Charged with Theft at a Self-Checkout in Orlando? Understanding Your Defense

By: John Guidry II

The landscape of petit theft is changing in Florida, and the most common shoplifting allegations now arise from simple mistakes in the self-checkout lane. The convenience of scanning and bagging your own items at stores like Walmart and Target has created a new legal nightmare where an honest error can lead to a criminal record.

If you’ve been accused of shoplifting from a self-checkout, you know how frustrating it is. But to be convicted, the state must prove you intended to steal. This is a high burden for them to meet, and it forms the foundation of our defense.

Accused of Shoplifting at a Self-Checkout? An honest mistake shouldn’t ruin your life. Call my office to discuss your defense and how we can challenge the allegation of intent. Call John Guidry: (407) 423-1117

The “Self-Scan Defense”: Arguing Mistake vs. Intent

The entire case against you hinges on your state of mind. Did you deliberately fail to scan an item, or did you legitimately think you scanned it? This is what we call the “self-scan defense.”

Florida law doesn’t provide a magic number for how many unscanned items equal a crime. Common sense tells us that the more items you buy, the greater the chance for human error. Even professional cashiers make mistakes, and stores expect a certain margin of error. If your cart has 120 items and one is missed, that’s a very different situation than a cart with ten shirts where only three were scanned.

The Four Types of Self-Checkout Theft Scenarios

We are seeing four common ways these situations turn into criminal cases.

1. The “Non-Scan” (Most Common): A customer scans and pays for most of the items in their cart but fails to properly scan a few. Often, they are stopped at the exit. This is where the “self-scan defense” is strongest, as proving intent can be very difficult for the prosecutor.
2. The “Scan and Bolt”: A person scans every item in their basket but then leaves the checkout area without paying for anything. This is treated like a “dine-and-dash” and is much harder to defend.
3. Promotion and Coupon Theft: This involves fraudulently using coupons or promotions, for example, using a digital coupon multiple times when it’s meant for single use.
4. The “Scan Artist” (Barcode Swapping): This is a deliberate act where a person puts a counterfeit or different barcode over a more expensive item’s barcode to trick the scanner. While technology has made this harder, it still happens.

Behind the Scenes: How Store Loss Prevention Watches You

These large retailers have a sophisticated loss prevention strategy. They are likely watching you before you even enter the self-checkout area and have computer systems that flag “risky items” that are most likely to be unscanned. Sometimes, if they suspect a mistake rather than a crime, they will conduct a “soft play,” where an employee will approach you and say, “It looks like a few of these items didn’t scan properly, let me help you with that.” Other times, they will wait by the exit and have police already on the way.

You need a good local attorney to help you navigate a shoplifting or petit theft charge, especially these modern self-checkout cases. If your case happened in Central Florida, that’s where I’ve been defending these accusations for over 30 years. Feel free to give my office a call. I’m sure we can help you build the strongest possible defense.at’s where I’ve been defending these accusations for over 30 years, feel free to give my office a call, I’m sure we can help.

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.