First-Time Shoplifting Charge in Orlando? How We Get Your Case Dismissed

By: John Guidry II

If you’re facing your first offense for shoplifting, what we call petit theft in Florida, I want to spread a bit of good cheer. The most important thing to know is that, in most cases, we can get this charge dismissed and keep your record clean.

Now, it’s important to be aware of the “Petit Theft Nightmare” scenario where stores use technology to file multiple charges, which I address in another article. But putting that aside for a moment, let’s focus on the good news: you have excellent options to make this go away.

Facing Your First Petit Theft Charge in Central Florida? A dismissal is within reach, even if the store objects. Call my office to discuss the best path to protecting your clean record. Call John Guidry: (407) 423-1117

Option #1: Pretrial Diversion (The Standard Path)

The most common way we get a first-offense shoplifting case dismissed is through a “diversion” program. Every county calls it something slightly different—Pretrial Diversion (PTD) or a County Diversion Program (CDP)—but the concept is the same.

• As your attorney, I negotiate your entry into the program.
• You pay a program fee, typically a couple hundred dollars.
• You complete a small number of community service hours.
• You attend an 8-hour anti-theft or “impulse control” class.
• Once you’ve completed these simple tasks, the State drops your case completely. It’s a beautiful thing.

Option #2: Pretrial Intervention (When the Store or Prosecutor Objects)

Sometimes, a store’s loss prevention team—your Walmart, Target, or Kohl’s—can be difficult. They can be angered by an interaction and tell the prosecutor they “veto” your entry into the standard diversion program. When that happens, do you lose your chance at a dismissal?

Wrong.

I recently had a client who was, admittedly, not very nice to the loss prevention officers who stopped her. But they were incredibly unprofessional with her. After they took her to their back room, she told them she urgently needed to use the restroom. They refused to let her for hours, to the point that she urinated on herself. To make it worse, they called over their friends to laugh and enhance her embarrassment.

When we got to court, the store and prosecutor refused to offer her diversion. So we used Option #2.

We filed for Pretrial Intervention. This is a similar program, but it allows us to go straight to the judge and bypass the objections of the prosecutor and the store. To get this, the judge may require some additional conditions, like attending 8-12 weeks of outpatient counseling. But the end result is the same: Case Dismissed.

If you’re accused of shoplifting in Central Florida—and by that, I mean Orange County, Seminole County, Osceola County, Brevard County, Lake County, or Volusia County—we defend petit thefts in all of these courthouses. There is almost always a path to a dismissal. We would be happy to help you find it. Just give our office a call.

If you’re not into reading and would like to learn more about shoplifting and petit theft in Central Florida, make sure you watch “Caught Shoplifting? Here’s What You Need to Do Immediately,” and check out “Caught Shoplifting at Self-Checkout? Here’s What You Need to Know.”

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.