Cited and Released for a Misdemeanor in California? Do I Need a Lawyer for a Citation?

Q: Is a cite and release a conviction?

No. A citation under Penal Code section 853.6 is an arrest and a notice to appear, not a conviction. A conviction happens only if you plead guilty or no contest or are found guilty after trial. Until then the case can be declined, diverted, reduced, or dismissed.

Q: Can I handle a misdemeanor citation by mail?

Generally no. Unlike an infraction, a misdemeanor requires an appearance by you or your attorney at arraignment under Penal Code section 988. Some courts allow an attorney to appear and enter a plea on your behalf under Penal Code section 977, subdivision (a), which is the closest thing to handling it without attending.

Q: Will a misdemeanor citation show up on a background check?

The arrest can, and a conviction will. The arrest record exists from the moment the citation is issued. If the case is not filed or is dismissed, you can petition to seal the arrest under Penal Code section 851.91. If you are convicted and later complete probation, a dismissal under Penal Code section 1203.4 on form CR-180 limits what most private employers can see, as explained in our guide on expungement.

Q: What if the court date on my citation has already passed?

Act immediately. If no complaint was filed, there may be no warrant yet, and a lawyer can confirm the status. If a complaint was filed and you did not appear, a bench warrant likely exists, and appearing voluntarily with counsel is far better than being arrested on it. Our guide on missing court in California covers the steps.

Q: How much does a lawyer cost for a misdemeanor citation?

Less than most people expect, and we quote it up front. Daniel Gramling, Esq. offers flat-fee and limited-scope options for most cited misdemeanors, including pre-filing intervention, arraignment, and diversion requests, so the fee is known before you decide.

Daniel Gramling, Esq.

2 minutes ago

10 min read

Cited and Released for a Misdemeanor: The Short Answer

The short answer: a misdemeanor citation with a notice to appear is a criminal case, and in most situations you should talk to a lawyer before the court date printed on it. Being cited and released under Penal Code section 853.6 means the officer chose not to book you into jail, not that the charge is minor or that it will go away. The District Attorney still reviews the report and decides whether to file a complaint, the court still holds an arraignment, and a conviction still creates a criminal record with the same consequences as a conviction after a custodial arrest. The weeks between the citation and the arraignment are often the best time to influence the outcome, because the charging decision has not been made yet. Our criminal defense practice handles cited misdemeanors in every courthouse from Barstow to Long Beach.

What Cite and Release Under Penal Code 853.6 Means

The officer issued a notice to appear instead of booking you. Penal Code section 853.6 provides that when a person is arrested for a misdemeanor and is not taken before a magistrate, the officer generally must release the person on a written notice to appear unless specific reasons for custody apply, such as the person being so intoxicated that they are a danger, needing medical care, having outstanding warrants, refusing to sign the promise to appear, or the officer having a reasonable belief the person will not appear. The notice lists the offense, the time and place to appear, and your signed promise to appear. Signing the notice is not an admission of guilt; it is only a promise to show up.

You were arrested, even though you went home. A cite and release is legally an arrest, and it will appear on a background check as an arrest until the record is sealed. That matters for employment, licensing, and immigration. If the case is never filed or is dismissed, you can petition to seal the arrest record under Penal Code section 851.91, which we explain in our guide on sealing an arrest record.

Common cited misdemeanors. In the Inland Empire and Los Angeles County, the misdemeanors most often handled by citation include petty theft and shoplifting under Penal Code section 484 and Penal Code section 459.5, possession of a controlled substance under Health and Safety Code section 11377 or Health and Safety Code section 11350, drug paraphernalia under Health and Safety Code section 11364, driving on a suspended license under Vehicle Code section 14601, reckless driving under Vehicle Code section 23103, public intoxication under Penal Code section 647, subdivision (f), disturbing the peace under Penal Code section 415, trespass under Penal Code section 602, vandalism under Penal Code section 594, and simple battery under Penal Code section 242. Domestic violence and DUI arrests usually involve booking rather than a field citation, although DUI arrestees are often released on a citation after booking.

Is a Misdemeanor Citation the Same as a Traffic Ticket?

No, and the difference is the whole point. A traffic infraction under the Vehicle Code, such as speeding, carries a fine and no jail, is not a crime for most purposes under Penal Code section 19.6, and can often be handled by paying or by trial by written declaration under Vehicle Code section 40902. A misdemeanor citation charges a crime punishable by county jail. Under Penal Code section 19 a misdemeanor without a specified punishment carries up to six months in county jail, and many misdemeanors carry up to one year. The citation form looks similar to a traffic ticket, which is why people set it aside, but the box checked for misdemeanor changes everything.

You cannot just pay a misdemeanor citation. Unlike a traffic ticket, a misdemeanor requires an appearance, either by you or in many cases by your attorney under Penal Code section 977, subdivision (a). There is no bail-forfeiture option that closes the case without a court record. Some Vehicle Code misdemeanors can be reduced to infractions at the prosecutor's or the court's discretion under Penal Code section 17, subdivision (d), which is one of the outcomes a lawyer pursues before arraignment.

What Happens Between the Citation and the Court Date

The District Attorney reviews the report and decides whether to file. The officer's report goes to the District Attorney, or in some cities to the City Attorney, who decides whether to file a complaint, what to charge, and whether to add or reduce counts. Our guide on what prosecutors look at before filing charges explains that review. In busy jurisdictions the complaint is sometimes not filed by the citation date, and the clerk tells you no case is on calendar; that does not end the matter, because the prosecutor generally has one year from the offense to file a misdemeanor under Penal Code section 802, as explained in our guide on how long the DA has to file charges.

A lawyer can sometimes reach the prosecutor before filing. Where the facts support it, defense counsel can submit a letter with context, restitution, proof of treatment, or exculpatory evidence to the filing deputy before the charging decision. That is how some shoplifting, paraphernalia, and disturbing the peace citations become declined filings, infractions, or referrals to a city attorney hearing instead of criminal cases. This window closes once the complaint is filed, which is why waiting for the court date to find a lawyer costs real options.

Gather your own evidence now. Store video, witness contact information, receipts, text messages, and photographs disappear quickly. Our guide on what makes a criminal case weak explains the kinds of gaps that lead to dismissals, and most of them are easier to prove with evidence preserved in the first weeks.

What Happens at the Court Date on a Misdemeanor Citation

Arraignment. The date on the citation is the arraignment under Penal Code section 988, where the charges are read, a plea is entered, and the court addresses release conditions. For most misdemeanors a private attorney can appear for you under Penal Code section 977, subdivision (a), although domestic violence and DUI cases have exceptions, as explained in our guide on whether you have to go to court for a misdemeanor. The complaint and initial discovery under Penal Code section 1054.1 are provided at or shortly after arraignment. Entering a not guilty plea preserves every option; pleading guilty at the first appearance to get it over with waives defenses the discovery has not yet revealed.

Where you appear depends on the city of the citation. Citations issued in Barstow, Fort Irwin, and Needles are generally heard at the Barstow courthouse; Victorville, Hesperia, Apple Valley, and Adelanto citations at the Victorville courthouse; San Bernardino, Redlands, Highland, and Colton citations at the San Bernardino Justice Center; Rancho Cucamonga, Ontario, Upland, and Chino citations at the Rancho Cucamonga courthouse; Fontana and Rialto citations at the Fontana courthouse; Riverside, Moreno Valley, and Corona citations at the Riverside Hall of Justice; Temecula and Murrieta citations at the Southwest Justice Center; Palm Springs and Indio citations at the Larson Justice Center; Long Beach citations at the Long Beach courthouse; Van Nuys citations at the Van Nuys courthouse; and downtown Los Angeles citations at the Clara Shortridge Foltz Criminal Justice Center. Assignments change, so use the courthouse printed on the citation and confirm it on the court's current website. If you were cited in Barstow, our guide on what to expect at the Barstow courthouse covers the local process.

Pretrial conferences and resolution. After arraignment the case is set for a pretrial conference where the defense and the prosecutor discuss the evidence and any offer. Many cited misdemeanors resolve through diversion, a reduction to an infraction, a plea to a lesser charge, or a dismissal after a motion. Our guide on how to get criminal charges dismissed walks through the paths that lead there.

Why You Should Talk to a Lawyer Even for a Minor Citation

Diversion depends on asking the right way. Penal Code section 1001.95 allows a judge to grant misdemeanor diversion over the prosecutor's objection for most misdemeanors, with exclusions for domestic violence, stalking, DUI, and offenses requiring sex offender registration, and a successful diversion ends with a dismissal and the arrest treated as if it did not occur. Drug possession citations can qualify for diversion under Penal Code section 1000, and defendants with a diagnosed mental health condition may qualify under Penal Code section 1001.36. These programs are not automatic; they are requested, supported with documentation, and argued. Our guides on misdemeanor diversion under 1001.95, PC 1000 drug diversion, and mental health diversion explain eligibility.

A conviction follows you. A misdemeanor conviction appears on background checks, affects professional licenses, can trigger immigration consequences for non-citizens, and becomes a prior that increases penalties for a later offense. A theft conviction in particular is a crime of moral turpitude that employers and immigration authorities treat seriously. Our guide on immigration consequences of a California conviction explains why a non-citizen should never plead to a cited misdemeanor without advice.

The evidence is often weaker than the citation suggests. Officers who cite rather than book have frequently done a shorter investigation, and the case may rest on a single witness, a store employee's account, or a field test. A lawyer reviews the body camera footage, the witness statements, and the basis for any search; a search problem can be raised under Penal Code section 1538.5, as explained in our guide on 1538.5 motions. Statements you made during the stop are reviewed under Miranda v. Arizona (1966) 384 U.S. 436, and our guide on what not to say to police explains why those statements usually matter more than the physical evidence.

Public defender or private counsel. If you cannot afford a lawyer, the court appoints the public defender at arraignment, but the public defender generally cannot act before the case is filed. A private attorney can engage with the prosecutor before filing and can appear for you at most hearings so you do not miss work. Our guide comparing a public defender and a private attorney discusses the trade-offs, and our flat-fee pricing page explains how we price cited misdemeanors so the cost is known in advance.

What Happens If You Ignore a Misdemeanor Citation

A bench warrant and a new charge. Willfully failing to appear after signing a promise to appear is itself a misdemeanor under Penal Code section 853.7, and the court issues a bench warrant under Penal Code section 978.5. The warrant stays active until you appear or a lawyer recalls it, it shows up on any traffic stop, and it changes the court's view of you on release conditions. Our guide on what happens if you miss court explains how to clear a warrant, and our guide on clearing a bench warrant at the Victorville courthouse covers the High Desert process.

License holds for Vehicle Code citations. For a Vehicle Code misdemeanor such as driving on a suspended license or reckless driving, a failure to appear is reported to the DMV, which can hold or suspend your license until the case is resolved. Our guide on driving on a suspended license explains how one unresolved citation turns into a cycle of new charges.

If the case was never filed, do not assume it is over. Check with the clerk, keep your contact information current, and ask a lawyer to confirm whether the prosecutor declined to file or simply has not filed yet. A case filed months later with a notice mailed to an old address is a common way people end up with warrants they never knew about.

Frequently Asked Questions

Is a cite and release a conviction?

No. A citation under Penal Code section 853.6 is an arrest and a notice to appear, not a conviction. A conviction happens only if you plead guilty or no contest or are found guilty after trial. Until then the case can be declined, diverted, reduced, or dismissed.

Do I need a lawyer for a misdemeanor citation if I plan to plead guilty?

Yes, because the plea has consequences you cannot undo easily. A guilty plea creates a criminal record, can affect licenses and immigration status, and becomes a prior. A lawyer can often secure diversion, an infraction, or a dismissal where a self-represented defendant would have pleaded guilty at the first date. Withdrawing a plea later under Penal Code section 1018 is possible only in limited circumstances, as our guide on withdrawing a guilty plea explains.

Can I handle a misdemeanor citation by mail?

Generally no. Unlike an infraction, a misdemeanor requires an appearance by you or your attorney at arraignment under Penal Code section 988. Some courts allow an attorney to appear and enter a plea on your behalf under Penal Code section 977, subdivision (a), which is the closest thing to handling it without attending.

Will a misdemeanor citation show up on a background check?

The arrest can, and a conviction will. The arrest record exists from the moment the citation is issued. If the case is not filed or is dismissed, you can petition to seal the arrest under Penal Code section 851.91. If you are convicted and later complete probation, a dismissal under Penal Code section 1203.4 on form CR-180 limits what most private employers can see, as explained in our guide on expungement.

What if the court date on my citation has already passed?

Act immediately. If no complaint was filed, there may be no warrant yet, and a lawyer can confirm the status. If a complaint was filed and you did not appear, a bench warrant likely exists, and appearing voluntarily with counsel is far better than being arrested on it. Our guide on missing court in California covers the steps.

How much does a lawyer cost for a misdemeanor citation?

Less than most people expect, and we quote it up front. Daniel Gramling, Esq. offers flat-fee and limited-scope options for most cited misdemeanors, including pre-filing intervention, arraignment, and diversion requests, so the fee is known before you decide.

Talk to a Criminal Defense Lawyer Before Your Citation Date

Gramling Law Group defends cited misdemeanors at the Barstow and Victorville courthouses, the San Bernardino Justice Center, the Rancho Cucamonga and Fontana courthouses, the Riverside Hall of Justice, the Southwest Justice Center in Murrieta, the Larson Justice Center in Indio, the Long Beach, Van Nuys, and Pomona courthouses, the Clara Shortridge Foltz Criminal Justice Center, and the Orange County justice centers, and throughout the Inland Empire, Los Angeles County, Orange County, and Southern California. Clients from Barstow, Victorville, Riverside, Long Beach, and Pomona get a direct review of the citation, the evidence, and the options before the first court date. Daniel Gramling, Esq. offers flat-fee criminal defense and limited-scope options so you know the cost before you commit. Call (909) 654-4575 or contact us through this website for a consultation.