What Happens if You Get Caught Shoplifting at Sears

Have you ever been in a Sears department store and got arrested with petit theft or grand theft shoplifting? We can help. Many individuals go to Sears in Orlando, Kissimmee, Longwood, Altamonte, Sanford, or Daytona Beach to shop for appliances, clothes, home improvement items, tools and electronics and end up getting arrested or receiving a notice to appear in court for allegedly committing theft or shoplifting.

Sometimes you may find yourself charged with petit theft because you forgot to pay for all the items you picked up because you were distracted, forgetful or on the cell phone. In other instances you may have your children with you who are causing a ruckus in the store and then they pick up an item and pocket it or put it in your bag or purse and then you get arrested for shoplifting.

Does Sears Have the Right to Detain You?

Knowing whether Sears security has the right to detain you is crucial. Many factors are it play in these situations but the most important is that there is “probable cause.” The security guard must have seen you pick up the item, conceal it, and make a move for the exit. In Orlando, security does not have to wait until you leave or attempt to leave the building to confront you.

The presence of probable cause is essential in determining whether or not they have the right to detain you. If your attorney can prove that security did not have the right to detain you, your can can possibly get dismissed.

Make Sure Your Rights are Protected

Although Sears security has the right to detain you, their legal freedoms stop there. They cannot  confine you in a room and interrogate you. Keep in the mind that you have the right to request an attorney at any time for any reason.

If they do find that you have stolen merchandise in your possession, the have the right to call law enforcement and press charges.

The Consequences for Stealing from Sears

The consequences for shoplifting vary depending on the amount stolen. Those caught shoplifting in Florida may face the following penalties:


  • Under $100 (Second Degree Misdemeanor): Up to 60 days in jail and $500 in fines
  • Under $100 with Previous Theft Conviction (First Degree Misdemeanor): Up to one year in jail and $1,000 in fines
  • $100-$749 (First Degree Misdemeanor): Up to one year in jail and $1,000 in fines
  • $750-$19,999 (Third Degree Felony): Up to five years in prison and $5,000 in fines
  • $20,000-$99,999 (Second Degree Felony): Up to 15 years in prison and $10,000 in fines
  • Over $100,000 (First Degree Felony): Up to 30 years in prison and $10,000 in fines


Have You Been Caught Shoplifting?

Our theft attorneys are here to help you from the pre-filing stage to arraignment, pretrial and all the way through trial if necessary. From start to finish we’ll stand by your side. Our lawyers will talk to the prosecutor for you, argue your legal defenses, attend your court dates, and vigorously defend you in trial or enter you in into a first time pretrial diversion program or intervention program for theft charges where you can get your charge dropped upon completion.

On the Wrong Side of the Law? Contact Us Day or Night (407) 228-3838

On the wrong side of the law, contact a law criminal attorney at the Umansky Law Firm for an immediate consultation regarding your legal rights. Most of the Orlando theft lawyers at the Umansky Law Firm are former prosecutors who are now putting their experience to work for you. Please call (407) 228- 3838 today or contact us to discuss your case.