“It’s Not a Crime to Be a Bad Businessman”: Why Your Contractor “Friend” Might Get Away With It

By: John Guidry

I hired a “friend” (yes, air quotes) to do my kitchen cabinets a few years ago. I overpaid because he needed the money. He screwed me over. I could have sued. I was angry enough to want him arrested. As my significant other will attest, I still harbor anger over this. Forgiveness books make it sound like a science—just follow the checklist and be healed—but it’s not that simple.

I didn’t press charges. But a homeowner in Miami did, and her case, Leggett v. State, 2018 Fla. App. LEXIS 701 (Fla. 3d DCA 2018), shows exactly why the criminal justice system often fails homeowners in these situations.

Did a contractor take your deposit and disappear?

You must send a specific letter to trigger criminal charges. Call John today at (407) 423-1117.

The Case: Leggett v. State (The Kitchen Nightmare)

The Facts: A homeowner hired carpenter Carl Leggett to remodel her kitchen.

• The Deal: She gave him a $2,250 check as a deposit. Work was to start in two weeks.
• The Reality: The check was cashed the same day. Leggett never showed up. No call, no show.
• The Charge: Leggett was arrested for Grand Theft and Contracting Without a License.
• The Sentence: A jury found him guilty, and the judge sentenced him to 5 years in prison (the maximum).

The Appeal: Leggett appealed, asking a simple question: Is this a crime? People break contracts all the time. If every contractor who missed a deadline went to prison, the construction industry would be empty.

• The Defense: Leggett argued this was a civil dispute (breach of contract), not a criminal theft. To be theft, the State must prove Criminal Intent to steal.

The Ruling: “Ordinary Civil Breach”

The Appellate Court overturned the conviction and ordered Leggett released immediately. Why? Because the State failed to prove two things:

1. The “Cashed Check” Hearsay The State tried to prove Leggett cashed the check by having the homeowner testify, “My bank told me it was cashed.”

• The Flaw: That is Hearsay. You cannot testify to what the bank told you. The State failed to call a bank witness or a handwriting expert to verify Leggett’s signature on the back of the check. Legally, they never proved he took the money.

2. Lack of Intent Even if he did take the money, failing to do the work is not automatically theft.

“The fact that Leggett failed to perform the work does not, alone, prove felonious intent… This is an ordinary civil breach of contract case.”

The Court was “dismayed” that the State even pursued the case. Leggett walked free.

The Solution: The “Statutory Demand Letter”

So, how do you prove a contractor intended to steal your money? You have to use Florida Statute 489.126.

• The Rule: If a contractor takes more than 10% of the contract price and fails to apply for permits or start work within 90 days, you must send them a Certified Written Demand to return the money or start work.
• The Trap: If they fail to comply within 30 days of receiving that letter, the law creates a Presumption of Intent.
• The Result: This shifts the burden. Now, the contractor has to explain why it wasn’t theft. If the homeowner in Leggett had sent this letter, the conviction likely would have stuck.

John’s 2026 Update: Zelle, Venmo, & The Digital Trap

Note: In 2018, Leggett won because of a check signature. In 2026, he wins because of “Terms of Service.”

1. The Digital Paper Trail (Solving the Hearsay) In Leggett, the State couldn’t prove he cashed the check.

• The 2026 Reality: Most deposits are now paid via Zelle, Venmo, or CashApp.
• The Good News: These apps provide an instant, verifiable digital receipt linked to the contractor’s phone number. We no longer need a handwriting expert to prove he got the money.
• The Bad News: Proof of receipt is still not proof of theft.

2. The “Civil Matter” Defense is Stronger Than Ever Police are increasingly reluctant to get involved in contractor disputes, calling them “Civil Matters” by default.

• The 2026 Strategy: Unless you have sent the Statutory Demand Letter (referenced above), police will likely refuse to file a report. They will tell you to sue in Small Claims Court. You must send the letter to force their hand.

3. “Disaster Fraud” & Unlicensed Contractors With the recent hurricanes, “Storm Chaser” contractors are everywhere.

• The Warning: If the contractor is Unlicensed, the “Civil Matter” defense often fails. In 2026, Florida law treats unlicensed contracting during a State of Emergency as a higher-level felony. If they aren’t licensed, we don’t need to prove they intended to steal—the act of taking the money is the crime.

Don’t Let Them Call It a “Misunderstanding”

If a contractor has walked off with your deposit, they are counting on you treating it as a bad business deal. We treat it as a crime. Send the letter, create the paper trail, and force the intent.

Call me at (407) 423-1117. Let’s draft the demand.

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.