The “Seinfeld” Rule: Why the Fine Print in Your Charges Matters

By: John Guidry

Remember that episode of Seinfeld where Elaine dates a gynecologist? She complains about his “lack of interest” in her, and the running joke was that since he saw women at work all day, Elaine couldn’t do much to pique his interest after hours.

As a defense expert, I feel the same way about crime TV shows. I deal with the nuts and bolts of the law all day—I don’t need to go home and watch a dramatized version of it. In real life, the most important aspects of a case are often the least dramatic. For example, the most critical document in your case isn’t a surprise DNA report—it’s a piece of paper called “The Information.”

In other states, they call it an “indictment,” but in Florida, the Information is the formal document that tells you exactly what the State is accusing you of. If the prosecutor messes up this document, even a “guilty” man can walk away from a 15-year prison sentence.

Facing trafficking charges in Orlando? The State must put you on “legal notice” of the exact weight they intend to prove. Call John Guidry today at (407) 423-1117 to see if your charging document is defective.

The Case of Juan Valera-Rodriguez: A 12-Year “Wiggle”

The case of Valera-Rodriguez v. State, 2020 Fla. App. LEXIS 5227 is a perfect example of why we scrutinize every word the prosecutor writes. Juan was caught in a classic “TV setup”—brokering a deal for a kilo (1,000 grams) of cocaine with a confidential informant.

Because of the weight involved, the judge was forced by law to hand down two 15-year minimum mandatory sentences. In Florida, “mandatory” means exactly what it sounds like—the judge has zero discretion to give you a lower sentence, no matter how “good” a person you are.

Cocaine Trafficking Tiers (2025 Update)

In 2025, the weight of the drug still dictates your life. If you hit these thresholds, the judge’s hands are tied:

Why Juan’s 15-Year Sentence Was Thrown Out

Juan appealed his sentence because of a “boring” technicality: Notice. The Information (the charging document) mentioned that Juan trafficked in cocaine, which legally means anything over 28 grams. However, the prosecutor forgot to write down the specific weight tier (400g or more) in the first count.

• The Defect: Because the Information didn’t explicitly state the weight was over 400 grams, Juan was never technically “on notice” that he was facing the 15-year tier.
• The Result: The appellate court ruled that without proper notice in the charging document, the State could only seek the lowest trafficking tier. His 15-year sentence on Count 1 was reduced to 3 years.

John’s Takeaways

• The Information is Everything: If the State wants to lock you up for 15 or 25 years, they have to “show their work” in the charging document. If they don’t allege the weight, they can’t impose the mandatory minimum.
• Informants are Everywhere: It is “sad but true” that so many “deals” in Orlando are set up by people working for the DEA or local police. In 2025, digital communication makes these setups easier than ever.
• No Judicial Discretion: In a trafficking case, the judge is basically a calculator. They look at the weight and hit the “sentence” button. Our job is to break the calculator.
• Failure of Proof: If the Information is defective, it’s a failure of proof regarding the “notice” requirement of the Sixth Amendment.
• Watch the Count: Juan still had a second count that stuck, but his case proves that a careful examination of the “boring” paperwork can save you over a decade of your life.

The justice system is harsh, and it is “insane” to think that a prosecutor’s typo can be the difference between 3 years and 15 years in prison. I’ve been defending the citizens of Central Florida since 1993, and I know that the “typical script” of a trafficking case always has a weak spot if you look close enough.

Whether you’re in Orange, Seminole, or Osceola County, don’t just look at the evidence—look at the charges.

Facing mandatory minimums? 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.