consequence: At trial, the prosecutor introduced that “confession letter” to the jury. The defendant was convicted of Trafficking in Methamphetamine.
Why was this allowed? The defense argued that using the letter was an improper comment on his right to remain silent or part of privileged plea negotiations. The court disagreed.
The ruling was clear: Because the confession letter was not part of a formal plea deal (the defendant just wrote it on his own, without anyone asking for it), it was “unsolicited” and therefore admissible as evidence.
John’s Takeaways
Letter writing to the judge happens more often than you might think. It is always a bad idea.
- It’s a Confession, Not an Explanation: You might think you are explaining “why” you did something to get leniency. The prosecutor just sees a document where you admit you did it.
- No “Plea Negotiation” Protection: Statements made during formal plea bargaining with the prosecutor are generally privileged. Unsolicited letters you mail to the judge on a Tuesday night are not privileged. They are fair game at trial.
- The Judge isn’t Your Pen Pal: The judge is a neutral arbiter. They cannot have private communications with one side (“ex parte” communications). If you send a letter to the judge, they are legally required to give a copy to the prosecutor.
Don’t Do It.
Don’t do it. Don’t let your clients do it. Don’t let your friends do it. Have I covered everyone?
If you have something you feel the judge needs to know, tell your lawyer. We know how to present that information without handing the State a signed confession.
Call me at (407) 423-1117. Let’s do the talking for you.
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.