Can I Be Charged With a Crime Without Being Arrested?

Citations are increasingly being used, as jail space gets scarce.

By , J.D. UCLA School of Law
Updated 10/07/2024

An alternative procedure to arrests exists in most states. Instead of arresting people for minor misdemeanors (such as shoplifting), officers can issue citations. A citation is a notice to appear in court. By signing the citation, a person promises to appear in court on or before the date specified in the notice in exchange for remaining at liberty. For some traffic tickets, the person has the option to pay the fine (plead guilty) or show up to court to contest the ticket.

Officers in urban areas are increasingly using citations due to jail overcrowding. In some cases, jails are subject to court orders limiting the number of inmates they can hold. Because of this, many police departments instruct their officers to issue citations to suspects who in the past would have been arrested.

Failure to pay the citation or show up in court on the specified date can lead to a bench warrant and your arrest.

Further Reading
When the Police Can Make an Arrest: Probable Cause
Resisting Unlawful Arrest
Timely Arrest: How Long the Police Have to Arrest Someone
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