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John Patrick Guidry II
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John Guidry’s Answers

744 total


  • Does a probable cause affidavit go on your record? Do I have a criminal record?

    There was a big misunderstanding and I received a probable cause affidavit for trespassing. I was notified to go to teen court because of this, as well. Upon doing a little bit of research, I read that Teen Court allows for first offenses to not g...

    John’s Answer

    Technically, there is a "record" of everything in your criminal case. But, because the case is in juvenile court, it is likely that most of this record will not be accessible to the public (juvenile records are considered confidential). So, yes, there is a "record", but generally speaking--no one is going to be able to see this probable cause affidavit. Take Care.

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  • How long would one get for criminal mischief in the 3rd degree?

    I know they say technically 7 years but I've known many people that have gone to court/jail and never really did the full time of any charge.

    John’s Answer

    You must must must must must contact a local criminal defense attorney that knows the judge assigned to the case. Sure, everyone here can tell you that the law states the maximum sentence is 5 years prison. Big deal. You don't want to know the max, you want to know what may happen under the facts. For that level of detail, you should contact a local defense attorney that knows the judge. Plain and simple.

    A good lawyer knows the law. A great lawyer knows the judge. Get yourself a great lawyer.

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  • Do I have a criminal record? Will I be able to get into a good college?

    I made a terrible mistake and I received a trespassing citation. As this is only my first and only offense, I have been reffered to the teen court program. I have been conducting research and I have read that by completing the teen court program, ...

    John’s Answer

    First of all, you should complete the teen court (obviously). This will cause your case to be dropped. But, that's not the end of the story. You should also have your record "expunged" after it is dropped. That will help as well. But, that too is not the end of the story. Finally, you should have your expunge papers sent to the various background check database firms--and force them to remove your incident from their database (there are approximately 42 databases in the United States who may/not have your information).

    Having said all this, I represented a client on a petit theft while he attended a Florida university. He didn't have time to have the case expunged, yet he was still accepted to Harvard's law school--no questions asked. So, if an adult charge of petit theft (not expunged!) can still get you into Harvard's law school, I'm sure a juvenile trespass will not stop you from getting into any school in the country!

    Good Luck.

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  • Is the Kehoe test a good defense for a DUI case ?

    A friend of mine was charged with suspicion of DUI because of an illegal turn, however it turns out t his attorney was able to get a video footage of a nearby building, and it clearly show that my friend didn't not make an illegal turn. I have bee...

    John’s Answer

    A couple things to consider. Don't get caught up in terminology. This issue is not referred to as the "Kehoe Test". Second, don't get caught up in whether or not the officer "lied". Yes, officers lie all the time, but proving a "lie" is difficult. We don't need to prove the officer lied, we need only show that a "reasonable officer" would not have stopped your friend's car for an illegal turn if the turn was perfectly legal. Name calling is unnecessary, and judge's are elected officials--so they'll shy away from conclusions that state "this officer lied." I have no doubt that, once your friend's attorney files a Motion to Suppress, this case will not even make it to the motion hearing. It will probably be nolle prossed (dropped) once the prosecutor views the video showing a perfectly legal turn. Take care.

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  • In Florida, does an attorney (criminal defense) have a or any duty to inform the client he or she doesn't believe him?

    When client (defendant) supplies information he or she construes as fact, does the attorney have to say anything if the attorney doesn't believe it? Is that violation of any Bar rules? It's an etiquette violation but is it an ethics' violation? Th...

    John’s Answer

    This issue is pretty common on appeal, in what we call matters involving post conviction relief. Basically, once a client has been found guilty of a crime, that client may appeal any legal issues in the case. Once that appeal is lost, the client may then claim "ineffective assistance of counsel" (pursuant to Rule 3.850).

    Now, your question directly relates to zillions of appeals regarding the ineffectiveness of an attorney who refuses to pursue matters that the client shared with the attorney. I HIGHLY RECOMMEND that this person make his request IN WRITING. By having this request in writing, a future appeals court will be more inclined to believe that the request was made of the attorney, and the attorney failed to follow through. Without proof, the attorney may simply claim that he/she was never told to investigate x, y, or z.

    Take Care.

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  • What Are An Inmate's Defenses Against Allegation of Assault on an Officer?

    The inmate is currently awaiting a disciplinary hearing and is being charged with assault on an officer. A confrontation happened in a bathroom when the officer suspected contraband on the inmate. The officer choked the inmate, dragged him out the...

    John’s Answer

    There are probably plenty of witnesses to this so called battery on a law enforcement officer. And, I know what you're thinking--whoever goes against this corrections officer will probably face retaliation, right? Well, the beauty of this is, that some of these folks are going to be released soon. I would have an attorney do a public records request for a list of all the inmates located in that "pod" on the date & time of the incident. Surely, some of these potential witnesses will be out of jail by the time you get the list. Defending this case is going to take a bit of investigation, but there are probably a few former inmates out there willing to tell the truth as to what happened. Good Luck!

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  • Misdemeanors expunged, spouse is an RN, does DOH need to know details?

    My spouse had two misdemeanors (reduced from two felonies), related, and subsequently expunged. However, my spouse is an RN, and we wished to know if we need to disclose this now. Our attorney on the cases advised us since there was no convictio...

    John’s Answer

    As a general rule, you will find that if you are in a career that requires state licensing, it is likely that you will be required to disclose an expunged case. The seal/expunge statute indicates that any applications made with the Agency for Health Care Administration require disclosure. And, as mentioned above, there are attorneys that handle these sorts of issues, they can be of great service.

    Take Care.

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  • Family member incarcerated, being denied HIPAA forms, medical care, and other information.

    He has been in isolation for months, without explanation. Has been hospitalized and prescribed medications for chronic condition. Jail medical staff has continually refused HIPAA, evasive in telling him what's going on. Jail physician visited, bas...

    John’s Answer

    • Selected as best answer

    You may need to get several attorneys involved in this case. First, I would get his criminal defense attorney involved immediately so that this attorney can do a public records request regarding all of the medical records/treatment he has received at the jail. The jail, as you know, will be reluctant to turn this stuff over, but they will do so if your family member provides a proper release. I just had to do such a thing a few months ago for a client of mine.

    Now, it may take several weeks or a month to obtain these records. Once your attorney obtains the records, I would have them reviewed and compared by a personal injury attorney to see if there is a lawsuit brewing for failure to provide adequate medical attention. You may be able to start this process without obtaining the jail's medical records, so I suggest you attempt to do so.

    What amazes me about this is the fact that our jail system seems to consistently ignore the medical problems of the folks under their care and supervision. They are the constant target of lawsuits, they constantly lose these suits--and yet their behavior remains unchanged!

    I would also have your defense attorney do a public records request of the names of all the inmates and attorneys who have sued the jail for medical issues--or threatened to sue the jail. I would want a list of all of the cases that the jail has settled with inmates for medical issues. Again, this is going to take some time, but it's worth it.

    Good Luck!

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  • Can an attorney get a no contact order lifted any faster?

    DA is dropping the case, and I have written the letter they told me to requesting it being dropped. Still, it has been over a week. The DA is taking their time with the paperwork and the judge has not even seen the letters. It was not requested, t...

    John’s Answer

    Also, it may be a good idea to simply call the clerk of court to check on the status of the case, because often times, the online services provided by the clerk may lag several days behind. If all you're doing is checking the clerk's system online, it may be that your request has already been granted. And, of course, it always helps to have an attorney fighting to get things done quickly. If you don't have someone helping out, these things can drag on for weeks, even months.

    Take Care.

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  • I can only afford a an attorney from the state is that going against me?

    I was just put on probation for tampering with evidence this would of been my 3 rd month on it, and I was just arrested for defrauding a pawn broker my probation officer just called me to see her tomorrow she said to sign papers am I going to be r...

    John’s Answer

    Violations of probation (VOPs) are very interesting in that they are almost entirely dependent upon the judge. Now, when you ask out of town attorneys what is going to happen on a violation of probation, we just can't answer properly because we don't know the judge you'll be dealing with.

    Here in Central Florida, I've had judges in cases like yours simply re-instate the probation because some judges do not consider tampering with physical evidence to be all that serious of an offense. In many cases, a tampering charge is just a misdemeanor weed charge that was transformed into a felony. That's a weak tampering case, and some judges will recognize this and not hit you too hard on a violation. Other judges may get a bit more serious. Really, your best option is to immediately contact the clerk of court to find out who will be your assigned judge on the violation of probation.

    Once you figure out who the judge will be, you'll need to contact the public defender's office and speak with someone in that division. If you're super extra motivated to figure out what might happen (and, assuming you don't have a warrant for your arrest), you may wish to visit this judge's vop status hearings. See for yourself how many folks are being reinstated versus sent to prison. And, most importantly of all, being in court may give you a good opportunity to speak to a public defender (many of them do not have the time to answer general questions over the phone, so catching them in person may work out for you).

    Good Luck!

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