Theft Bail Bonds in San Marcos: Shoplifting, Burglary and Property Charges

Bobcat Bail Bonds writes theft bail bonds in San Marcos for people held at the Hays County Jail on shoplifting, theft, burglary and criminal mischief charges. A magistrate sets bail first, and the level of the charge, which for theft mostly depends on the value of the property, shapes that decision. Call any hour, or start online.

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How do theft bail bonds in San Marcos work?

Theft bail bonds in San Marcos start after the arrest and booking at the Hays County Jail. A magistrate sets bail and any conditions. A licensed bail bond company like Bobcat can then post a surety bond for the full amount, and you pay the company a fee instead of the whole bail. The jail then processes the release.

The fee is set case by case, and qualified applicants may be eligible for payment plans. We do not quote a bail amount, because the bond company does not set it. The magistrate does.

If you are not sure where the person is being held, our Hays County Jail inmate search guide shows how to look someone up and what the listing tells you.

What level is a theft charge in Texas?

In Texas, the level of most theft charges depends on the value of what was taken. Texas Penal Code Section 31.03(e) sets the ladder, and the higher the rung, the more serious the case is in the eyes of the court.

The value ladder for theft works like this:

When value is not the whole story

The statute also moves some thefts up the ladder no matter the dollar amount. A few examples from Section 31.03 show how this works:

• Stealing a firearm is a state jail felony, whatever it is worth.
• Taking property from another person is a state jail felony regardless of value.
• A theft under $2,500 becomes a state jail felony when the person has two or more earlier theft convictions.
• A theft under $100 becomes a Class B misdemeanor when the person has any earlier theft conviction.

The law also raises the level by one step in some situations, for example when the owner of the property is an elderly person. Which rule applies to a given arrest is a legal question, and the charge listed on the booking record is the best starting point.

Shoplifting is charged as theft

The Penal Code has no section called shoplifting. Section 31.03 defines theft as unlawfully appropriating property with intent to deprive the owner of it, and taking items from a store without paying fits that definition, so the same value ladder applies. A low-value item puts the charge on a misdemeanor rung, but a prior theft record can move it up.

Burglary and criminal mischief

Two other property charges often come up alongside theft. Both have their own sections in the Penal Code.

Burglary (Penal Code 30.02)

Burglary means entering a home, or a building not then open to the public, without the owner’s consent with intent to commit a felony, theft or an assault, or entering and then committing or trying to commit one. In general it is a state jail felony for a building that is not a home, and a felony of the second degree for a habitation. It can be a first degree felony when the person entered a home intending to commit, or committed, a felony other than felony theft.

Criminal mischief (Penal Code 28.03)

Criminal mischief means damaging, destroying or tampering with someone else’s property, or making markings on it, such as drawings or paintings, without consent. Like theft, the level mostly follows a dollar figure, here the amount of loss, using the same steps from a Class C misdemeanor under $100 to a first degree felony at $300,000 or more.

How the charge level changes bail

The level of the charge does not fix a bail amount, but it matters. Texas Code of Criminal Procedure Article 17.15 tells the magistrate what to weigh when setting bail. The factors include:

• the nature of the offense and how it was committed
• the person’s ability to make bail
• the safety of the victim, law enforcement and the community
• the person’s criminal history, including pending charges and past failures to appear

A Class C theft is punishable by a fine only, under Penal Code Section 12.23. A felony theft or a burglary of a home is a more serious charge, and the magistrate weighs the nature of the offense. An earlier theft record can raise the level of the charge, and criminal history is one of the factors in its own right.

A personal bond, where the bail amount is not posted, is possible for many theft charges, but whether to grant one is the magistrate’s decision. For burglary, Texas law says only the court handling the case can grant a personal bond. Our guide on how bail bonds work in Hays County explains cash, surety and personal bonds side by side.

If the property was worth a lot and the charge is a felony, our page on felony bail bonds in San Marcos covers what changes with a larger bond. For lower-level charges, see misdemeanor bail bonds in San Marcos.

What to do now

Start with three things. Find out where the person is held and what the charge is. Find out whether bail has been set. The Hays County Jail’s bond information line is 512-393-7807. Then call us at any hour, or start a theft bond online with whatever case details you have.

If you will sign for the bond, read what co-signing a bail bond means first. For the cost side, our guide on what a bail bond costs in Hays County explains fees, collateral and refunds.

If there is a warrant for a theft charge and your loved one has not been arrested yet, our page on warrant bail bonds in San Marcos explains the options.

After release: every court date counts

Once the bond is posted, the defendant has to go to every court date the bond requires. Under Texas Code of Criminal Procedure Article 22.01, if the defendant does not appear, the court declares the bail forfeited. If a court date is coming up and something is wrong, call us before the date, not after.

Bobcat Bail Bonds is licensed by the Hays County Bail Bond Board, open 24 hours a day, 7 days a week, and se habla español. Our owner has years of experience as a bail bond agent and runner.

Whether the charge fits the facts, and what to do about the case, are legal questions a bail bond company cannot answer. What we can do is explain the bond and the paperwork, and post it.

This page is general information, not legal advice, and it may not fit your situation. Bail law and local procedures change; the sources below show where each fact came from. Bobcat Bail Bonds is a bail bond company, not a law firm. We cannot give legal advice and we do not recommend lawyers.