What is a Citation?
Citations, in the context of law enforcement, are legal orders issued by a law enforcement official to an individual, rather than an arrest. A citation is a written notification of misdemeanors and traffic violations, commonly issued by police officers. The issuance of a citation will often amount to a simple fine for a defendant and is generally how most traffic violations are handled in Colorado. Citations are usually issued for misdemeanor and civil infractions, rather than felonies.
The main difference between a citation and an arrest is that when a citation is issued, no court appearance is required (as long as the citation is not contested), while an arrest is always followed by some kind of a court appearance. Depending on the type of citation issued, the penalty for violating the law can be a fine, a warning, or even an arrest .
If the defendant decides to contest the citation, the burden falls on the prosecution to prove that the defendant is guilty of violating the law, similar to other proceedings in which criminal intent must be proven by the prosecutor. The defendant does not need to offer any evidence of innocence, as is customary in a criminal proceeding.
In many cases, a defendant may wish to have legal counsel present for a citation hearing. A citation hearing, unlike a court appearance, is usually heard in a municipal court. A municipal court is a city court that only handles certain cases for the local municipality. As such, the municipal court will also handle appeals from those convictions in the state district court in the area where the municipal court is located.
For example, citation hearings for an Aurora citation are held at the Aurora Municipal Court. Any appeals from convictions by the Aurora municipal court will be heard at the Denver District Court or the Arapahoe County District Court.
Types of Citations
Traffic citation. A traffic citation may be written for numerous reasons, including, but not limited to, speeding tickets, driving without a license and driving on the wrong side of the road. While traffic violations are the most common types of citations served, there are numerous other types of citations that may be issued by law enforcement.
Misdemeanor citation. A misdemeanor citation is generally those citations that are not traffic-related and that are usually handled in the local or municipal court. These citations are also penalized by laws that fall under the local and municipality laws of the county. Some of the most common misdemeanor citations include simple assault, disorderly conduct, fraud and falsifying information. However, it is important to note that a misdemeanor citation will become felony charges if the offense is repeated several times and becomes habitual. This would then lead to an arrest warrant being issued.
Citation with arrest. These citations result in the immediate arrest of the recipient. The reason that the citation is written and not the criminal charge is that an arrest cannot be made for certain offenses unless a summons is issued. An arrest has to be made for any offense that is punishable by incarceration or a fine.
Issuing a Citation
The process of issuing a citation begins when an officer has cause to believe a violation has been committed. Sometimes officers write citations right there at the scene of a suspected infraction, while other times, they will issue the citation at their station or headquarters later on. If an officer witnesses the violation, the citation will list the time and place of the event. Otherwise, it will simply state the date of issuance for the citation document itself. A few details that may be standard on a citation include the date, time, location, and a brief description of the incident. Additional details, including relevant case and reporting numbers, may also be included.
The named party should receive a copy of the citation in question (or a copy of the citation document as a whole), as tickets are contracts with the government. That means the officer must be sure to grant them a copy of the citation to ensure the accused is aware of what the ticket says and can adequately prepare for their court date.
Penalties and Outcomes
Once you have been issued a citation, there are three possible things that can happen:
- You will be given a ticket with no points and will pay a fine and/or fees.
- You will be given a ticket with three points in which you will pay a fine and/or fees.
- You will be given a ticket with points that require you to appear in court.
Number 1 is usually a minor violation. You will pay a fine with no conviction placed on your record. However, it is still recommended that you consult with an attorney who can advise you on options you have post citation.
Number 2 is considered a non-moving violation. However, if you fail to appear , it may be difficult to contest the citation. It is recommended you consult with an attorney to determine if this is a proper ticket for mitigation or to obtain court supervision. Keep in mind ticket mitigation is only available once every 12 months.
Number 3 is considered moving violations that require you to appear in court. If you fail to appear you will be found guilty in absentia and be required to pay a fine/fees, receive a conviction placed on your driving record and you will not be able to contest the citation. However, keep in mind the options available to you in order to contest the driving under suspension citation.
How to Handle a Citation
After receiving a citation in Pennsylvania, there are a few options available to the individual. First, the person can pay the fine. There is a misconception that paying a fine for a citation is an admission of guilt. It is not. It is important to remember that a citation is civil matter and not a criminal matter.
Second, if the citation has serious ramifications for the individual, he or she may choose to challenge the citation. An example of a citation that has serious ramifications would be a citation issued to a driver because it could impact his or her driver’s license.
Third, the individual may want to attend the hearing, especially if the police officer does not show up. If the police officer does not appear, the citation may be dismissed at no cost to the person. Or, you may want to attend the citation hearing because the result may be worth the time involved and the cost of the fines.
The Use of Citations in Law Enforcement
Citations play a vital role in the overall effectiveness of law enforcement units. From keeping tabs on habitual offenders to offering a paper trail in the case of a vehicular collision, citations serve many purposes. When law enforcement officers issue citations, they do more than just penalize the offending parties; they help provide a safer environment for everyone by deterring possible offenders.
Citations also help create a record of who can be found in a particular area at a given time and how often specific crimes are committed in a certain geographic region. All paperwork issued by law enforcement units, including citations, is stored for future reference. This paperwork includes information about missing persons, gang members, sex offenders, drug abusers and parole violators as well as documentation regarding traffic collisions. In this way, citations can provide police detectives with the information needed to solve robbery and violent crime cases.
The vast majority of police citations are issued for minor traffic-related offenses, such as speeding, driving without a license or driving with an expired inspection sticker . Like other types of citations, traffic-related citations have more than one desired effect. First and foremost, they help ensure public safety by penalizing unsafe drivers. Traffic citations also provide police officers with the ability to keep track of the driving habits of habitual offenders so they can issue further penalties if necessary.
To put things in proper perspective, more than one third of all police-cited fatalities are linked to someone driving under the influence of drugs or alcohol. In more than 17 percent of all fatal crashes, both the driver and at least one occupant of the car was not wearing a seatbelt. Between 2007 and 2012, distractions such as texting and talking on the phone contributed to 10,549 of all car accident fatalities.
Clearly, the job of police officers would be impossible without citations. In addition to creating the foundation for a safer community, citations offer an objective view of the many facets of crime, including driving under the influence, theft, robbery and assault.