The Petit Theft Hidden Nightmare

By: John Guidry II

I want to talk to you real quick about a petit theft nightmare scenario that we defense attorneys have been running into of recent.

Now, this nightmare scenario is created by technology. So, let me explain what is happening here. This may not apply to a lot of you, so, turn the video off if it doesn’t apply to you.

Let’s start with a simple fact pattern. Somebody goes to Kohl’s, Target, Wal-Mart, Dillard’s, a big store. This is only happening in big stores. And, they get caught stealing. And, sometimes they get arrested and taken to jail, or sometimes you get the citation.

You think this is over. But its not over. Because, loss prevention is taking your information from that theft that day–going into their little room, and they’re rewinding the tape.

They now have tape 9 months back, 6 months back, from their store. And they’re using facial recognition software to say “hey, did this gal steal from us 4 months ago?” Our software says she’s been in the store 14 times in the last 9 months. We’re going to watch her walk in, we’re going to watch everything she does while she’s in our store from 6 months ago, and we’re going to see if she paid for everything.

Well, guess what’s happening? We’re seeing more and more and more criminal charges. Piled on top of each other.

So, there are ways to fix this.

But, you’ve got to tell your attorney that you’ve got a history with that store. Because, we can avoid some of the trouble that’s coming. I see these folks that don’t have an attorney and all of the sudden their life is wrecked with multiple arrest upon arrest upon arrest, as they dig out. They’re like playing poker with these things. They’re not gonna just jump out and tell you the next day “Hey, we saw that you stole from us three months ago.” No, they kind of play their hand a little and its really not fair, quite frankly.

But, we attorneys get to come in and make it fair. And we can make it fair. We can fix this situation but it can be a nightmare if nobody knows about it and you’re not represented and you’re not defended properly. So, make sure you get yourself a good attorney. Make sure that everybody knows (on your defense team) “this is what I’ve been up to”, so that we know how to fix 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.