Arrested for Theft in Texas? Here’s What Happens Next
Getting arrested is scary, especially if it’s your first time. If you’ve just been arrested for theft in Texas, you might be confused, embarrassed, or unsure about what’s going to happen next. Many people have been in your shoes, and there is a way forward.
At Roger G. Jain & Associates, P.C., our Texas criminal defense lawyers can help you when you’re arrested and charged with theft in Texas. With decades of experience in criminal defense, we’re here when you need us most.
When you call our law firm, we’ll walk you through what usually happens after a theft arrest in Texas. More importantly, we will remind you that this moment doesn’t define who you are, and we can help.
What Is Considered Theft in Texas?
In simple terms, theft in Texas means taking something that doesn’t belong to you without permission, and with the intent of keeping it. This could be anything from shoplifting clothes at a store to taking a car that isn’t yours.
Texas law breaks theft into different levels based on the value of what was taken. Here’s a basic idea:
- Under $100 – Usually called a Class C misdemeanor
- $100 to $750 – Class B misdemeanor
- $750 to $2,500 – Class A misdemeanor
- More than $2,500 – This could lead to felony charges
The higher the value of the item, the more serious the charge becomes. But no matter the level, theft charges can affect your future. That’s why it’s so important to understand the process and talk to a Houston criminal defense lawyer right away.
What Happens Right After You’re Arrested?
Once you’re arrested for theft, here’s what usually happens:
You’ll Be Taken to Jail
The police will take you to the local jail or county detention center. They’ll collect your information, take your fingerprints and photo, and enter your charges into the system. This is called booking.
You’ll Wait to See a Judge
After you’re booked, you’ll usually have to wait for a judge to review your case. This might happen within 24 to 48 hours. The judge will:
- Tell you what you’ve been charged with
- Go over your rights
- Set a bond amount, or in some cases, let you go without paying (this is called personal recognizance)
If you can pay the bond or work with a bail bondsman, you might be released until your court date.
Do You Have to Stay in Jail?
Not always. In many theft cases, especially if the value is low or it’s your first offense, you may be allowed to leave jail until your trial. This is called being released on bond.
There are different types of bonds in Texas:
- Cash bond – You pay the full amount upfront
- Surety bond – A bail bond company helps you, usually for a fee
- Personal bond – You don’t pay money upfront, but promise to return to court
No matter how you’re released, it’s important to follow the rules the judge gives you. Missing court or breaking conditions can lead to more trouble.
What Is an Arraignment?
After your release, or sometimes while you’re still in jail, you’ll go to a hearing called an arraignment. This is when you formally hear your charges and are asked to enter a plea—usually “guilty,” “not guilty,” or “no contest.”
This part of the process can be confusing, and it’s not something you should go through alone. A criminal defense lawyer can explain your options and speak for you in court. Even if you feel overwhelmed or unsure, a Houston criminal defense attorney will help you understand the road ahead.
What Happens After That?
After the arraignment, the legal process continues. Every case is different, but here are some things that might happen:
- Pretrial Hearings: These are meetings between your lawyer, the prosecutor, and the judge. They talk about your case, review evidence, and sometimes try to reach an agreement called a plea deal. A plea deal might involve pleading guilty to a lesser charge in exchange for a lighter sentence.
- Trial: If you don’t reach an agreement or plead guilty, your case could go to trial. At trial, both sides present evidence, and a judge or jury decides if you’re guilty or not.
- Sentencing: If you’re found guilty—or if you plead guilty—you’ll receive a sentence. This could include:
- Fines
- Probation
- Jail time
- Community service
- Theft education classes
Again, every case is different. Some people receive probation or are given a second chance through special programs, especially if it’s their first offense.
What About Juvenile Theft?
If you’re under 17, you’ll usually be treated as a juvenile in Texas. Juvenile cases are handled differently from adult cases. The focus is often on rehabilitation—helping you learn from your mistake instead of punishing you long-term.
Still, a theft charge in juvenile court is serious. It’s important to have a lawyer who understands how the juvenile system works and can protect your future.
Contact Our Houston Criminal Defense Attorneys Today
Being arrested doesn’t define who you are. Everyone makes mistakes—what matters is what you do next.
You don’t have to go through this alone. A criminal defense lawyer can stand by your side, help you understand what’s happening, and work to protect your future. The sooner you reach out, the more choices you may have.
Call us today at (713) 981-0600 for a FREE confidential consultation. We’ll review your case, explain your options, and fight to protect your rights. You don’t have to face this alone—let us help.
Roger Jain is a dedicated trial lawyer who assists his clients in the following areas of practice: civil litigation, business law, criminal defense, juvenile law, estate planning and family Law.