The $5,000 Burger: Why a Misdemeanor Now Costs More Than a Felony

By: John Guidry

I used to think that paying less for something was a good deal. Lower price = better deal, right? Now I’m a bit older, and my position has evolved. It’s not always a good idea to go with the lowest price.

• The Analogy: One of my favorite restaurants is Bern’s Steak House. A friend says Outback does the same thing for half the price. I say Bern’s is a bargain at twice the price because of the Quality.

Pricing tends to be relative. But when the Government is the one charging you, we have a constitutional protection called the Eighth Amendment (No Excessive Fines). The Question: How can we tell if a fine is too expensive for the crime?

Did you get hit with a $5,000 fine for a misdemeanor solicitation charge?

The punishment doesn’t fit the crime. Call John today at (407) 423-1117.

The Case: State v. Cotton (The $5,000 Misdemeanor)

Cotton was convicted of Soliciting a Prostitute.

• The Crime: A second-degree misdemeanor (the lowest crime in Florida). Usually, this carries a max fine of $500.
• The Twist: Florida Statute 796.07(6) mandates a civil penalty of $5,000 for this offense.

Let’s put that in perspective:

• If you molest a child? No mandatory $5,000 fine.
• If you beat your wife? No mandatory $5,000 fine.
• If you holler at a street walker for $20 worth of sex? $5,000 mandatory fine.

Cotton’s trial judge thought this was insane and declared it unconstitutional. The State appealed.

The Ruling: It’s a “Modest” Amount

The Appellate Court reversed the trial judge and reinstated the fine. Their logic was frustratingly vague:

1. “Modest Amount”: The court agreed with the State that $5,000 is a “relatively modest amount by today’s standards.” (Maybe for the judges, but not for my clients).
2. The Felony Logic: They reasoned that because a third offense is a felony with a $5,000 fine, it must be constitutional to charge a first-timer the same amount.
   • My Critique: That is nonsense. That is like giving a first-time shoplifter a Life Sentence because that’s what a habitual offender would get.

The Result: The fine stands. Tie goes to the legislature. If they say the fine is $5,000, the courts will bend over backwards to uphold it.

John’s 2026 Update: The “Human Trafficking” Shield

Note: In 2016, we argued about proportionality. In 2026, the State uses “Human Trafficking” to justify everything.

1. The “Trafficking” Shield Why hasn’t this fine been overturned yet? Because the State argues that the money goes to the “Solicitation of Prostitution Trust Fund” to help victims of human trafficking.

• The Defense Reality: Because the money is earmarked for “victims,” no judge wants to be the one to strike it down. The $5,000 fine is now standard, and they will suspend your driver’s license if you don’t pay it.

2. The “Digital John” & Venmo Trails In 2026, solicitation rarely happens on street corners. It happens in DMs and on apps.

• The Evidence: Police don’t need to catch you in the car anymore. They set up fake profiles. If you send a $20 CashApp “deposit” to a decoy, that digital footprint is the proof of Intent.
• The Trap: We often see clients charged with “Solicitation” just for sending a text message with a price, even if they never met up.

3. “John School” is Mandatory In addition to the $5,000 fine, most counties now mandate a “Prostitution Prevention Class” (John School).

• The Cost: You have to pay for the class (approx. $300) on top of the fine and court costs.
• The Upside: Sometimes, if you agree to take the class upfront, we can get the prosecutor to drop the charge before you pay the $5,000. This is the Pre-Trial Diversion route, and it is the best way to save your money and your record.

Don’t Pay the “Stupid Tax” Without a Fight

The State treats this fine like a cash register. Don’t just pay it and plead guilty. A solicitation charge on your record is a “Crime of Moral Turpitude” that can ruin your career.

Call me at (407) 423-1117. Let’s try to divert the case.

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.