California Penal Code 853.6 PC – Citation and Release (Own Recognizance)
If you are arrested for a misdemeanor in California, you may not have to stay in jail.
Under California Penal Code Section 853.6, law enforcement officers can issue a citation (ticket) and release you from custody—without requiring bail.
This process, often called “cite and release” or release on your own recognizance (O.R.), allows you to remain free while your case moves through the court system.
However, strict rules apply, and failure to comply can result in additional charges.
Your best chance for a positive result is to consult an experienced California criminal defense attorney at Cron, Israels & Stark.
To set up a consultation, call (424) 372-3112 or fill out the contact form here.
What Is Penal Code 853.6 PC?
California Penal Code Section 853.6 allows officers to:
- Release a person arrested for a misdemeanor
- Issue a written notice to appear in court
- Avoid booking and jail in eligible cases
Instead of being held in custody, you are given a court date and must promise to appear.
How Does Citation and Release Work?
When cited and released:
- You are arrested or detained
- The officer issues a written citation
- You sign a promise to appear in court
- You are released from custody
Your signature is not an admission of guilt—it is a legal promise to show up in court.
Under California Penal Code Section 853.7, failing to appear in court after signing a citation constitutes a separate criminal offense—even if the original charge was minor.
California Penal Code Section 977 allows a defendant to waive their personal appearance in court and have their attorney appear on their behalf.
Who Qualifies for Citation and Release?
Not all individuals qualify under California Penal Code Section 853.6.
You May Qualify If:
- You are arrested for a misdemeanor
- You provide valid identification
- You are not a flight risk
- You do not pose a danger to public safety
You May NOT Qualify If:
- You are charged with certain serious offenses
- You refuse to sign the citation
- You appear intoxicated or unable to care for yourself
- You have outstanding warrants
- You are likely to continue the offense
In these cases, officers may take you into custody instead.
Common Misdemeanor Charges Eligible for Cite and Release
Under California Penal Code Section 853.6, many low-level, non-violent offenses may qualify for citation and release instead of jail.
While eligibility depends on the circumstances, the following charges are commonly handled through a cite-and-release process:
California Penal Code Section 415 – Disturbing the Peace
PC 415 covers fighting, loud arguments, or disruptive behavior in public. Often cited and released when no serious harm is involved.
California Penal Code Section 602 – Trespassing
PC 602 involves entering or remaining on property without permission. Frequently eligible when the incident is minor and non-violent.
California Penal Code Section 484 – Petty Theft
Petty theft of property valued under $950, including shoplifting. First-time or low-risk cases are often cited out.
California Penal Code Section 647(f) – Public Intoxication
PC 647(f) involves being under the influence in public to the point of being unable to care for yourself. Officers may cite and release once the situation is stabilized.
California Penal Code Section 242 – Simple Battery
Battery involves non-serious physical contact without significant injury. May qualify when there are no aggravating factors.
California Penal Code Section 594 – Vandalism (Minor Damage)
Vandalism involves defacing or damaging property, resulting in relatively low loss. Often cited as if restitution is possible.
California Vehicle Code Section 23152 – DUI (in Some Situations)
In certain cases—especially where there is no accident or injury—individuals may be cited and released after processing.
Important Note
Even if your charge is listed above, release is not guaranteed. Officers will still evaluate:
- Your criminal history
- Whether you pose a risk to public safety
- Your cooperation at the scene
- Whether you can provide valid identification
Key Takeaway
Citation and release is designed for low-risk misdemeanor offenses, allowing individuals to avoid jail while still facing court charges.
However, the case is far from over; legal consequences still apply, and having an attorney can significantly improve your outcome.
What Happens If You Fail to Appear?
Failing to appear in court after being released under California Penal Code Section 853.6 is a serious violation that can lead to additional charges and penalties. Here's how it typically unfolds:
| Stage | What Happens | Legal Consequences |
|---|---|---|
|
Missed Court Date |
You do not appear at your scheduled hearing |
Court records a “failure to appear” (FTA) |
|
Bench Warrant Issued |
Judge issues a warrant for your arrest |
You can be arrested at any time |
|
New Criminal Charge |
Prosecutors may file additional charges under California Penal Code Section 1320 |
Separate misdemeanor or felony depending on original charge |
|
Bail Consequences |
Court may increase bail or revoke release |
Harder to secure release in the future |
|
Driver's License Impact |
In some cases, the court may notify the DMV |
Possible license suspension or hold |
|
Court Penalties |
Additional fines and possible jail time |
Increased overall penalties |
|
Case Becomes More Serious |
Judges and prosecutors view non-appearance negatively |
Reduced chances of dismissal or leniency |
Key Takeaway
Failing to appear in court can quickly turn a minor case into a much more serious legal problem. If you miss a court date, it is critical to contact a defense attorney immediately to minimize the consequences and address the issue as soon as possible.
Advantages of Citation and Release
Being released under PC 853.6 offers several benefits:
- Avoid jail time
- No need to post bail
- Less disruption to your life
- Ability to prepare your defense outside custody
What Happens After Release?
Even though you are released, your case is still active.
Next Steps Include:
- Arraignment (first court appearance)
- Pretrial hearings
- Negotiations or motions
- Trial (if necessary)
Having a defense attorney early can improve your outcome.
Related California Laws
Several laws work alongside California Penal Code Section 853.6:
California Penal Code Section 849 – Release Without Charges
Allows police to release individuals when there is insufficient evidence.
California Penal Code Section 1270 – Bail Procedures
Applies when a defendant is not eligible for cite and release.
California Penal Code Section 1320 – Failure to Appear
Defines penalties for missing court dates.
Common Defense Strategies
Even if you were cited and released, you can still challenge the charges.
Lack of Evidence
The prosecution must prove every element beyond a reasonable doubt.
Mistaken Identity
You were not the person involved.
Constitutional Violations
Evidence obtained unlawfully may be suppressed under the Fourth Amendment to the United States Constitution.
Diversion Programs
You may qualify for programs that lead to dismissal of charges.
Frequently Asked Questions
What is a cite and release in California?
It allows you to be released after arrest with a promise to appear in court.
Do I have to go to jail after a misdemeanor arrest?
Not always. You may be eligible for release under California Penal Code Section 853.6.
Is signing a citation an admission of guilt?
No. It is only a promise to appear in court.
What happens if I miss my court date?
You may face additional charges and a warrant for your arrest.
Can charges still be dismissed?
Yes. Release does not mean you are guilty.
Should I hire a lawyer after being cited?
Yes. A lawyer can help reduce or dismiss charges.
Why Hire a Criminal Defense Lawyer?
Even minor charges can have serious consequences. A skilled attorney can:
- Evaluate your case
- Challenge the evidence
- Negotiate reduced charges
- Seek dismissal
Contact a California Criminal Defense Attorney Today
If you were cited and released under California Penal Code Section 853.6, it's important to take your case seriously. Contact an experienced California criminal defense attorney to protect your rights and your future.
The criminal defense attorneys based in Los Angeles at Cron, Israels & Stark are ready to assist you. Book your consultation now.