Citation

A citation can be issued for a minor crime such as some misdemeanors or infractions. 

When a police officer has probable cause to believe that a person committed a minor misdemeanor or an infraction (such as a vehicle law violation) they may issue a citation to the alleged offender. 

What is a Citation?

A citation is a notice to appear before the court at a specific place, date, and time. 

Failure to comply with the requirements set forth by a citation can result in a failure to appear charge, which can result in an arrest warrant and enhance the penalties received for the original criminal or civil violation. 

A citation may be issued for a variety of civil and criminal violations including:

• Traffic violations
• Animal ordinance violations
• Alcohol consumption violations
• Juvenile smoking violations

Examples of traffic infractions for which a citation may be issued include, but are not limited to:

• Speeding
• Failing to observe traffic signals
• Driving too slowly
• Failing to observe right of way

After a Citation is Issued

When a person commits an act for which a citation may be issued, the officer will not arrest the person for their violation under most circumstances. When you are stopped by the police, a warrant is generally not required if the officer has probable cause for stopping you.

Typically you will be required to identify yourself. You have the right to remain silent and anything you say can be later used against you. 

Signing the Citation

When an officer issues a citation for the violation, the person will have to sign the violation. Signing a citation does not mean that you have admitted guilt; it simply acknowledges that you have received the citation and agree to abide by its terms. If you refuse to sign the citation, the officer may arrest you and charge you with the misdemeanor crime of refusal to sign the citation. 

Option to Pay

When you receive a citation for a minor infraction or misdemeanor, the citation itself will explain where and when you are to appear in court. For some violations, you may have the option to pay the fine listed on the citation for the violation in question.  Most jurisdictions have a pre-determined schedule of fines which states the specific fine for a specific violation. 

In most cases, if you do not wish to contest the citation, you can pay this fine before or on the court date to resolve the matter.

Contesting the Citation

After receiving a citation, you may also have the option to request a hearing to explain the circumstances. Typical requests by defendants in these hearings can include:

• A reduction in the fine
• A payment plan
• An alternative community service order

If you wish to contest a citation, you may also request a contested hearing, where the judge will decide by a preponderance of evidence, whether or not the infraction was committed. 

A reduced penalty may still be imposed if the judge determines the defendant committed the violation listed on the citation.  The defendant has the right to legal representation throughout these proceedings.  Please contact us to speak with an experienced attorney in your area about your legal rights and options after being issued a citation.