Criminal citation
A criminal citation is used by police in some jurisdictions in order to charge a person with a misconduct or a crime without the need of making a physical arrest. They are generally used for non-violent fineable violations and petty offenses that carry little incarceration time.[1][2] Convictions for criminal citations may show as such on a criminal record.[3][4]
Requirements for issuance of a criminal citation vary by jurisdiction but generally the suspect must have no open warrants and a valid identity document such as any state ID card, driver's license, military ID, or a passport of any country.
References
- "Alabama v. Shelton, 535 U.S. 654 (2002)". U.S. Supreme Court. Harvard Law School. May 20, 2002. p. 670 n.10.
In Pennsylvania, for example, all defendants charged with misdemeanors enjoy a right to counsel regardless of the sentence imposed, only those charged with 'summary offenses' (violations not technically considered crimes and punishable by no more than 90 days' imprisonment, ... may receive a suspended sentence uncounseled. (Typical 'summary offenses' in Pennsylvania include the failure to return a library book within 30 days... and fishing on a Sunday ....
(citations omitted) - See, e.g.,
- "Title 18 § 1105. Sentence of imprisonment for summary offenses". Pennsylvania General Assembly.
A person who has been convicted of a summary offense may be sentenced to imprisonment for a term which shall be fixed by the court at not more than 90 days.
(emphasis added) - "Title 18 § 6106.1. Carrying loaded weapons other than firearms". Pennsylvania General Assembly.
(a) General rule.--Except as provided in Title 34 (relating to game), no person shall carry a loaded pistol, revolver, shotgun or rifle, other than a firearm as defined in section 6102 (relating to definitions), in any vehicle.... Penalty.--A person who violates the provisions of this section commits a summary offense.
- "Title 75 § 4730. Violations of use of certificate of inspection". Pennsylvania General Assembly.
- "Title 75 § 7124. Fraudulent use or removal of registration plate". Pennsylvania General Assembly.
- "Title 18 § 1105. Sentence of imprisonment for summary offenses". Pennsylvania General Assembly.
- "Adefemi v. Ashcroft, 386 F.3d 1022". U.S. Court of Appeals for the Eleventh Circuit. Harvard Law School. September 28, 2004. p. 1025.
During a hearing on remand, Adefemi acknowledged several other convictions and arrests, including the circumstances surrounding Georgia Citation Number 0129, under which Adefemi received a citation for a weapons violation.
- "Awad v. Gonzales, 494 F.3d 723". U.S. Court of Appeals for the Eighth Circuit. Harvard Law School. July 20, 2007. p. 724 & n.2.
See also
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