Is Technology Creating “Serial Shoplifters”?

By: John Guidry

There are plenty of legends surrounding wealthy people. We assume they are happier and smarter, even though studies (and real life) often prove otherwise. Intelligence doesn’t always lead to wealth—just look at Christopher Langan, the smartest man on Earth, who worked as a bouncer.

But while high IQ doesn’t always equal high tech, the tech world has certainly changed the game for criminal defense.

I really like Apple products, and the legend of the iPod is a perfect example. Steve Jobs wanted a device to hold thousands of songs, but he had to wait until Toshiba invented a tiny hard drive with massive storage. That hard drive revolutionized music.

Unfortunately, that same hard drive technology is now revolutionizing how the State charges you with theft.

Caught shoplifting and worried about past incidents?

Don’t wait for them to “rewind the tape.” Call John today at (407) 423-1117.

The Legal Breakdown: The “Rewind” Effect

Back in the day, security cameras were either viewed live or recorded on VCR tapes that were erased every few hours. If you got away with shoplifting on Tuesday, the evidence was usually gone by Friday.

Not anymore.

• Massive Storage: With cheap, high-capacity hard drives, stores like Target, Walmart, and Home Depot can now store video footage for months.
• The “Pile-On” Strategy: When you get arrested for petit theft today, Loss Prevention doesn’t just burn a copy of today’s incident. They start reviewing past footage.
• Facial Recognition: While Walmart claims to have stopped using it due to cost, facial recognition software allows stores to scan months of video in seconds. If they spot your face in the store two months ago, they check if you paid.
• The Result: You might be sitting in jail for one theft charge, only to find out they’ve added three more warrants for incidents that happened months ago.

John’s Takeaways

This is a growing trend in Orange and Seminole County. We are seeing more repeat offenses charged all at once because Loss Prevention has become a data storage center.

• Statute of Limitations: In Florida, retailers have years to file charges. Just because you walked out of the store six months ago doesn’t mean you are in the clear.
• The “Double Jeopardy” Trap: I have seen defendants complete a sentence for one theft, only to get re-arrested immediately for a theft that occurred before the one they just finished time for. It’s a nightmare cycle.
• Tech is Legal (Mostly): While Illinois and Texas have banned facial recognition in stores, it is currently legal in 48 states, including Florida. The stores are allowed to use this tech against you.
• Fighting the “Old” Footage: Defending against these older charges can be harder because your memory of that specific day might be fuzzy. However, we can challenge the quality of the video, the identification (was it really you?), and the chain of custody of that digital evidence.

Don’t Let a Hard Drive Ruin Your Record

The bottom line is that we defense attorneys are seeing more and more “serial” theft cases based entirely on old video footage.

If you have been arrested for shoplifting and are worried about what else is on those tapes, do not speak to Loss Prevention. Do not admit to “other times.” Call me.

Call me at (407) 423-1117. Let’s protect your rights.

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.