Being arrested for theft can be frightening. You may be wondering how serious the charge is, whether you can get out of jail and how much bail will cost. In Texas, the consequences of a theft charge can vary considerably depending on the circumstances including the value and type of property allegedly stolen.
Here’s what you should know if you or someone you love is facing a theft charge.
What Is Theft in Texas?
Under Texas Penal Code Section 31.03, a person commits theft if they unlawfully appropriate property with the intent to deprive the owner of it. But not every theft charge is treated the same way. Texas law generally classifies theft according to factors such as the value of the property. Certain circumstances can also affect the classification of the offense.
For example, under the current statute:
- Property valued at less than $100 generally falls into the Class C misdemeanor category.
- Property valued at $100 or more but less than $750 generally constitutes a Class B misdemeanor.
- Property valued at $750 or more but less than $2,500 generally constitutes a Class A misdemeanor.
- Property valued at $2,500 or more but less than $30,000 generally constitutes a state jail felony.
There are exceptions and circumstances that can change the classification. For example, certain property can result in a higher-level offense regardless of its value.
Does a Theft Charge Mean You Have to Stay in Jail?
Not necessarily. Whether someone can be released from jail depends on the circumstances of the case and the type of release ordered by the court or magistrate.
Texas law provides for different forms of pretrial release, including personal bonds and cash or surety bonds. Current Texas law requires a bail decision to be made without unnecessary delay and no later than 48 hours after arrest, subject to applicable law.
If a surety bond is available and the defendant cannot or does not want to pay the entire cash bail amount, Cowboy Bail Bonds may be able to post the bond.
How Much Is Bail for Theft?
There is no single “theft bail amount” that applies to every case in Texas. The amount can depend on the charge, the defendant’s circumstances, prior criminal history, previous court appearances and other factors considered under Texas law. That’s why you shouldn’t assume that a theft charge automatically means a particular bail amount.
If someone has already been arrested, the fastest way to understand the situation is to determine:
- Where the person is being held
- What exact charge was filed
- Whether bail has been set
- The amount and type of bond required
- Whether there are any additional holds or warrants
What If the Theft Charge Is a Felony?
A felony theft allegation can carry significantly more serious consequences than a misdemeanor. For example, under Texas law, theft of property valued at $2,500 or more but less than $30,000 can generally be classified as a state jail felony. Higher-value theft can result in even more serious felony classifications. Other circumstances can also increase the severity of a theft offense.
If the person has been charged with a felony, getting advice from a criminal defense attorney is especially important. The attorney can explain the accusation, potential penalties and available legal options.
What Happens After Bail Is Posted?
Getting out of jail does not make the criminal case disappear. The defendant will generally need to:
- Attend all required court appearances
- Follow conditions of release
- Stay in contact with their attorney
- Avoid new criminal charges
- Comply with any other court-ordered requirements
Missing court can create additional problems, including bond forfeiture and potentially a failure-to-appear charge.
Need Help With a Theft-Related Arrest?
If someone you care about has been arrested for theft, you don’t have to understand every part of the Texas criminal justice system before making the first call. Start with the basics: find out where they’re being held, confirm the charge and determine whether bail has been set.
Cowboy Bail Bonds can help you understand the bail process and the information needed to begin working toward release.
Important: This article is for general educational purposes and is not legal advice. Theft laws and bail decisions can depend on the facts of an individual case. For legal advice, consult a qualified Texas criminal defense attorney.