Criminal Defense
Since 1993
Since 1993
The “Personal Use” Defense: Why Buying Stolen Goods Isn’t Always “Dealing”
By: John Guidry
Storytelling is important. Books claim to teach it, but it’s more of an art than a science. I owned a recording studio for many years, and I learned that storytelling can make or break a recording artist.
- The Example: Otis Redding wrote “Respect” in 1965. It was great. But when Aretha Franklin sang it in 1967, she told a different story with the same lyrics. She owned it.
The Question: Do you think cops get tired of hearing everyone’s story? Everyone thinks they can talk their way out of a charge. Usually, this is a bad idea. But every now and then, the right story will get a case dismissed.
Did the police charge you with “Dealing” when you just bought something cheap?
Trafficking requires a transfer. Call John today at (407) 423-1117.
The Case: Rodriguez v. State (The Farm Chemicals)
Today we’re digging into Rodriguez v. State, 2017 Fla. App. LEXIS 19278 (Fla. 2d DCA 2017).
- The Sting: Rodriguez bought farm chemicals at a steep discount, knowing they were stolen. He didn’t realize the sale was a police sting operation.
- The Charge: He was convicted of Dealing in Stolen Property (2nd Degree Felony, max 15 years prison).
The Law: Dealing in Stolen Property is designed to catch “fencers”—people who redistribute stolen goods. To be guilty, you must:
- Traffick in (buy/possess) stolen property, AND
- Knowingly transfer it to another person.
The Story: When arrested, Rodriguez told the police: “I wasn’t going to resell them. I was going to use the chemicals on my own farm.” The State argued that using the chemicals on his farm was a form of “commerce,” so he was guilty. The jury agreed.
The Ruling: Personal Use is Not “Dealing”
The Second District Court of Appeals had major concerns with the prosecutor’s theory. They ruled that “Dealing in Stolen Property” was not designed to punish persons who steal for personal use.
“The gravamen of Dealing in Stolen Property is the prohibition against knowingly transferring stolen property to another… Rather it was designed to dismantle the criminal network of thieves and fences who knowingly redistribute stolen property.”
The Result: Because Rodriguez kept the chemicals for himself (even for his business), he never put them back into the “stream of commerce.” The Court threw out the conviction. Rodriguez told a good story, and because the State couldn’t prove he tried to resell it, the story saved him from a 15-year felony.
The Contrast: Pawn Shops (State v. Nesta)
Be careful. This defense does NOT work if you take the item to a Pawn Shop.
- The Rule: In State v. Nesta (1993), the court ruled that selling a stolen item to a pawn broker is dealing, because you are putting it back into the stream of commerce. Even if you stole it for yourself originally, the moment you pawn it, you become a “dealer.”
John’s 2026 Update: Digital Fencing & “Boosters”
Note: In 2017, Rodriguez won because he kept the items. In 2026, the laws have tightened to catch people who steal in bulk.
1. The “Facebook Marketplace” Trap In 2026, you don’t need a pawn shop to be a “Dealer.”
- The Update: If Rodriguez had listed even one jug of those chemicals on Facebook Marketplace or OfferUp, the “Personal Use” defense would fail. Listing an item online counts as “endeavoring to traffic.” We warn clients that your digital footprint (posts, DMs) is often the evidence that sinks this defense.
2. Organized Retail Theft (The “Booster” Laws) Florida passed strict laws in 2024 and 2025 to stop “Boosters” (people who steal in bulk).
- Aggregation: If you steal (or buy) multiple items that exceed a certain value or quantity, the State can charge you with Organized Retail Theft even if you haven’t sold them yet.
- The Presumption: If you possess a “commercial quantity” of an item (like 50 jugs of chemicals), the law now presumes you intend to resell them, shifting the burden to you to prove otherwise.
3. “Conspiracy” Charges Because the Rodriguez loophole exists, prosecutors now charge Conspiracy to Commit Theft alongside the Dealing charge.
- The Strategy: Even if we beat the “Dealing” count because you kept the item, the Conspiracy charge (agreeing to buy stolen goods) can still carry a 5-year sentence. We have to fight both fronts.
Don’t Let a Story Convict You
Rodriguez won because he told the right story to the police and the facts backed him up. But in today’s digital world, one wrong text message can turn “personal use” into “trafficking.”
Call me at (407) 423-1117. Let’s make sure your story holds up.
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.