505 MISDEMEANOR CITATION RELEASE

Question 1

The purpose of the Misdemeanor Notice to Appear is to ____________ in an efficient manner.

Answer 1

release nonviolent offenders from custodial arrest

Question 2

Officers shall select the least intrusive/severe method of enforcement when considering issuing a citation in lieu of
arrest, which will:

Answer 2

1. Stop existing criminal conduct;
2. Remove the imminent threat of violence or criminal conduct.
3. Prevent persons from endangering themselves or others.

Question 3

Should the arresting officer choose custodial arrest rather than a Misdemeanor/Cite and Release Citation release, the
officer:

Answer 3

States in the offense report the reasons why physical arrest was appropriate

Question 4

When issuing a Misdemeanor/Cite and Release Citation, the arresting officer:

Shall sufficiently identify the violator;
a. A form of government photo identification is preferable (State issued ID card/Driver’s license, Passports, Consular ID, ________ or school/university ID);
b. If government photo identification is not available, officers shall use all reasonably available means to confirm the validity of the personal information provided by the person in custody and shall document ________ to establish the identity of the person in custody.

Answer 4

San Antonio Public Library card
/
what identification was used

Question 5

When issuing a Misdemeanor/Cite and Release Citation, the arresting officer: Sets an arraignment date accordingly:

a. For San Antonio Municipal Court Misdemeanor Citations:
1) 17 and older –

2) 16 and younger –

b. For Bexar County Courts:
1) Set Date of Appearance

Answer 5

1) count 50 calendar days and then assign on a Monday through Friday
/
2) count 50 calendar days and then assign on a Monday through Thursday.
/
1) 10 calendar days from Issue Date of citation.

Question 6

The officer shall attach a copy of the applicable report, including any evidentiary photographs, to the Misdemeanor
or the Cite and Release Citation and forwards all documentation to the handling agency:
1. Misdemeanor Notice to Appear goes to the ________ through bin mail;
2. Cite and Release goes to the ________ through bin mail.

Answer 6

San Antonio Municipal Court
/
Bexar County District Attorney’s Office

Question 7

The Misdemeanor/Cite and Release Citation release is not authorized in any of the following cases:

Answer 7

1. Misdemeanor thefts, other than thefts from businesses;
2. The person arrested demands an immediate appearance before a magistrate;
3. The person is arrested on a warrant or has outstanding warrants against him;
4. The safety of the person arrested or the safety of others may be jeopardized by his release;
5. The arrested person fails or refuses to give sufficient identification;
6. The person arrested is intoxicated to a degree which renders him unable to care for himself;
7. The person arrested is injured and has not received the required medical attention;
8. Any time when physical force is used to affect the arrest;
9. Class “B” offense of racing, exhibition of speed or acceleration, and reckless driving (exceed Municipal Court
   jurisdiction); or
10. The violator refuses to sign the Misdemeanor/Cite and Release Citation.

Question 8

In addition to the above considerations, officers must verify all of the following requirements in order to issue a Class
A or B misdemeanor citation. If all the following requirements are not met, the violator is not eligible for citation and
the officer is not required to contact a supervisor to make a custodial arrest. The officer will document in their offense
report why the violator was not eligible for a citation.

Answer 8

1. The offense is eligible for release by citation and it is the only Class B or above charge against the person; and
2. The violator is not a juvenile; and
3. The violator resides in Bexar County.

Question 9

Eligible Offenses for Cite and Release (no other offenses are eligible for Cite and Release)

Answer 9

Poss of Marijuana 2 ounces or less MB
Poss of Marijuana 4 ounces or less but more than 2 ounces MA
Poss of Substance in Penalty Group 2-A 2 ounces or less MB
Poss of Substance in Penalty Group 2-A 4 ounces or less but more than 2 ounces MA
Criminal Mischief $100 < $750 MB
Theft $100<$750 MB
Theft of Service $100<$750 MB
Contraband in a Correctional Facility MB
Driving While License Invalid MB