Received a “Notice to Appear” in Orlando? Here’s What It Really Means

By: John Guidry II

If you’ve been given a “Notice to Appear” for a petit theft or shoplifting charge instead of being taken to jail, you might feel a sense of relief. But don’t be mistaken—your criminal case has officially begun, and it is every bit as serious as if you had been arrested.

A Notice to Appear forces you to go to court and face a judge and prosecutor alone. The process is stressful, and the document itself can give you the false impression that your charge isn’t a big deal. This is a dangerous misunderstanding.

Given a Notice to Appear for a Theft Charge? Your next step is critical. Call my office before your court date to protect your rights and your record. Call John Guidry: (407) 423-1117

The Hidden Catch: An NTA Still Counts as an “Arrest” on Your Record

This is the single most important thing to understand: even though you weren’t handcuffed or put in a patrol car, a Notice to Appear creates a public criminal history.

• The date of the incident on the notice is now considered your official “arrest date” on a background check.
• The charge immediately becomes public record.
• Your name and the theft charge will now be online for everyone to see—employers, neighbors, family, and anyone else who looks you up.

The good news is, we can erase this mess later. But first, you must handle the active criminal case correctly.

Your Next Step: Why You Must Hire an Attorney

One of the most common questions I get about a Notice to Appear is the obvious one: “What do I do next?” I know this sounds like a barber asking if you need a haircut, but the only smart answer is to hire an experienced defense attorney immediately. Here’s why:

• You May Not Have to Go to Court: In most of these cases, I can file paperwork that waives your appearance at the court dates. I go for you, saving you the stress, anxiety, and time off from work.
• We Can Fight for a Dismissal: As your attorney, I can negotiate with the prosecutor to get you into a diversion program. These programs are designed for first-time offenders and lead to a complete dismissal of your case.
• We Can Erase the “Arrest”: After the case is dismissed, we can file to have the entire record sealed or expunged, permanently removing it from your background check.

If you don’t hire an attorney, you absolutely must show up to court on the date listed on your notice. You will have to face the judge and prosecutor by yourself. The government is not your friend; do not trust them to help you through this ordeal. Get a good local attorney, and this can all be resolved properly.

Speaking of local attorneys, if your shoplifting situation happened in Orange, Seminole, Volusia, Lake, Brevard, or Osceola County, that’s where I’ve been defending petit theft cases for over 32 years. Feel free to give my office a call; we would be happy to help out.

And, if you’d like to watch some videos about shoplifting (rather than to continue reading!), check out my videos “Caught Shoplifting? Here’s What You Need to Do Immediately” and “Caught Shoplifting at Self-Checkout? Here’s What You Need to Know“.

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.