14 Years in Prison for Shopping at Publix? The Impossible Burden of the Homeless Sex Offender

By: John Guidry

I enjoy writing these articles, but I have marketing overlords that demand “relevant” content. What they mean by “relevant” is: Write to someone who can actually afford to hire you. This article is my tiny act of marketing defiance. It is about homeless folks who are harassed by sex offender task forces. Yes, I am virtue signaling within three sentences (it usually takes me a couple of paragraphs).

It is hard enough being homeless. It is even harder being a homeless sex offender. The designation “Sex Offender” often leads directly to the designation “Homeless.” It is a sad, self-perpetuating cycle.

The Reality: We live in a world where actual rapists get 10 years for their horrendous crimes. But if you mess up your paperwork? You can get 14.8 years.

Are you facing a “Failure to Register” charge because you had nowhere to go?

Homelessness is not a crime. Call John today at (407) 423-1117.

The Case: Demus v. State (The Paperwork Felony)

Mr. Demus was released from prison in Broward County.

• The Obligation: As a sex offender, he had to register with the Sheriff and DMV within 48 hours of establishing a residence.
• The Arrest: Several months later, he was arrested for Failure to Register.
• The Sentence: The jury found him guilty. The Judge gave him 14.8 Years in Prison.

The Evidence (or lack thereof): The State presented ONE witness: An FDLE employee. She testified:

1. Demus is a Sex Offender.
2. Demus never registered in Broward County.
3. She had a “tip” he was in Broward, and she saw a video of him shopping at a Broward grocery store.

The “Ed Leinster” Rule: Read the Instructions

My old paralegal, Ed Leinster, was the smartest lawyer I ever met. He taught me a crucial lesson: Always look at the Jury Instructions. To convict Mr. Demus, the State had to prove three things beyond a reasonable doubt:

1. He is a sexual offender. (Proven).
2. He established a residence (permanent, temporary, or transient) in Broward County.
3. He knowingly failed to register within 48 hours after establishing that residence.

The Missing Link: The State proved #1 and #3 (he was an offender, and he didn’t register). But what about #2? Did they prove he lived in Broward?

• The “Publix” Defense: The State argued that because he was seen on video shopping at a grocery store in Broward, he must live there.
• The Reality: I shop at Target. That doesn’t mean I sleep in the bedding aisle.

The Ruling: Shopping is Not Residing

The Appellate Court overturned the conviction and vacated the 14-year sentence. They reasoned that a video of someone shopping in a store does not prove they reside in that county.

“The State was required to prove that appellant had failed to report within 48 hours of establishing a residence… The State failed to prove that element. She offered no evidence that he had established any type of residence in Broward.”

The Lesson: To prove this crime, the State usually needs a landlord to say, “He moved in,” or a new tenant to say, “He moved out.” Without that, they cannot prove you “established a residence.” If you are homeless and moving constantly, it is incredibly difficult for them to pin this charge on you—if you have a lawyer who reads the instructions.

John’s 2026 Update: GPS & The “Transient” Trap

Note: In 2019, they couldn’t find Demus without a tip. In 2026, the phone in your pocket tells them everything.

1. The “Transient” Reporting Trap Florida law has become brutal for the homeless.

• The Old Way: You registered as “Transient” every 30 days.
• The 2026 Reality: Transients in many jurisdictions must now report weekly or even use a GPS Check-In App to verify their location.
• The Trap: If your phone battery dies, or you miss a check-in because you have no data, they issue a warrant for Failure to Register. We defend these cases by proving “Impossibility of Performance” (you can’t report if you have no resources).

2. AI Facial Recognition In Demus, they relied on a grocery store video “tip.”

• The Tech: Today, AI cameras on streetlights and police cruisers scan faces automatically.
• The Defense: If the State claims you “reside” under a bridge because the AI saw you there 3 nights in a row, we argue that sleeping is not residing. Florida law defines residence specifically; napping in public does not automatically trigger the 48-hour residency clock in a new county.

3. “Exclusion Zones” & Digital Banishment Many cities have created digital “Exclusion Zones” (parks, schools, bus stops).

• The Fight: If you are homeless, these zones often cover the only safe places to sleep. We are currently fighting constitutional battles arguing that if the State bans you from everywhere, they cannot punish you for being somewhere.

Don’t Let Them “Guesstimate” Your Residence

The State tried to put a man in prison for 14 years because he bought groceries. They failed because they couldn’t prove where he slept. Don’t let them guess you into a prison cell.

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.