Criminal Defense
Since 1993
Since 1993
“It Wasn’t Me”: Why the State Must Prove YOU Were the One
By: John Guidry
“Honey came in and she caught me red-handed… But she caught me on the counter (It wasn’t me) Saw me kissin’ on the sofa (It wasn’t me)…” — Shaggy, “It Wasn’t Me”
I’ve been defending criminal cases in Orlando since 1993, so trust me when I tell you that I’ve heard more than my fair share of clients tell me, “It wasn’t me.” And, of course, I believe them.
The “It Wasn’t Me” defense is actually a great legal strategy. The question is, how do you back it up? The good news is that you don’t really have to. It is the State’s burden to present the evidence. If they can’t prove you are the person who did the crime, you walk free.
Accused of a paper-trail crime you didn’t commit?
Identity is the hardest thing for the State to prove. Call John today at (407) 423-1117.
The Case: Dokun v. State (The Phantom Fraudster)
To see just how you can win with the “It wasn’t me” defense—without even presenting any evidence—let’s take a look at Dokun v. State, 79 So. 3d 190 (Fla. 1st DCA 2012).
The Charge: Public Assistance Fraud. Basically, these cases are paper trails that don’t match up.
- The Rules: If you receive welfare/benefits, you must report your income. If you earn too much, benefits stop.
- The Crime: Dokun was accused of working a job and earning money while “forgetting” to tell the government, thus collecting benefits she wasn’t entitled to.
The Evidence: The State proved three things effectively:
- A person named Titilayo Dokun applied for benefits.
- A person named Titilayo Dokun received the benefits.
- A person named Titilayo Dokun earned income that disqualified her from those benefits.
You might think, “Well, her name is on everything, she’s guilty.” Not so fast.
The Problem: Who Is That in the Chair?
Do you see the problem with this conviction? It is a classic Shaggy situation.
- Did the State present a witness? No one testified that the woman sitting in the courtroom was the same woman who filled out the application.
- Did the State have a photo? No video of her using the EBT card.
- Did the State have a fingerprint? No thumbprint on the paperwork.
The Ruling: Dokun’s conviction was overturned. The Appeals Court ruled that the State failed to “connect the dots” on identity. They proved a crime happened, and they proved someone named Titilayo Dokun did it. But they never proved that the Defendant in the courtroom was that person.
Really, this is no different than a worthless check case. Everyone knows the name on the check; the problem is proving who actually wrote or cashed it.
John’s 2026 Update: The Identity Theft Defense
Note: In 2012, identity issues were often about sloppy paperwork. In 2026, it’s about cybercrime.
1. The “Hacker” Defense Today, applying for benefits is done almost entirely online. This makes the Dokun defense even stronger.
- The Argument: “My client didn’t apply for those benefits. A hacker in a basement with a stolen Social Security number did.”
- Unless the State tracks the IP Address to your home router, or finds the login cookies on your phone, they have a very hard time proving you were the one behind the keyboard.
2. Biometrics and Cameras However, the State has gotten smarter.
- ATM Cameras: If you are accused of spending the benefits, they will pull 4K video from the ATM or the Publix self-checkout. If your face is on camera using the card, Dokun won’t save you.
- Two-Factor Authentication: If the login required a code sent to your personal cell phone, that links you directly to the crime.
3. The “Deepfake” Era We are now seeing cases where the defense argues that voice recordings or grainy videos are AI-generated deepfakes. This is the ultimate “It Wasn’t Me” defense for the modern age.
Don’t Help Them Prove It Was You
If you are being investigated for fraud, the police will try to get you to confess or identify yourself in photos to bridge the gap they missed in Dokun. Do not speak to them.
Call me at (407) 423-1117. Let’s make them prove it.
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.