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Citation in Lieu of Arrest (CA & GA)

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Two Bit

Member
I have a couple of questions about a California's ability to issue a citation in lieu of arrest.

Carl, I've seen you talk about this, especially in relation to citizen's arrest. Georgia doesn't have a way to do this except for ordinance violations, and I think it would be a really good option to have. We're left in a situation where a 17 year old (an adult in Georgia) can't possess tobacco. The punishment for it is something like 4 hours community service, a fine, attend a class, or something like that. While I think it's a well intended law, the only way I have to enforce it is to take the 17 year old to jail.

Can you post the law that allows y'all to cite people for misdemeanors? If someone is charged by ciation, how does it get on his criminal record? Are there any hidden pitfalls with the whole concept?

Thanks,
 


CdwJava

Senior Member
Two Bit said:
I have a couple of questions about a California's ability to issue a citation in lieu of arrest.

Carl, I've seen you talk about this, especially in relation to citizen's arrest. Georgia doesn't have a way to do this except for ordinance violations, and I think it would be a really good option to have. We're left in a situation where a 17 year old (an adult in Georgia) can't possess tobacco. The punishment for it is something like 4 hours community service, a fine, attend a class, or something like that. While I think it's a well intended law, the only way I have to enforce it is to take the 17 year old to jail.

Can you post the law that allows y'all to cite people for misdemeanors? If someone is charged by ciation, how does it get on his criminal record? Are there any hidden pitfalls with the whole concept?

Thanks,
The code section for misdemeanor cites is covered in PC 853.6:

853.6. (a) In any case in which a person is arrested for an offense
declared to be a misdemeanor, including a violation of any city or
county ordinance, and does not demand to be taken before a
magistrate, that person shall, instead of being taken before a
magistrate, be released according to the procedures set forth by this
chapter. If the person is released, the officer or his or her
superior shall prepare in duplicate a written notice to appear in
court, containing the name and address of the person, the offense
charged, and the time when, and place where, the person shall appear
in court. If, pursuant to subdivision (i), the person is not
released prior to being booked and the officer in charge of the
booking or his or her superior determines that the person should be
released, the officer or his or her superior shall prepare a written
notice to appear in a court.


And,

(i) Whenever any person is arrested by a peace officer for a
misdemeanor, that person shall be released according to the
procedures set forth by this chapter unless one of the following is a
reason for nonrelease, in which case the arresting officer may
release the person, or the arresting officer shall indicate, on a
form to be established by his or her employing law enforcement
agency, which of the following was a reason for the nonrelease:
(1) The person arrested was so intoxicated that he or she could
have been a danger to himself or herself or to others.
(2) The person arrested required medical examination or medical
care or was otherwise unable to care for his or her own safety.
(3) The person was arrested under one or more of the circumstances
listed in Sections 40302 and 40303 of the Vehicle Code.
(4) There were one or more outstanding arrest warrants for the
person.
(5) The person could not provide satisfactory evidence of personal
identification.
(6) The prosecution of the offense or offenses for which the
person was arrested, or the prosecution of any other offense or
offenses, would be jeopardized by immediate release of the person
arrested.
(7) There was a reasonable likelihood that the offense or offenses
would continue or resume, or that the safety of persons or property
would be imminently endangered by release of the person arrested.
(8) The person arrested demanded to be taken before a magistrate
or refused to sign the notice to appear.
(9) There is reason to believe that the person would not appear at
the time and place specified in the notice. The basis for this
determination shall be specifically stated.



For more of the section, see: http://www.leginfo.ca.gov/cgi-bin/displaycode?section=pen&group=00001-01000&file=853.5-853.85

Citations will only result in a criminal offender record if the suspect is subsequently booked or convicted. Many misdemeanors will be marked, "booking required" on the citation. This indicates to the court that the suspect should be printed and photographed. Usually the suspect is ordered to do this before court or he/she might be ordered to do so AT court.

If the suspect is not booked, then when the disposition record is sent to DOJ it will become an unconfirmed record.

The advantage to cites is that it keeps the jail from becoming TOO crowded. It also saves agency's booking fees.

I hope this helps.

- Carl
 

Two Bit

Member
So it isn't common for you to take misdemeants to jail?

That would be a bit different than what I'm used to. I was thinking that it would just be for minor things. The things that came to my mind were possession of tobacco by a minor, fireworks possession, or misdemeanors where PC existed but occured outside the pressence of an officer, etc.
 

CdwJava

Senior Member
Two Bit said:
So it isn't common for you to take misdemeants to jail?

That would be a bit different than what I'm used to. I was thinking that it would just be for minor things. The things that came to my mind were possession of tobacco by a minor, fireworks possession, or misdemeanors where PC existed but occured outside the pressence of an officer, etc.
In some counties, the jail will not accept misdemeanor bookings unless it is domestic violence related or you push one of the exceptions to a citation listed under subsection (i). For the most part we are required to cite for a misdemeanor. And for misdemeanors that occurred outside our presence we could not cite for anyway unless it was based upon a signed citizen's arrest, or was one of the few exceptions to the "in our presence" requirement (DV, court order violations, etc.).

- Carl
 

garrula lingua

Senior Member
wo Bit, in L.A., we even have the Sheriff's department & CHP sending out letters inviting defendants to come to court on some cases.

As Carl said, many misdemeanors are by citation - in my area, many DVs who left the scene prior to cops arrival, even DUI if they had a blood drawall suspended DLs, all suspended DLs, (or any who had med problems, or were women & no female jailer is available).

The DA has to catch these cases at arraignment, & demand booking so that there's a NCIC (rap sheet) record of the arrest (our theft offenses aren't priorable unless there's at least one day of county jail).

After arraignment, our LAPD stations do 'book & release"-walk in, prints & picture & walk out-, our Sheriff's stations remand into custody for about one day to book, and release from downtown LA.
Obviously, all attys ask for LAPD booking for clients.
 

Two Bit

Member
Actually, I got an update from the Georgia Association of Chief's of Police. Apparantly the legislature is considering authorizeing a criminal citaiton for use in minor misdemeanors.

I was thinking about trying to get the PBA to start pushing one, but I guess it's already in the works.
 

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