Citations (criminal justice)
Citations in the context of criminal justice are official documents issued primarily by law enforcement officers to individuals accused of minor offenses, including traffic and parking violations, as well as certain misdemeanors and felonies. These citations allow alleged violators to avoid immediate arrest by promising to appear in court on specified dates rather than being taken before a judge right away. Importantly, signing a citation does not imply an admission of guilt; it is more akin to acknowledging one’s obligation to attend court. If an individual refuses to sign the citation, this usually results in their arrest, as it signifies a failure to comply with the notice to appear.
The ability to issue citations varies by jurisdiction, with all states permitting law enforcement to issue them for misdemeanors, and a select number also allowing citations for felonies. Citations serve practical purposes not only for enforcement but also for record-keeping, as officers often make field notes at the time of issuance. These notes can be referenced in court proceedings, ensuring that both defendants and the courts have access to the context surrounding the citation. As such, citations play a significant role in the management of minor legal infractions within the criminal justice system.
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Citations (criminal justice)
Citations may be issued by court officials, such as prosecutors, but they are usually issued by law-enforcement officers in conjunction with their daily duties. Citations are usually associated with traffic and parking violations, although they may be written for infractions, misdemeanors, or felonies.
Violators of the law are issued citations in lieu of being taken forthwith before the court, a judge, or a justice of the peace. By signing citations, alleged violators are not admitting guilt to the offenses; rather, they are promising to appear in court at the times and dates specified. By signing citations, alleged violators are, in essence, releasing themselves on their own recognizance. A refusal to sign the citation is not seen by the court as an admission of guilt, but in most jurisdictions failure to sign will result in the arrest of the alleged offender. The failure to sign the citation is thus a failure to acknowledge the mandated court date. The alleged violator is then taken either to a judge or justice of the peace, or if one is not available the violator is held at a local jail facility until a hearing before the court can be arranged. When a citation is written for a parking violation, the offending driver need not sign the citation. According to the National Conference of State Legislatures, law enforcement officers in all fifty states were able to issue citations for misdemeanors in 2024, while eight states allowed their issuance for felonies as well.
In some misdemeanors and felonies, citations are written and submitted to the prosecutor in conjunction with a report prepared by a law-enforcement officer. In these cases, citations merely serve as an administrative charge-filing reminder. Citations also serve another administrative function for law-enforcement officers and courts: Officers frequently write field notes on citations at the time they are written as a reminder of the circumstances surrounding the citing. Courts recognize such notes, and officers may use them when testifying on the merits of the citation. If such notes exist, the defendant has legal access to view the citation and attendant notes.
Bibliography
Bannon, Mark E. A Quick Reference Guide to Contemporary Criminal Procedure for Law Enforcement Officers : One Hundred Notable United States Supreme Court Decisions and Their Effect on Modern Policing in America. Springfield: Thomas, 2003. eBook Collection (EBSCOhost). Web. 24 May 2016.
Brown, David W. Beat Your Ticket : Go to Court & Win. Berkeley: NOLO, 2013. eBook Collection (EBSCOhost). Web. 25 May 2016.
“Citation in Lieu of Arrest.” National Conference of State Legislatures, 2024, www.ncsl.org/civil-and-criminal-justice/citation-in-lieu-of-arrest. Accessed 24 June 2024.
Loewy, Arnold H., and Arthur B. LaFrance. Criminal Procedure: Arrest and Investigation. Cincinnati: Anderson Publishing, 1996.
Pretrial Justice Inst. “Citation in Lieu of Custodial Arrest.” Pretrial Justice Institute. PJI, 2014. Web. 25 May. 2016.
Whitcomb, Debra, Bonnie Lewin, and Margaret J. Levine. Citation Release. Washington, D.C.: U.S. Department of Justice, National Institute of Justice, 1984.