Citation in Lieu of Arrest (2022)

3/18/2019

Citation in Lieu of Arrest
is an order issued by law enforcement that releases a person on a promise to appear in court or pay a fine.

Citation

in lieu of

Arrest
Citation in Lieu of Arrest (1)
Pay $

Citations provide an alternative to booking and jail, and allow people who are not public safety or flight risks to:

  • Remain in the community
  • Go to work
  • Go to school
  • Take care of family
Appear
Citation in Lieu of Arrest (2)
Booking
Jail
Citation in Lieu of Arrest (3)
CourtCourt

States can use citations to reduce jail populations and provide cost savings. Citations divert lower risk peoplefrom detention, reserving limitedspace and resources for higher risk people.

  • Generally
  • State Laws
  • Resources

State laws guide the circumstances under which a citation can be issued—often determined by the class of the alleged crime and subject to exceptions. Typically, the issuing authority is required to consider one or more factors when determining whether to issue a citation. Even if the presumption is to issue a citation, enumerated factors must first be considered.

Contact

Generally, a custodial arrest must be made if one or more of the following factors are present:

  • There are reasonable grounds to believe the person will not appear in court, or the person has previously failed to appear.
  • There are reasonable grounds to believe the person poses a danger to persons or property, or that the offense will continue.
  • The person has outstanding warrants.
  • A legitimate investigation or prosecution would be jeopardized by release.
  • The person requires physical or behavioral health care—for example, being intoxicated.

State laws generally prohibit a citation from being issued in two common scenarios:

  • The person refuses to sign a written promise to appear or requests to be taken before a judge.
  • The person does not have or will not provide valid identification, or the provided identification cannot be verified and the person is unwilling to provide fingerprints.

States can use citations to reduce jail populations and provide local cost savings. Citations divert lower risk people from detention, reserving limited space and resources for more dangerous people. By providing an alternative to pretrial detention and release processes for certain defendants, citation in lieu of arrest can be considered a component of state pretrial policies.

All states allow issuance of citations in lieu of arrest for misdemeanor crimes or petty offenses. At least eight states permit citations for some felonies. Another seven states provide general authority to issue citations for crimesor offenses,without specifying the offense level. Laws in over half the states have a presumption of issuing citations—rather than arrest—for certain crimes or under certain circumstances.

What does your state do?

Interactive map: Citationin Lieu of Arrest

Citation in Lieu of Arrest (4)Alabama

Statute Eligible Offenses Exceptions Presumption of Citation When Issued Who Issues
§ 11-45-9.1 Class C misdemeanors Offenses involving violence, threat of violence, alcohol or drugs No After arrest Law enforcement officers
§ 32-1-4 Traffic misdemeanors Offenses involving accident resulting in injury or death; impaired driving; felonies Yes After arrest Law enforcement officers

Citation in Lieu of Arrest (5)Alaska

Statute Eligible Offenses Exceptions Presumption of Citation When Issued Who Issues
§ 12.25.180 (a) Class C felonies; misdemeanors; municipal ordinances Offenses involving violence to property or person; when there is probable cause that domestic abuse was involved No Prior to arrest Peace officers
§ 12.25.180 (b) Infractions or violations Probable cause person violated conditions of release or failed to appear Yes Prior to arrest Peace officers

Citation in Lieu of Arrest (6)Arizona

Statute Eligible Offenses Exceptions Presumption of Citation When Issued Who Issues
§ 13-3903 Misdemeanors and petty offenses

Violations of certain orders issued in marital and dissolution cases (§§ 25-315, -808)

For the following offenses, prior to release, one or two-digit fingerprinting required: domestic violence involving injury or weapons, sexual offense, impaired driving(See § 13-3602)

No After arrest Peace officers

Citation in Lieu of Arrest (7)Arkansas

Statute Eligible Offenses Exceptions Presumption of Citation When Issued Who Issues
§ 27-50-603 Traffic misdemeanors Negligent homicide; impaired driving; failure to stop for or involved in accident causing death, injury, or property damage (§ 27-50-602) No After arrest Law enforcement officers
Crim. Proc. R. 5.2 Misdemeanors Violation of a post-conviction, no contact order (§ 5-4-106) No Either Law enforcement officer or ranking officer

Citation in Lieu of Arrest (8)California

Statute Eligible Offenses Exceptions Presumption of Citation When Issued Who Issues
Penal Code § 853.6 Misdemeanors Offenses involving domestic violence or abuse (unless officer determines no reasonable likelihood that: (1) offense will continue or (2) safety of persons or property is imminently endangered); offenses that require a bail hearing, rather than release according to a bail schedule Yes After arrest Law enforcement officers or their superiors (extends to custodial officers per § 831(f)(4) and public officers or employees per § 856.5)
§ 853.5 Infractions None identified Yes After arrest Law enforcement officers or their superiors
§ 818 Vehicle code misdemeanors or ordinances relating to stopping, standing, parking, operating a vehicle None identified No Prior to arrest Law enforcement officers or their superiors

Citation in Lieu of Arrest (9)Colorado

Statute Eligible Offenses Exceptions Presumption of Citation When Issued Who Issues
§ 16-3-105 Misdemeanors or petty offenses Domestic violence offenses; protection order violations
(§ 18-6-803.5)
No After arrest Law enforcement officers; responsible command officers
§§ 42-4-1705; -1707 Vehicle misdemeanors or petty misdemeanors; misdemeanor traffic offenses Offenses causing accident resulting in injury or death; impaired driving; failure to stop at accident causing death, injury, or property damage (§ 42-4-1705) No Either Law enforcement officers

Citation in Lieu of Arrest (10)Connecticut

Statute Eligible Offenses Exceptions Presumption of Citation When Issued Who Issues
§ 54-1h Misdemeanors; offenses with maximum punishment of one year imprisonment or a $1,000 fine Family violence crimes (§ 46b-38b) No After arrest Arresting officers
§ 14-140 Motor vehicle violations Impaired driving, using vehicle without permission, evading responsibility for injury, death, or damage. No After arrest Arresting officers

Citation in Lieu of Arrest (11)Delaware

Statute Eligible Offenses Exceptions Presumption of Citation When Issued Who Issues
11 Del. C. § 1907 Misdemeanors Probable cause of protection order violation (10 Del. C.§ 1046) No Not specified Peace officers
21 Del. C. §§ 703, 712 Violations of title 21 (traffic) None identified Yes After arrest Peace officers

Citation in Lieu of Arrest (12)Florida

Statute Eligible Offenses Exceptions Presumption of Citation When Issued Who Issues
§ 901.28 superseded by Crim. Proc. R. 3.125 1stor 2nddegree misdemeanors; municipal and county ordinances None identified No After arrest Law enforcement officers or booking officers
§ 316.650 Traffic violations None identified No Not specified All traffic enforcement agencies
§ 162.23 Code or ordinance violations None identified No No arrest Code enforcement officers

Citation in Lieu of Arrest (13)Georgia

Statute Eligible Offenses Exceptions Presumption of Citation When Issued Who Issues
§ 17-4-23 Motor vehicle violations; purchase or attempt to purchase alcohol by a minor; or misdemeanor violations for criminal trespass, shoplifting, theft by refund fraud, and possession of certain drugs None identified No After arrest Law enforcement officers
§§ 17-6-11; 17-7-71 Any motor vehicle violation of title 40 and certain additional offenses(See§§ 15-5-21.1; 40-13-1) Homicide by vehicle; use of vehicle in commission of a felony; leaving accident; racing; eluding an officer; driving without a license; serious traffic accidents (§ 40-5-54) Yes After apprehension Law enforcement officers

Citation in Lieu of Arrest (14)Hawaii

Statute Eligible Offenses Exceptions Presumption of Citation When Issued Who Issues
§ 803-6 Misdemeanors and petty misdemeanors None identified No Prior to arrest Police officers
§ 286-10 Traffic offenses None identified Yes After arrest Authorized persons

Citation in Lieu of Arrest (15)Idaho

Statute Eligible Offenses Exceptions Presumption of Citation When Issued Who Issues
§§ 19-3901;
49-1409
Misdemeanors or infractions triable by magistrate; misdemeanor traffic violations Negligent homicide; impaired driving; failure to stop for accident resulting in death or injury (§ 49-1405) No Not specified Law enforcement officers

Citation in Lieu of Arrest (16)Illinois

Statute Eligible Offenses Exceptions Presumption of Citation When Issued Who Issues
725 ILCS § 5/107-12 When there are reasonable grounds to believe that a person is committing or has committed a crime (See Sup. Ct. R. 552) None identified No Not specified Peace officers

Citation in Lieu of Arrest (17)Indiana

Statute Eligible Offenses Exceptions Presumption of Citation When Issued Who Issues
§ 35-33-4-1(f) Misdemeanors Traffic misdemeanors (Seebelow) No Not specified Law enforcement officers
§ 9-30-2-5 Traffic misdemeanors Impaired driving; offense involving accident causing death, injuries, or property damage; driving with invalid license (§ 9-30-2-4) Yes After arrest Law enforcement officers

Citation in Lieu of Arrest (18)Iowa

Statute Eligible Offenses Exceptions Presumption of Citation When Issued Who Issues
§ 805.1 When a crime has been committed in the presence of the police officer or reasonable grounds to believe that a crime has been committed Offenses not eligible for bail; stalking No Either Peace officers
§ 805.6 (1)(a)
Traffic offenses; scheduled offenses for vehicles Offenses listed in§ 321.485 Yes Not specified Officers from depts. of public safety & transportation
§ 321.485 (written citation) Simple, serious, or aggravated misdemeanors for ch 321 violations (vehicles and laws of the road) None identified No Either Officers; peace officers

Citation in Lieu of Arrest (19)Kansas

Statute Eligible Offenses Exceptions Presumption of Citation When Issued Who Issues
§ 22-2408 Misdemeanors Traffic violations No After arrest Law enforcement officers
§ 8-2106 Traffic misdemeanors, infractions, and additional listed offense Impaired driving or fleeing; felonies (§ 8-2104) No Not specified Law enforcement officers

Citation in Lieu of Arrest (20)Kentucky

Statute Eligible Offenses Exceptions Presumption of Citation When Issued Who Issues

§ 431.015 (1) (b) – (d); (2)

Misdemeanor impaired driving; assault; sexual crimes; crimes involving firearms or weapons; 4thdegree assault in a hospital; possession of burglar tools; receiving stolen property; trespass on domestic violence shelter; false ID to officer; certain traffic violations; 3d degree trespass; harassment

Violation of protective order (§431.005 (5), (7)) No Prior to arrest Peace officers
§ 431.015 (1) (a) (3) Misdemeanors (not listed above) Violation of protective order(§ 431.005 (5), (7)) Yes - if committed in officer's presence. No - if not committed in officer's presence Prior to arrest Peace officers
§ 431.450 (4) Felonies None identified Not specified Not specified Peace officers

Citation in Lieu of Arrest (21)Louisiana

Statute Eligible Offenses Exceptions Presumption of Citation When Issued Who Issues
C. Crim. Proc. Art. 211 Misdemeanors; felony theft or illegal possession of stolen items worth $500-$1,000; writing worthless checks; driving without license in possession Felony charges when person has prior conviction No, except driving without license in possession Prior to arrest Peace officers
C. Crim. Proc. Art. 211.1 Outstanding warrant or attachment for misdemeanor Impaired driving; offense with weapon or use of force or violence (except simple battery); domestic abuse battery; failure to pay child support; and any felony warrants No Prior to arrest Peace officers (& magistrates)

Citation in Lieu of Arrest (22)Maine

Statute Eligible Offenses Exceptions Presumption of Citation When Issued Who Issues
17-A § 15-a When there is probable cause to believe a crime has been or is being committed. None identified No Prior to arrest Law enforcement officers

Citation in Lieu of Arrest (23)Maryland

Statute Eligible Offenses Exceptions Presumption of Citation When Issued Who Issues
Crim. Proc. Code § 4-101(c)(1)(i) Misdemeanors that do not carry a penalty of imprisonment; any misdemeanors with up to 90-day maximum penalty; and possession of marijuana. Violation of peace or protective order; violation of a condition of pretrial release while charged with a sex crime against a minor; possession of an electronic control device after conviction of a drug felony or violent crime; abuse or neglect of an animal Yes Either Peace officers
Crim. Proc. Code § 4-101 (c)(1)(ii) Sale of alcohol to minor or intoxicated person; malicious destruction property <$500; misdemeanor theft None identified No Either Peace officers
§§ Transp. Code 26-201, -202, -203 Traffic laws Impaired driving; failure to assist or provide information at accident; driving with invalid license; any offense resulting in bodily harm/ death; fleeing; racing resulting in serious bodily injury; falsification of vehicle documents Yes Prior to arrest Peace officers

Citation in Lieu of Arrest (24)Massachusetts

Statute Eligible Offenses Exceptions Presumption of Citation When Issued Who Issues
90C § 3 (B) Automobile law misdemeanors None identified No Prior to arrest Police officers

Citation in Lieu of Arrest (25)Michigan

Statute Eligible Offenses Exceptions Presumption of Citation When Issued Who Issues
§ 764.9c Misdemeanors with a maximum of 93 days' imprisonment Domestic assault; violation of a protection order; crimes subject to mandatory confinement or mandatory condition of pretrial release No After arrest Police officers
Any offense less than felony Domestic assault; violation of a protection order; crimes subject to mandatory confinement or mandatory condition of pretrial release No Prior to arrest Authorized public servants

Citation in Lieu of Arrest (26)Minnesota

Statute Eligible Offenses Exceptions Presumption of Citation When Issued Who Issues
§ 626.862

Offenses not specified. Statute gives law enforcement officers the power to issue citations in lieu of arrest

Stalking; domestic abuse; violation of an order for protection; violation of a domestic abuse no contact order (§ 629.72) No Either Peace officers
§ 169.91 Motor vehicle violations (registration, operation, or use of highways) Accident resulting in injury or death; negligent homicide; impaired driving; failure to stop for accident causing injury or damage Yes After arrest Peace officers
Crim. Proc. R. 6.01, subd. 1 Misdemeanors and petty misdemeanors Yes, unless citation is for the following misdemeanors: drug paraphernalia, prostitution, loitering, vehicle tampering, property damage, dangerous weapons, trespass, local drug ordinance violation. (§ 609.135) Either Peace officers
Crim. Proc. R. 6.01, subd. 2 Felonies and gross misdemeanors without warrant Aggravated impaired driving (§ 169A.40) No After arrest Peace officers; officer in charge of police or sheriff station

Citation in Lieu of Arrest (27)Mississippi

Statute Eligible Offenses Exceptions Presumption of Citation When Issued Who Issues
§ 99-3-18 Misdemeanors Domestic violence; protection order violations (§ 99-3-7(3)(a)) No After arrest Police officers; booking officers; superiors
§§ 63-9-21, -23 Traffic violations under chapters 3, 5, 7 None identified Not specified Not specified Police officers

Citation in Lieu of Arrest (28)Missouri

Statute Eligible Offenses Exceptions Presumption of Citation When Issued Who Issues
§ 300.580 Traffic law violations(See also Sup. Ct. R. 37) None identified No Prior to arrest Police officers

Citation in Lieu of Arrest (29)Montana

Statute Eligible Offenses Exceptions Presumption of Citation When Issued Who Issues
§ 46-6-310 When the officer has probable cause to believe a person has committed a crime Arrest is preferred response for: partner or family member assault involving injury to victim,use of a weapon,violation of restraining order, or imminent danger to victim
(§ 46-6-311)
No Not specified Peace officers

Citation in Lieu of Arrest (30)Nebraska

Statute Eligible Offenses Exceptions Presumption of Citation When Issued Who Issues
§ 29-422 Misdemeanors and infractions Violations of protection order for domestic violence or sexual assault
(§§ 28-311.11;42-928)
No - misdemeanors Yes - infraction Either Peace officers
§ 60-684 Traffic infractions None identified Yes Not specified Peace officers

Citation in Lieu of Arrest (31)Nevada

Statute Eligible Offenses Exceptions Presumption of Citation When Issued Who Issues
§§ 171.1771; -177; -.122 Misdemeanors Misdemeanors that require a bail hearing (§ 171.178)
Domestic battery (§ 171.137)
No Prior to arrest Peace officers
§ 484A.630 Traffic misdemeanors Failure to stop for mechanical condition inspection or weight restriction; impaired driving (§ 484A.730) No Prior to arrest Peace officers

Citation in Lieu of Arrest (32)New Hampshire

Statute Eligible Offenses Exceptions Presumption of Citation When Issued Who Issues
§ 594:14 Misdemeanors None identified No Prior to arrest Peace officers
§ 262:44 Traffic violations Reckless driving; impaired driving; transporting explosives or hazardous materials; certain speeding violations; traffic misdemeanors; traffic felonies Yes Not specified Peace officers

Citation in Lieu of Arrest (33)New Jersey

Statute Eligible Offenses Exceptions Presumption of Citation When Issued Who Issues
§ 2B:12-21; Crim. Proc. R. 3:4-1 Offenses committed in an officer’s presence Violation of domestic violence protection order (§ 2C:25-31) No After arrest Law enforcement officers
§ 39:5-25 Motor vehicle and traffic violations None identified No Prior to arrest Law enforcement officers

Citation in Lieu of Arrest (34)New Mexico

Statute Eligible Offenses Exceptions Presumption of Citation When Issued Who Issues
§ 31-1-6 Petty misdemeanors None identified No After arrest Law enforcement officers
§ 66-8-123 Motor vehicle misdemeanors Impaired driving; failure to stop at accident causing injury, death, or damage; reckless driving; driving with invalid license for impaired driving/implied consent
(§ 6-8-122)
Yes After arrest Law enforcement officers

Citation in Lieu of Arrest (35)New York

Statute Eligible Offenses Exceptions Presumption of Citation When Issued Who Issues
Crim. Proc. Law §§140.10, 140.27, 150.20 When authorized to arrest without a warrant for an offense or crime (includes certain class E felonies) (See also Veh. & Traffic§ 207) Class A, B, C, D felonies; 3rddegree rape; 3rddegree criminal sex act; 2nddegree escape; 1stdegree absconding from a temporary release; absconding from a community treatment facility, 2nddegree bail jumping
(§ 150.20)
Violation of a protection order; felony against a family or household member, or misdemeanor family offense
(§ 140.10 (4))
No Either Police officers; authorized public servants
Crim. Proc. Law § 150.75 Possession of marijuana None identified Yes After arrest Police officers

Citation in Lieu of Arrest (36)North Carolina

Statute Eligible Offenses Exceptions Presumption of Citation When Issued Who Issues
§ 15A-302 Misdemeanors or infractions None identified No Not specified Law enforcement officers; other authorized persons

Citation in Lieu of Arrest (37)North Dakota

Statute Eligible Offenses Exceptions Presumption of Citation When Issued Who Issues
§ 29-05-31 (traffic); Crim. Proc. R. 5(e) Crimes committed in an officer’s presence; motor vehicle offenses None identified No Either Law enforcement officers

Citation in Lieu of Arrest (38)Ohio

Statute Eligible Offenses Exceptions Presumption of Citation When Issued Who Issues
§ 2935.26
(seeCrim. Proc. R. 4.1)
Minor misdemeanors None identified Yes Prior to arrest Law enforcement officers
Crim. Proc. R. 4 Misdemeanors None identified No Prior to arrest Law enforcement officers

Citation in Lieu of Arrest (39)Oklahoma

Statute Eligible Offenses Exceptions Presumption of Citation When Issued Who Issues
22 § 209 Misdemeanors None identified No After arrest Law enforcement officers

Citation in Lieu of Arrest (40)Oregon

Statute Eligible Offenses Exceptions Presumption of Citation When Issued Who Issues
§§ 133.055; -.070 Misdemeanors; felonies authorized by law to be reduced to misdemeanors; certain ordinances Domestic disturbance with probable cause to believe that: an assault occurred between family or household members, or a person is in fear of imminent serious bodily injury; violation of a protection or restraining order (§ 133.310) No Either Peace officers
§ 810.410 Traffic crimes or violations None identified No Prior to arrest Police officers

Citation in Lieu of Arrest (41)Pennsylvania

Statute Eligible Offenses Exceptions Presumption of Citation When Issued Who Issues
Crim. Proc. R. 519; 441 2nddegree misdemeanors; 1st degree misdemeanors for impaired driving None identified Yes After arrest Law enforcement officers
Crim. Proc. R. 402 Summary offenses—punishable by a maximum of 90 days’ incarceration (See also 18 Pa.C.S.A.§ 106) None identified Yes Prior to arrest Law enforcement officers

Citation in Lieu of Arrest (42)Rhode Island

Statute Eligible Offenses Exceptions Presumption of Citation When Issued Who Issues
§§ 12-7-11; -12 Misdemeanors Domestic violence offenses and violent crimes against the elderly (§§ 12-29-1.4; -3) No Either Peace officers; officer in charge of a police station
§ 31-27-12 Traffic offenses or possession of marijuana— observed by officer None identified Yes Prior to arrest Police officers

Citation in Lieu of Arrest (43)South Carolina

Statute Eligible Offenses Exceptions Presumption of Citation When Issued Who Issues
§ 56-7-10 (A) Offenses enumerated in § 56-7-10 (all traffic offenses, plus 50+ non-traffic related offenses) None identified Yes After arrest Law enforcement officers
§§ 56-7-10 (B); -15 Misdemeanor offenses under magistrate’s jurisdiction committed recently or in the officer’s presence (maximum penalty of 30 days' jail and $500 fine) (§ 22-3-540) None identified No After arrest Law enforcement officers

Citation in Lieu of Arrest (44)South Dakota

Statute Eligible Offenses Exceptions Presumption of Citation When Issued Who Issues
§ 23-1A-7 Public offenses
(See also§ 22-1-2)
Probable cause of aggravated domestic assault or domestic assault involving injury or threat of injury AND a protection order exists or there was an assault in the preceding 48 hours (§ 23A-3-2.1) No Prior to arrest Law enforcement officers
§§ 23-1A-2, -5, -11 Traffic petty and misdemeanor offenses None identified Not specified Not specified Law enforcement officers
§ 32-33-2 Misdemeanor motor vehicle violations Offenses causing an accident resulting in injury or death; reckless driving; impaired driving; driving with invalid license; driving through roadblock (§ 32-33-4) Yes After arrest Law enforcement officers

Citation in Lieu of Arrest (45)Tennessee

Statute Eligible Offenses Exceptions Presumption of Citation When Issued Who Issues
§ 40-7-118 (b) (1) Misdemeanors Driving under the influence unless the offender was admitted to a hospital or detained for medical treatment for at least three hours; misdemeanor traffic offenses (§ 40-7-118 (b) (2))
Accidents resulting in serious bodily injury or death where driver has neither a valid license nor proof of insurance (§ 55-10-119)
Yes After arrest Peace officers
§ 40-7-118 (b) (3) Shoplifting; writing bad checks; use of invalid or fraudulent driver’s license; in certain cases, assault and prostitution None identified No After arrest Peace officers
§ 55-10-207 Certain traffic misdemeanors; no proof of insurance; mobile home transport violations Criminally negligent homicide; voluntary manslaughter or murder; impaired driving; accident causing death, injury, or property damage (§ 55-10-203) Yes, except for mobile home transport violations After arrest Law enforcement officers

Citation in Lieu of Arrest (46)Texas

Statute Eligible Offenses Exceptions Presumption of Citation When Issued Who Issues
C. Crim. Proc. Art. 14.06. Class C misdemeanors; Class A or B misdemeanors (occurring in county of residence) for driving while license invalid; contraband in correctional facility; theft of service; theft; graffiti; criminal mischief; possession of substance penalty group 2-A; possession of marijuana No After arrest Peace officers
Transp. Code § 543.003 Misdemeanor violations – traffic laws Failure to stop in accident causing damage to property (§ 543.002) No After arrest Peace officers
Transp. Code § 543.004 Speeding, using wireless device while driving, open container violations See § 543.002 Yes Not specified Peace officers

Citation in Lieu of Arrest (47)Utah

Statute Eligible Offenses Exceptions Presumption of Citation When Issued Who Issues
§ 77-7-18 Misdemeanors and infractions Domestic violence if believe violence will continue or evidence of serious bodily injury or use of dangerous weapons (§ 77-36-2.2) No Either Peace officers; public officials charged with enforcement of law authorized volunteers

Citation in Lieu of Arrest (48)Vermont

Statute Eligible Offenses Exceptions Presumption of Citation When Issued Who Issues
Crim. Proc. R. 3 (b), (f) Misdemeanors committed outside the presence of officer Assault against a family member; impaired driving; hate-motivated crimes; stalking; simple assault; reckless endangerment; cruelty to children; failure to comply with sex offender registration; abuse of a vulnerable adult; violation of a protection order Yes Prior to arrest Law enforcement officers

Citation in Lieu of Arrest (49)Virginia

Statute Eligible Offenses Exceptions Presumption of Citation When Issued Who Issues
§ 19.2-74 Class 1 – 4 misdemeanors; nonjailable misdemeanors; ordinances Impaired driving; public drunkenness; protection order violation; domestic assault(§ 19.2-81.3) Yes After arrest Arresting officer; conservators of the peace
§ 46.2-936 Misdemeanor vehicle violations Impaired driving of commercial vehicles Yes After arrest Law enforcement officers

Citation in Lieu of Arrest (50)Washington

Statute Eligible Offenses Exceptions Presumption of Citation When Issued Who Issues
§ 10.31.100
Crim. R. Cts. Ltd Juris. 2.1 (appendix tit. 10)
Misdemeanors or gross misdemeanors committed in the presence of an officer Offenses enumerated in § 10.31.100, including protection order violations, domestic assault No Either Peace officers
§ 46.64.015 Traffic violations punishable as misdemeanor or by fine (committed in officer’s presence) Offenses enumerated in § 10.31.100 (3), including impaired driving, reckless driving, driving without a license No After arrest Peace officers

Citation in Lieu of Arrest (51)West Virginia

Statute Eligible Offenses Exceptions Presumption of Citation When Issued Who Issues
§ 62-1-5a Misdemeanors; shoplifting Offenses involving injury to a person (§ 62-1-5a);domestic assault or battery(§ 48-27-1002 (c)) No Prior to arrest Law enforcement officers
§ 17C-19-4 Traffic misdemeanors Negligent homicide; impaired driving; failure to stop in accident causing death, injury or property damage(§ 17C-19-3) No After arrest Law enforcement officers

Citation in Lieu of Arrest (52)Wisconsin

Statute Eligible Offenses Exceptions Presumption of Citation When Issued Who Issues
§ 968.085 Misdemeanors Domestic abuse offenses if believe abuse will continue, involves physical injury, or the arrestee is the predominant aggressor § 968.075). Violation of protection order involving domestic abuse, child abuse, or harassment. (§ 968.07 (1m)) No Either Law enforcement officers
§ 345.23 Traffic regulations In certain impaired driving cases (§ 346.63) Yes After arrest Law enforcement officers

Citation in Lieu of Arrest (53)Wyoming

Statute Eligible Offenses Exceptions Presumption of Citation When Issued Who Issues
§ 7-2-103 Misdemeanors None identified No After arrest Peace officers
§ 31-5-1205 Traffic misdemeanors Vehicular homicide; impaired driving; failure to stop at accident resulting in injuries Yes, except at scene of an accident Not specified Peace officers

Citation in Lieu of Arrest (54)District of Columbia

Statute Eligible Offenses Exceptions Presumption of Citation When Issued Who Issues
§ 23-584 Eligible misdemeanors Charged with a dangerous crime, crime of violence, domestic violence, or felony No After arrest Law enforcement officers or releasing officials

NCSL Resources

  • Pretrial ReleaseHomepage
  • Pretrial Policies Databases
  • State Pretrial Policy: Enacted Legislation
  • Misdemeanor Sentencing Trends

Additional Resources

  • American Bar Association:Pretrial Release, Standards 10-2.1 to 10-2.4 (Citations)
  • International Association of Chiefs of Police: Citation in Lieu of Arrestwebpage andreport

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