Shoplifting & Petit Theft, the Basics

By: John Guidry II

Here in Central Florida, we call shoplifting “petit theft,” so we use these words interchangeably. A petit theft charge here in Florida is a scary thing, let’s not forget that folks are going to jail on these charges depending on the judge.

Now, even though a petit theft can carry up to a year in jail (depending on the value), you’re probably not going to jail for very long. That being said, even a slap on the wrist jail stint is dreadful, right? And even worse, a shoplifting charge will absolutely kill all future employment opportunities. So, now that we have dispensed the usual disclaimers and told you all the scary things lawyers like to remind you of, let’s dig deeper into what’s involved with a shoplifting charge.

Shoplifting cases often involve video evidence. Walmart, for example, has at least four camera angles on each of their self-check out lanes, and high crime areas like the make-up and jewelry areas also have lots of cameras. We defense attorneys analyze this footage to see if it matches up to the claims of loss prevention.

The next consideration in a petit theft case is court dates, you’re going to have quite a few court dates. You’ll have an arraignment, you’ll have a pretrial conference, you’ll have a docket sounding, you’ll have a status conference, you’ll have a PNC. You don’t need to know the procedures for these hearings, because the good news is that, most of the time, you won’t need to attend these court dates so long as you hire an attorney. We attorneys waive these court dates for you, and that’s worth the price of admission right there.

Now, even though an attorney can get you out of most court dates, you may still have to do some classes and some community service to get this case dropped or resolved. The most common class you’ll need to complete on a Florida shoplifting charge is called the anti0theft class, or shoplifting impulse control class. The shoplifting class is 8 hours long, and it tells you not to steal (shocking, I know).

Finally, the most important step on a shoplifting case is that your attorney must seal or expunge this record so that no one can see it down the road. Attorneys will get your charges dismissed and you’ll think its over, but the record of this will still be there, so get it erased. Its worth it.

I’m John Guidry, if you’re facing a petit theft or shoplifting in Orange, Seminole, Lake, or Osceola County, give me a call, let’s I’m sure can help you out.

About the Author, 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.