How much is bail for theft
- Smallest amount on the schedule
- $500
- Amount in the middle
- $5,000
- Largest amount on the schedule
- $25,000
- County schedules reviewed
- 10
On county bail schedules, theft bail can be as low as $500 or as high as $25,000, and some areas release people accused of petty theft without asking for money bail. Which county handles the case, and whether it is charged as petty theft or grand theft, drives most of the difference.
- Smallest amount listed: $500
- Largest amount listed: $25,000
- First-offense petty theft: commonly $1,000 to $2,500
- Grand theft charged as a felony: commonly $10,000 to $20,000
Theft bail amounts by county
Each county court publishes a bail schedule, a list that sets a dollar amount for each charge. Until someone sees a judge, that list usually decides how much bail is. Petty theft is the less serious charge. In California, it means property valued at $950 or less; grand theft is the more serious charge.
| County | Offense | Listed bail |
|---|---|---|
| Los Angeles, CA | Petty theft | Cite and release, no money bail |
| Tulsa, OK | Misdemeanor attempted petit larceny | $500 |
| San Diego, CA | First-offense petty theft up to $950 | $1,000 |
| San Diego, CA | Shoplifting of $950 or less | $2,000 |
| Tulsa, OK | Felony attempted larceny from a person | $2,000 |
| Riverside, CA | Petty theft offense | $2,500 |
| Alameda, CA | Misdemeanor petty theft | $2,500 |
| Leon, FL | Grand theft not listed elsewhere | $2,500 |
| San Diego, CA | Misdemeanor grand theft | $5,000 |
| San Francisco, CA | Misdemeanor grand theft | $5,000 |
| Tulsa, OK | Felony attempted car larceny | $5,000 |
| Santa Clara, CA | All types of grand theft | $10,000 |
| Fresno, CA | Grand theft above $950 | $10,000 |
| Leon, FL | Firearm grand theft | $10,000 |
| Riverside, CA | Felony grand theft | $20,000 |
| Orange, CA | Grand theft, or the stolen value if higher | $20,000 |
| San Francisco, CA | Felony vehicle theft | $25,000 |
With cite and release, the person leaves with a written court date instead of paying bail. That is how the Los Angeles misdemeanor bail schedule handles petty theft.
Orange County sets grand theft bail at $20,000, or at the value of what was taken if that figure is larger, per the Orange County felony bail schedule.
How do priors and retail theft affect the amount?
An earlier theft conviction can push the amount up. Santa Clara County and San Francisco both set petty theft with a prior conviction at $5,000. Fresno County lists $7,500 when there are three priors. The San Diego schedule sets higher figures for a second or third petty theft.
For organized retail theft, Santa Clara County sets $10,000, while Fresno County sets $25,000.
Paying through a bail agent
You don't have to pay the full amount in cash. A licensed bail agent can post the bond, and the person pays the agent a fee known as a premium. In California, that premium is most often 10% of the bond, with actual, necessary, and reasonable expenses added on top.
If bail is $2,500 for petty theft in California, the premium is typically $250. If grand theft bail is $20,000, the premium is typically $2,000.
California premiums are generally not refundable. The one exception is when the agent surrenders the person, in which case the fee comes back minus administrative costs. Agents also have to use the rates their company has on file with the state, though a rebate is allowed.
Florida sets the minimum premium at 10% on state bonds and 15% on federal bonds, charged once for the case rather than every year. In Oklahoma, bail bondsmen are licensed by the state Insurance Department. Depending on the case, someone may be released on a promise to return to court, or by paying cash, putting up property, or using a bondsman.
Can a judge set a different bail?
Yes. The schedule is just the starting point. Under the state's bail rules, a California judge may release someone on their own recognizance, pick a different bail amount, keep them in custody, or attach conditions. Own recognizance means going home on a promise to come back to court, without paying anything. Santa Clara County's court describes how its judges apply the schedule.
States that do not use paid bail agents
If the arrest happened in one of these states, the county amounts listed here won't apply, because bail works differently there.
- Illinois: as of January 1, 2023, money bail is no longer used. Under Illinois law, people go home with or without supervision, or stay in custody only after a hearing.
- Kentucky: the state banned paid bail bonding back in 1976. The Kentucky courts say Pretrial Services speaks with people after an arrest.
- Wisconsin: under Wisconsin law, courts may set cash bail, take a 10% cash deposit, or release someone on personal recognizance. That law does not name licensed bail agents.
Sources
- Riverside Superior Court bail schedule
- Los Angeles Superior Court misdemeanor bail schedule
- Orange County Superior Court bail schedule
- Second Judicial Circuit uniform bond schedule
- Alameda Superior Court bail schedule
- San Diego Superior Court bail schedule
- Santa Clara Superior Court bail schedule
- Fresno Superior Court bail schedules
- Bail Bonds
- Florida bail law
- 725 ILCS 5/110-1.5
- Pretrial Services - Kentucky Court of Justice
- Wisconsin Legislature: 969.12
- Santa Clara County Superior Court: Criminal Bail Schedule
- Imperial County Superior Court: Request for increased bail procedure
- Ohio Revised Code 2937.011
