FRAUD POSS/USE CREDIT OR DEBIT CARD <5
Fraud POSS/USE Credit or Debit Card under 5 in Texas: what bail is set at, how often a personal bond is granted, and what usually happens to the charge.
What “FRAUD POSS/USE CREDIT OR DEBIT CARD <5” means
Texas Penal Code § 32.315 defines fraudulent use or possession of credit card or debit card information. A person commits the offense by obtaining, possessing, transferring, or using, with intent to harm or defraud another, a counterfeit credit card or debit card, the number and expiration date of a credit or debit card without the account holder's effective consent, or data stored on a card's digital imprint without the account holder's effective consent. The offense is graded by the number of items obtained, possessed, transferred, or used; under subsection (e)(1), this state jail felony variant applies when the number of items is fewer than five. The State need not prove a completed purchase — possession of the card or card data with the required fraudulent intent is sufficient.
| Charged as | Share of bail records | Possible confinement | Fine | Source |
|---|---|---|---|---|
| State jail felony | 100% | 180 days to 2 years in a state jail | Fine up to $10,000 | Penal Code § 12.35 |
Ranges are the statutory maximums for the level; enhancements, prior convictions and plea agreements change what is actually imposed.
Bail for FRAUD POSS/USE CREDIT OR DEBIT CARD <5 in Texas
Across 3,326 Texas bail settings for this charge (23 counties, Apr 2022 – Jun 2025), the median cash or surety bond was $5,000 (middle half: $2,500 – $10,000). 6% of defendants were released on a personal bond, and bail was denied in 257 cases. When this was the only charge at booking (395 records), the median was $5,000 and 18% got a personal bond.
| County | Records | Median cash bail | Middle half | Personal bond | Denied |
|---|---|---|---|---|---|
| Bexar | 520 | $7,500 | $4,000 – $10,000 | 3% | 9% |
| Tarrant | 349 | $2,000 | $1,500 – $3,500 | 8% | 2% |
| Travis | 300 | $7,500 | $5,000 – $10,000 | 12% | 6% |
| Collin | 175 | $5,000 | $2,500 – $10,000 | 3% | 0% |
| Fort Bend | 137 | $5,500 | $3,000 – $20,000 | 9% | 15% |
Showing the 5 counties with the most records; use the selector for any county with at least 30. Per-charge bond settings on original magistrations, from Texas OCA bail reporting under SB 6. Bail is set case by case — these are statistics, not a prediction.
Recent FRAUD POSS/USE CREDIT OR DEBIT CARD <5 cases
| Case | County | Filed | Disposed | Outcome |
|---|---|---|---|---|
| NA26-768 | Comal | Aug 25, 2026 | Aug 25, 2026 | Dismissed by the prosecutor |
| 23-DCR-103911 | FortBend | Aug 28, 2023 | Aug 24, 2026 | Guilty or no-contest plea |
| 25-2014-K26 | Williamson | Nov 17, 2025 | Aug 11, 2026 | Guilty or no-contest plea |
| NA26-719 | Comal | Jul 30, 2026 | Jul 30, 2026 | Dismissed by the prosecutor |
| F-22-23742 | Dallas | Mar 10, 2022 | Jul 15, 2026 | Dismissed by the prosecutor |
| 26-06-09817 | Montgomery | Jun 9, 2026 | Jul 6, 2026 | Dismissed by the prosecutor |
| 25-DCR-113480 | FortBend | Dec 22, 2025 | Jun 29, 2026 | Guilty or no-contest plea |
| 26-01-01517 | Montgomery | Jan 29, 2026 | Jun 25, 2026 | Guilty or no-contest plea |
| CR-25-4564-F | Hays | Nov 12, 2025 | Jun 23, 2026 | Dismissed, but convicted on a companion charge |
| CR-25-4564-F | Hays | Nov 12, 2025 | Jun 23, 2026 | Dismissed, but convicted on a companion charge |
Related charges
- FRAUD POSS/USE CREDIT OR DEBIT CARD =>5<10 § 32.315(e)(2)
- FRAUD POSS/USE CREDIT OR DEBIT CARD =>10<50 § 32.315(e)(3)
Charged with FRAUD POSS/USE CREDIT OR DEBIT CARD <5?
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Find a Defense AttorneyBail data: Texas Office of Court Administration magistration reports (SB 6), Apr 2022 – Jun 2025. Court outcomes: county district and county clerk records. Statistics describe past cases and are not legal advice; every case is decided on its own facts.