The $500 Tie: Why “Fair Market Value” Isn’t What You Paid For It

By: John Guidry

Have you shopped on eBay lately? One seller has an item for $100, and another has the exact same thing for $300. Which price constitutes the actual “value” of the item?

As a general rule, victims in criminal cases are only entitled to be paid back the “Fair Market Value” (FMV) of the items stolen—not the “New” price.

• Why it matters: FMV determines the severity of the crime.
• The Line: Steal something worth $750 or more, and it’s a Felony Grand Theft. Steal something worth $749, and it’s a Misdemeanor Petit Theft.

The difference between a prison sentence and probation often comes down to a single dollar.

Did the prosecutor value your stolen item at the “Brand New” price?

That is legally wrong. Call John today at (407) 423-1117.

The Neiman Marcus Problem

I know what you’re thinking: “Isn’t the current price of an item its fair market value?” No. Current price tells us what a newer version costs.

• Example: Neiman Marcus sells ties for $375. If you steal a tie that the victim bought 3 years ago, is it still worth $375?
• The Reality: No. A used tie on eBay might be worth $20. You shouldn’t go to prison based on the Neiman Marcus price tag if the item is essentially a thrift store donation.

The Case: T.D.C. v. State (The Used Netbook)

To see how this works, let’s look at T.D.C. v. State, 117 So. 3d 809 (Fla. 4th DCA 2013).

• The Theft: A juvenile (T.D.C.) stole a Samsung netbook.
• The Cost: The victim bought it new for $265.
• The Condition: It was 10 months old but in “great condition.”

The Error: The victim couldn’t find a used one on eBay, so the Judge simply ordered T.D.C. to pay the full $265. The Judge reasoned: “Because the netbook was in new condition, the replacement cost would be the same as the original purchase price.”

The Ruling: The Appeals Court overturned the order. They ruled that the Judge failed to consider Depreciation.

“The trial court failed to deduce any evidence of fair market value at the time of the theft… We find the trial court abused its discretion.”

The Law: A 10-month-old computer is never worth the same as a brand-new one. Technology depreciates the moment you open the box. By forcing the defendant to pay the “New” price, the court violated the law.

John’s 2026 Update: Inflation & The “StockX” Defense

Note: In 2013, we argued about Netbooks. In 2026, we argue about Sneakers and iPhones.

1. The Inflation Trap (The $750 Threshold) In 2026, inflation has pushed the price of basic goods over the $750 Felony Threshold.

• The Danger: A used iPhone 15 or a pair of designer sneakers can easily be valued at $800 by police, triggering a felony charge.
• The Defense: We fight to prove the actual condition. A scratch on the screen or a scuff on the shoe can drop the value to $600, saving you from a felony conviction.

2. The “StockX” & “RealReal” Defense Police love to print out the “Ask” price from resale sites like StockX (for Jordans) or The RealReal (for purses) to prove high value.

• Our Strategy: We object. The “Ask” price is just a wish. We demand the “Last Sold” data. Just because someone wants $1,000 for a bag doesn’t mean it’s worth that. If the last 5 sold for $500, that is the Fair Market Value.

3. Digital Depreciation Electronics lose value faster than cars.

• The Rule: If you steal a laptop bought in 2023 for $2,000, in 2026 it might only be worth $400.
• The Receipt Trap: Prosecutors wave the original receipt like a smoking gun. We call it “ancient history.” We hire experts to testify on the Depreciation Schedule to ensure you only pay for what the item was worth on the day it was taken.

Don’t Pay “New” Prices for “Used” Charges

If the State is trying to charge you with a felony based on the price of a brand-new item, they are ignoring the law. Depreciation matters.

Call me at (407) 423-1117. Let’s find the real value.

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.