“She Wasn’t Real”: When Police Lies Go Too Far (and When They Don’t)

By: John Guidry

Our government is constantly pretending to be something it’s not in order to catch would-be criminals. The Problem: Have you been on the internet recently? Everyone is pretending to be someone they are not.

• Dating Sites: Everyone is 5 years younger and 10 pounds lighter.
• LinkedIn: Everyone is a “Vice President” or “Visionary.”
• The Government: They have teams of highly paid detectives sitting in front of screens, pretending to be underage girls or corrupt fences.

Did you get caught in an undercover sting where the “victim” or “stolen goods” were fake?

Entrapment is complex. Call John today at (407) 423-1117.

The “Legal Lie”: Dealing in Stolen Property

Sometimes, lying is perfectly legal for the police. The Door-to-Door Sting: In a recent Orange County MBI (Metropolitan Bureau of Investigation) operation, undercover cops went door-to-door in poor neighborhoods selling “stolen” cigarettes.

• The Target: An 80-year-old man who didn’t even smoke.
• The Push: The cop pushed until the man bought a few cartons for his son.
• The Arrest: He was charged with Dealing in Stolen Property.

The Kicker: The cigarettes weren’t actually stolen. They were police property.

• The Law: You can be convicted of Dealing in Stolen Property if you believe it is stolen, even if it isn’t. The government’s lie became the truth in court.

The Limit: Pamblanco v. State

Fortunately, there are limits to how much “pretending” the government can do. One such example is Pamblanco v. State, 111 So. 3d 249 (Fla. 5th DCA 2013).

The Facts: Pamblanco was texting a girl named “J.G.” who claimed to be 12 years old.

• The Reality: “J.G.” was actually her mother, and later a detective.
• The Texts: The conversation turned sexual. Pamblanco requested a meeting and sexual acts.
• The Charge: He was convicted of Solicitation of a Child under 16 to Commit a Lewd Act (F.S. 800.04).

The Defense: Pamblanco’s lawyer argued a technicality: The victim wasn’t actually a child.

• The Statute: F.S. 800.04(6) requires that the victim is under 16. It does not say “or is believed to be under 16.”
• The Argument: It is Legally Impossible to solicit a child if no child exists.

The Ruling: Belief vs. Reality

The Appeals Court overturned the conviction. They agreed that for this specific charge, the victim must be real.

• The Reasoning: Other statutes (like “Traveling to Meet a Minor”) explicitly say “a person believed to be a child.” This statute did not. Therefore, the Legislature intended for it to apply only to real children.

“It is not enough a defendant believes the victim is under sixteen… We vacate Pamblanco’s conviction for solicitation.”

The Catch: Pamblanco didn’t walk free. He was still convicted of Traveling to Meet a Minor and Unlawful Use of a Two-Way Communications Device—because those statutes do allow the government to lie.

John’s 2026 Update: AI Stings & The “Attempt” Workaround

Note: In 2013, Pamblanco found a loophole. In 2026, prosecutors have plugged it.

1. The “Attempt” Charge Workaround Prosecutors learned from Pamblanco.

• The 2026 Strategy: If the “victim” is a detective, they now charge Attempted Lewd & Lascivious.
• Why: Under Florida law, you can “Attempt” a crime even if it is factually impossible to complete it (e.g., shooting a dummy thinking it’s a person). This bypasses the “Actual Child” requirement.

2. AI & Deepfake Stings In 2013, detectives had to type the texts manually.

• The Tech: Today, police use AI Chatbots and Deepfake Photos to generate realistic personas on social media.
• The Defense: We focus on Entrapment. If the AI was programmed to be hyper-aggressive in soliciting the crime (pushing you when you tried to say no), we argue that the government created the crime rather than just detecting it.

3. “Traveling” is the Trap The “Traveling to Meet a Minor” statute (F.S. 847.0135) remains the prosecutor’s favorite weapon.

• The Danger: It explicitly covers “believed to be a minor.” Even if you never meet anyone, simply driving to the location (the “overt act”) is enough for a felony conviction.

Don’t Talk to “Underage” Profiles

The internet is a minefield of government lies. If you are chatting with someone who claims to be underage—real or not—you are walking into a trap that is very hard to escape.

Call me at (407) 423-1117. Let’s analyze the chat logs.

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.