In California, cite and release is the practice of police issuing you a citation for suspected unlawful conduct, but not bringing you to jail for a formal booking. Instead, you are released on the condition that you 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 you and ensuring that you appear in court, without holding you in county jail for a minor offense. If you do not demand to be taken before a judge, a police officer will issue you a citation, rather than making a formal arrest. The citation informs you when and where your court date will be. You can then sign the citation, promising to appear in court. You can then go on your way, rather than be brought to jail until your arraignment. 1
There are several situations where police officers have the discretion to not release you. Many of them have to do with public safety. They include:
If the officer chooses not to release you for one of these reasons, they have 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 you are not booked before release, then you will have to bring proof of booking and fingerprinting to your 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 you for the offense cited. A warrant can only be issued if you:
Cite and release is a longstanding practice in the criminal justice system. It is used to reduce crowding in jails by keeping you out of jail for low-level cases. It also saves court resources by allowing for more time for you 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 you while the case proceeds. They can either:
Many cases that began with a cite and release, rather than with an arrest and an arraignment, use OR as the pretrial release. You 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 a low-level offense led to your cite and release, but you have a criminal record. The amount of bail will depend on the county’s bail schedule. You will have to post bail in order to be released before trial. A bail bond may be required if you do 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 you once you have signed it. It includes the information surrounding the allegedly unlawful activity. It also includes information about your court appearance.
In California, citations include the following:
Police officers and county sheriffs use duplicate citations. One copy is given to you. The duplicate citation is filed with the district attorney, or with the magistrate if:
If you refuse to sign the citation, you can be arrested and held in jail.
If you have received a citation for a crime or infraction, you 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
For more in-depth information, refer to these scholarly articles:
