Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
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Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
California DUI
DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
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A criminal record can affect job, immigration, licensing and even housing opportunities. In this section, we offer solutions for clearing up your prior record.
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In California, cite and release is the practice of issuing a citation for suspected unlawful conduct, but not bringing the suspect to jail for a formal booking. Instead, suspects are released on the condition that they make a signed promise show up to court, later on. The process is used mainly for low-level offenses, such as misdemeanors or infractions.
Cite and release has also become more common since the Covid-19 pandemic, as crowded jail facilities have been hotbeds for transmission of the virus.
Cite and release is a way of arresting someone and ensuring that they appear in court, without holding them in county jail for a minor offense. If the suspect does not demand to be taken before a judge, a police officer will issue a suspect a citation, rather than making a formal arrest. The citation informs the defendant when and where their court date will be. The defendant can then sign the citation, promising to appear in court. The defendant can then go on his or her way, rather than be brought to jail until their arraignment.1
There are several situations where police officers have the discretion to not release a suspect. Many of them have to do with public safety. They include:
If the officer chooses not to release an arrested person for one of these reasons, he or she has to explain why the nonrelease decision was made.3
Law enforcement agencies also have discretion over how to handle the booking process for a cite and release arrest. They can:
If the suspect is not booked before release, then he or she will have to bring proof of booking and fingerprinting to their court date.5
After a cite and release, the court date will be at least 10 days after the arrest or citation.6 During this time, no arrest warrant or bench warrant can be issued for the suspect for the offense cited. A warrant can only be issued if the defendant:
Cite and release is a longstanding practice in the criminal justice system. It is used to reduce crowding in jails by keeping defendants in low-level cases out of jail. It also saves court resources by allowing for more time for the defendant to be brought in front of a judge. They are especially common for traffic violations. However, California law on the issue has changed in recent years to abolish money bail in many circumstances. These attempts at bail reform required police to cite and release in more situations.
At the court date, the judge or magistrate will determine what to do with the defendant while the case proceeds. He or she can either:
Many cases that began with a cite and release, rather than with an arrest and an arraignment, use OR as the pre-trial release. The defendant will be released on the written promise to continue to appear at required court dates.
However, the court can also set bail. This is especially common if the low-level offense led to a cite and release, but the defendant has a criminal record. The amount of bail will depend on the county’s bail schedule. The defendant will have to post bail in order to be released before trial. A bail bond may be required, if the defendant does not have the resources to post bail.
The citation is a written notice of a violation of the law. The police officer issues it to the suspect, once the suspect has signed it. It includes the information surrounding the allegedly unlawful activity. It also includes information about the suspect’s court appearance.
In California, citations include the following:
Police officers and county sheriffs use duplicate citations. One copy is given to the arrestee. The duplicate citation is filed with the district attorney, or with the magistrate if:
If the suspect refuses to sign the citation, he or she can be arrested and held in jail.
Anyone who has received a citation for a crime or infraction should consider calling a criminal defense attorney.
Cite and release is only an option for minor offenses, including misdemeanor offenses and infractions like:
Some misdemeanor violations are not eligible for cite and release. These include the following crimes of domestic violence:
Cite and release is not an option for wobblers, felony offenses, or violent felonies.10
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.