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John Patrick Guidry II
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John Guidry’s Answers

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  • How to remove a suspension from my driving record.

    I had a ticket for driving unknowingly with a suspended lic. I paid my fine and had my lic reinstated right away but now my insurance it through the roof anyway to have this removed. Most carriers say they check back 5 years to see my I had a susp...

    John’s Answer

    There is something you can do about this, but what you can do depends upon the expertise of your local attorneys. In some counties, judges are willing to permit you to withdraw your plea for driving while license suspended when the plea was entered without knowledge of the consequences. I've done this for many clients in Central Florida. However, this is very localized plea to the court, and you'll have to call around to local attorneys to see if anyone has done this before. If they have, hire them. Good Luck,

    John Guidry, Esq.

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  • How can I have my son moved from a county jail to a medical facility he needs medical attention asap

    how can I have my son moved from a county jail to a medical facility he needs medical attention asap. we need a civil rights attorney to assist us

    John’s Answer

    You should have your son's attorney reach out to the jail's medical staff. While it is true that outsiders cannot force the jail to move a prisoner, it can help your son to have written documentation from his lawyer that his medical needs are not being met. I have had doctors write letters to the medical facility, and that can help as well. Bottom line here is that, even though you don't have much power to force these folks to do something, you can create a paper trail that may concern the medical staff enough to actually start acting!

    Good Luck,

    John Guidry, Esq.

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  • If the state refiles, will it be the original charges and statements? Should a motion to dismiss be filed due to age of case

    Currently on trial for vehicular homicide and reckless driving. A judge ruled the case a mistrial citing numerous discovery violations, witness suppression and destruction of evidenced from the state. Showing prejudice, and preventing the defense...

    John’s Answer

    The state can make any sort of filing decisions they choose. It is their lawsuit, after all. That being said, it would be foolish to make filing decisions that fly in the face of previous court rulings.

    The age of the case is a very complex matter, one that cannot be addressed in a free forum such as this. You should consult your attorneys regarding the time limits here. Obviously, given the fact that the case is 4 years old, you probably waived your right to a speedy trial years ago. That being said, you also have a constitutional right to a speedy trial, and you should discuss this option with your attorney, because constitutional speedy trial rights incorporate the very issues you've discussed above.

    On a matter this complex, you should either listen to your current attorney, or hire a second attorney for a second opinion. Believe it or not, there are attorneys out there that deal in second opinions. On a case like yours, obtaining a second opinion will not be cheap, but may be worth it. Good luck,

    John Guidry, Esq (Orlando)

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  • What is the likely outcome with a public offender vs. hiring an attorney

    My brother was placed on probation for unemployment fraud in 2012. In 2013 he committed a Pety theft my assumption is that he was extended for probation since he got out. Recently he once again committed a Pety theft charge and has been arrested f...

    John’s Answer

    If you are unsure as to whether or not to hire a private attorney or a public defender, you should simply stay with the public defender and see what they have in store for you. As previously stated, PD's are excellent attorneys (I was one for 8 1/2 years, most of the people answering your questions were PD's at one point). The quality of representation varies greatly, so the only way you're going to figure this out is to start by interviewing your brother's public defender. Go to your brother's meeting with the public defender. If you are not convinced at that point as to the PD's suitability for your brother's case, then shop around for private counsel. Do your homework on this issue. Read reviews, check to see how long they've been practicing. Make sure you hire someone from that town, who has practiced in front of that judge.

    Good Luck,

    John Guidry, Esq (Orlando)

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  • If the lab tests were cancelled,how do I find out if the police can get any results for a dui case?

    Was transported to the hospital for.altered mental state as possible glucose problem.Was found.asleep in my vehicle, motor running. Refused treatment at the hospital and was released. All labs were cancelled. I pulled my hospital record and no ...

    John’s Answer

    As mentioned below, it may be that an attorney would have to discover the evidence should a case be brought. Florida State Troopers, sometimes, have their own blood kits for DUI's, and their own people (sometimes) test this blood -- in addition to any testing that may have been done by the hospital itself. If this was the case, it will be difficult for you to obtain the results from law enforcement. These results can take quite a while, and the suspense may build because there's no way for you to speed up their process. Good Luck,

    John Guidry, Esq. (Orlando)

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  • What can I do?

    I have an audio recording of my boss threating my life.

    John’s Answer

    Typically, a threat of violence is what we call an "assault", and the severity of an assault depends upon what harm is threatened (in this case, murder), and the weapon itself (so, if you point a gun at somebody, its assault with a firearm, etc etc).

    You should report this to the police, obviously. Also, you should consider the legal ramifications of who recorded the audio, to figure out whether or not that audio recording was legal. As you know, it is not always legal to record citizens. However, as a practical matter, the violence threatened far outweighs any legal problems that could arise from the recording itself.

    The third thing you may wish to do is file for an injunction against violence. Typically, an injunction is granted for "repeat" violence, so if this audio recording is the only threat ever made, it may be more difficult to obtain an injunction to keep this violent person away from you. Good luck, act fast.

    Kindly,
    John Guidry, Esq. (Orlando)

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  • How to get a misdemeanor on my record sealed or expunged?

    I was arrested in Jacksonville Florida for prostitution in 2009. I want to know how I can get it sealed or expunged because it is so embarrassing and it is ruining my life. Please help me!

    John’s Answer

    I don't want to rehash all the excellent answers to your question regarding how to seal a record, but I do want to address something you said about your case--that it has embarrassed you and ruined your life. Now, this is a major concern, no doubt, but I would want to know more about how people have been able to discover your case.

    You see, the problem with criminal charges these days is not necessarily the clerk's system revealing to everyone your 2009 allegations--but rather--it may be the google searches that are causing the embarrassment here. If your mugshot is still online, or any other aspect of your case is still online, you should contact those people to discover if there is any way you can have it removed. The simple fact is, most folks out there are not conducting "traditional background checks". They are simply doing a Google search.

    Check your google search. What is coming up about you? If you don't like what you see, I suggest you hire a web reputation management company to bolster your web reputation. Now, there are plenty of shady web reputation companies out there, so be careful. Do your homework. That being said, you can recover from this! I've been doing criminal defense since 1993. I had a client that went to prison for raping a child (horrible, I know). When he got out, even though he is a registered sexual predator, this did not deter him. He now owns 4 beach homes, plus a mansion here in Orlando. How did he do it, with that sort of background? It was tough, but he was determined to not let his prison past define him. If he can overcome his criminal past--I know you can do it too!

    Take Care!

    John Guidry, Esq.

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  • What is the successfulness or likely my son will win

    Hi my son committed three robberies netted 20 yrs with sex batt. Attempt 8/2010. He wants to file commutation to see if he can get a reduction. He took a plea. Will it be wise for me to get a lawyer?

    John’s Answer

    • Selected as best answer

    If your son entered a plea agreement to the 20 years, I'm not sure why any judge would disturb the plea agreement. In Orange County, there are several judges that won't even terminate probation early if the defendant entered a plea on the case. So, without a legal reason, I'm not sure an attorney is necessary.

    Now, an attorney may be necessary for other reasons. For example, maybe there are some "post conviction" motions that can be filed regarding how your son's case was handled by his attorney. That being said, by Orange County standards, it sounds like 3 robberies and a sex battery would result in AT LEAST a 20 year sentence (without knowing more, of course).

    So, if you're going to talk with some attorneys, make sure you're talking to attorneys who handle "post conviction relief". There aren't many out there, so your search may take a while. These are the folks that can tell you whether or not your son has any legal grounds to reduce a sentence he willingly entered into.

    Good Luck,
    John Guidry, Esq.

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  • Is a citiation from the florida department of health for alleged counseling without a license a criminal offense with a record?

    I have had an online counseling website for 15 years providing life coaching, and counseling and advice based on new age spirituality(originally in a foreign country, in US for last 6 years). I do not have a license for mental health counseling i...

    John’s Answer

    Does your document says "Florida Health" at the top center, and below that "Notice to Cease and Desist" (under that you'll find "Department of Health Complaint # 2015 x x x x)?

    If so, you're not dealing with a criminal accusation--this is a civil action brought by the Department of Health. Yes, this can turn into a criminal investigation, so I strongly suggest you hire an attorney that handles matters before the Department of Health. The reason you should hire an attorney at this state is pretty simple--you want to squash this before it spirals out of control into a criminal accusation.

    Here's the thing: It is up to your attorney to convince the Department of Health that you're not practicing any sort of mental health counseling, and until you beat them at a hearing, they're not going to leave you alone. And, you may learn a lot by hiring an attorney and going through this process. For example, it may be that what you're doing is legal--but your website's claims may cross the line in various ways. This litigation may end in a compromise, in which your website is modified to conform to Department of Health requirements.

    I think an attorney is mandatory. Now, someone that deals in these matters can be tough to find, so when you're shopping around, make sure this attorney has handled matters before the Department of Health. Good Luck in your quest!

    Kindly,
    John Guidry, Esq.

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  • Am i obligated to finish payments on a bond after all charges were dropped and the case dismissed.

    The bond was set at $15,000. An agreement was made with the bondsman to where I can pay $500 of the 10% upfront, and make payments on the remaining thousand. $300 has already been paid. I'm trying to find out if I should still be obligated to tho...

    John’s Answer

    Your contract with the bondsman probably has little to do with how the prosecutor handles the case. You hired an insurance company, and you must pay for that insurance, regardless of the outcome. I can't ask for a refund on my car insurance because I didn't crash this month/year....

    Take Care,
    John Guidry, Orlando

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