What Am I Facing on a First-Time Petit Theft or Shoplifting?

By: John Guidry II

If you’re accused of petit theft, or shoplifting, for the first time I’ve got some good news for you. If you play your hand right, this case will be dropped. Gone forever. In this video, we’re review the two most common paths for a first time shoplifting accusation, and see what happens with each of those decisions.

If this is your first theft offense, your case is going to go well. It’s going to take some work, its going to take a good attorney, but you’re going to come out the other end of this just fine. Let’s talk about two common paths on a shoplifting charge. First, the bad news, and second, the good news. And, for the moment, we’re going to ignore getting a dismissal through a jury trial or dismissal through a motion to dismiss because yes, these are good things, but many folks don’t gamble for those outcomes.

So, the first thing you’re facing as a first time shoplifter is a bad resolution involving lots of probation, lots of community service, a conviction on your record. You’re not going to jail, but you’re not getting a good job ever again either. The good news is, these bad outcomes usually only happen to folks who don’t hire an attorney, who show up to court alone to face the judge and prosecutor alone. These folks don’t have your best interests at heart so I don’t recommend it, but I’m also aware that I sound like a barber telling you you need a haircut.

Look, if you go it alone what they usually offer you at arraignment is a criminal record, a plea and admission to the crime. This is bad, and it will cause immigration issues, so do not enter a plea without an attorney working it out for you.

One of the best outcomes you face on a first time petit theft is dismissal through the diversion program. most first time shoplifters are given a shot at diversion, and diversion is a fancy term for a program that requires you to complete a class, then do a little community service, and then your case is completely dropped!

And even though your case will be dropped, don’t stop there. Make sure that your attorney finishes the job by expunging your record. Remember, just because your case is dropped doesn’t mean it won’t show up on a background check. It will. Even a dropped shoplifting charge is going to give you a headache later, so don’t let this happen. Get it expunged. And that, may friends, is what you are facing as a first time shoplifter. Do this right, and your case will be dismissed. I’m John Guidry, if you’re facing a shoplifting or petit theft in Orange, Seminole, or Osceola County, give me a call, let’s see if we can help you out. Orange County and Osceola County handle shoplifting cases in a very similar fashion, but Seminole County and Volusia County do things a bit differently. I’ve defended shoplifting and petit theft cases in all of Central Florida, so I’m sure we can help you out. Take Care.

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.