Mercy, Malice, and the “Business Record” Trap

By: John Guidry

Not all cops are created equal. I have a friend in law enforcement (hard to believe, I know) whose version of justice involves flushing drugs down the toilet rather than ruining a life. Mercy exists.

But if you are reading this, you probably met the other kind of officer. Or worse, you met a Loss Prevention Officer (LPO). LPOs often seem to have the least mercy of anyone in the business. Maybe they missed their calling as true-blue police officers, or maybe they just enjoy the power trip. Whatever the reason, they are eager to stick it to shoplifters—sometimes effectively, and sometimes, as we see in Coates v. State, incompetently.

Charged with Grand Theft for shoplifting?

The difference between a felony and a misdemeanor often comes down to the rules of evidence. Call John today at (407) 423-1117.

The Legal Breakdown: Coates v. State

Let’s look at the case of Coates v. State, 2017 Fla. App. LEXIS 6176 (Fla. 4th DCA 2017). This case is a perfect example of how a sloppy prosecution can turn a felony conviction into a new trial.

• The Charge: Ms. Coates was a “shopper” at Home Depot who was caught putting items into her purse. The total value alleged was over $300 (which was the felony threshold at the time of this case).
• The Trial: The prosecutor needed to prove the value of the stolen goods to secure a Grand Theft conviction.
• The Mistake: Instead of using a record created at the time of the theft, the Home Depot “asset protection manager” created a price list four days before trial specifically at the prosecutor’s request.
• The Objection: The defense attorney argued this list was hearsay and did not qualify as a “business record.”

The Ruling: The appellate court agreed with the defense.

• Business Records Rule: To be admissible without a witness, a record must be kept in the regular course of business.
• Litigation Documents: A document created exclusively for prosecution days before a trial lacks the “indicia of reliability” required by law.
• The Result: The felony conviction was overturned.

John’s Takeaways

This case highlights why we fight over every single piece of paper the State tries to show the jury. Here is what you need to know:

• Value is Everything: In theft cases, the value of the items is the only difference between a misdemeanor (Petit Theft) and a felony (Grand Theft). If we can knock the value down—by proving items were on sale or challenging the price list—we can save you from being a convicted felon.
• “Business Records” Must Be Legit: Prosecutors love to use the “business records exception” to avoid bringing in witnesses. But as Coates proves, they can’t just cobble together a spreadsheet a week before trial and call it evidence.
• Loss Prevention Cuts Corners: LPOs are often untrained in the strict rules of evidence. They make mistakes. They create documents improperly. They violate rights. We find those mistakes and use them to your advantage.
• Legal Update (Important): Since the Coates case, Florida law has changed. The threshold for Grand Theft is now generally $750 (raised from $300). This means it is even harder for the State to stick a felony charge on a shoplifter, provided your attorney holds them to the correct math.

Don’t Let Them Inflate the Charges

The State counts on you not knowing the Rules of Evidence. They count on you accepting their “price list” without question.

If you are facing theft charges in Orange, Seminole, Osceola, Lake, Brevard, or Volusia County, you need a defense that checks the math and challenges the paperwork.

Call me at (407) 423-1117. Let’s review the evidence.

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.