If you’ve been issued a citation for a misdemeanor in California, it’s important to understand your rights and obligations under California Penal Code § 853.6 PC. This law allows law enforcement officers to issue citations instead of making arrests in certain misdemeanor situations. In this article, we’ll explain what Penal Code 853.6 covers, how it works, who it applies to, and what you should do if you receive a citation under this code.
What is California Penal Code § 853.6 PC?
Penal Code § 853.6 allows police officers to issue a citation to someone accused of a misdemeanor rather than arresting and detaining them. This citation is an official notice requiring the person to appear in court at a specified time and location. The goal of this law is to reduce unnecessary arrests and ease jail overcrowding while ensuring that individuals are still held accountable through the legal system.
Key Points of Penal Code § 853.6
1. Applies to Misdemeanor Offenses Only
This code applies exclusively to misdemeanor offenses, which are less serious crimes with penalties that may include fines, probation, or jail time up to one year. Felonies and infractions are governed by different laws.
2. When Can an Officer Issue a Citation Instead of Arresting?
A citation can be issued if all the following are true:
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The person committed a misdemeanor.
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The officer believes the person will appear in court.
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The person hasn’t failed to appear for similar offenses before.
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The offense does not require mandatory arrest.
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The person is not currently on probation or parole.
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There is no immediate threat to public safety.
3. What Must the Citation Include?
The citation should have:
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The name of the person cited.
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Details of the offense.
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The date, time, and location of issuance.
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Court appearance information.
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Instructions on how to respond or contest the charges.
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Warning about consequences for failing to appear.
4. Court Appearance Is Mandatory
Failing to appear in court as directed can lead to additional charges and an arrest warrant.
Why Is Penal Code § 853.6 Important?
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Reduces Jail Overcrowding: Limits unnecessary arrests for minor offenses.
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Protects Rights: Avoids the disruption and stigma of arrest.
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Improves Court Efficiency: Courts can better schedule and manage cases.
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Encourages Compliance: Clear court dates and consequences help ensure defendants show up.
Frequently Asked Questions
Q: What should I do after receiving a citation?
Follow the instructions carefully and appear in court on the scheduled date. Consulting an attorney can help you understand your options and prepare your defense.
Q: Can I be arrested after getting a citation?
Yes. Failure to appear in court or violating citation terms can lead to arrest.
Q: Does receiving a citation mean I’m guilty?
No. The citation is a notice to appear; guilt or innocence is determined in court.
Q: Can I just pay a fine instead of going to court?
Sometimes, but it depends on the case and jurisdiction. Check with the court.
Q: What if I miss my court date?
A warrant may be issued for your arrest. Contact the court immediately if you miss your appearance.
How to Handle a Citation Under Penal Code § 853.6
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Read Your Citation Thoroughly — Understand the charges and court details.
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Consider Legal Help — An attorney can advise if you want to contest the citation or negotiate.
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Attend Your Court Date — Be punctual and prepared.
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Explore Your Options in Court — Possible outcomes include plea deals, trials, diversion programs, or paying fines.
Exceptions and Limitations
Certain offenses like domestic violence, DUI, weapons charges, or probation violations may not qualify for citations under this law. People on parole or probation are often ineligible.
Final Thoughts
California Penal Code § 853.6 offers an alternative to arrest in many misdemeanor cases, balancing accountability with fairness and efficiency. If you receive a citation under this statute, don’t ignore it. Attend your court date and consider consulting an experienced traffic ticket defense attorney to protect your rights.
Need Legal Assistance?
If you or a loved one has been issued a misdemeanor citation in Southern California, the experienced team at Southwest Legal is here to help. Contact us today for trusted advice and strong representation to safeguard your rights and guide you through the legal process.
