Introduction
A cite and release service is a directive issued by law enforcement to issue quotations, tickets, and notices for certain minor offenses rather than arrests. The use of quotes and releases is permissible but not required under current state law. Instead of being arrested and sent to jail, a criminal who receives a ticket is summoned to come to a particular venue at a specific time to pay the fine (s). The officer can also provide a warning to encourage the person to leave without including a quote. A decade ago, a Texas state bill provided police officers with an alternative method of dealing with low-level drug offenders. Rather than arresting and detaining the defendant, the law allows an officer to issue a summons to the accused individual.
Although this can seem to be a variety, there is a catch. Of course, you didn’t drive into the jail in cuffs and resisted taking a photograph that would be widely circulated online. However, marijuana possession is also a criminal offense. You will be required to appear in court. And you will also face harsh penalties.
The significance of quotation and release in Texas
Instead of getting an on-site jail, the Cite & Release service collaborates with Bexar County Law Enforcement Authorities to provide summonses for specific offenses. After a warrant is issued, the claim is evaluated by the Bexar County District Attorney’s Office, and the charge is either entered into a diversion program, denied (meaning that the matter is not pursued), or appealed to the prosecutor. Cite and release are essential for nonviolent, low-level prisoners to receive sufficient penalties while keeping their job and accommodation. Cite & release would also relieve strain on our local court and jail systems.
The San Antonio Police Department in partnership with Bexar County Sheriff’s Office and other local law enforcement agencies was on the frontline in making this rule. Joe Gonzales upgraded and expanded Bexar County’s citation and release program. Nonviolent minor charges such as pot possession, misdemeanor burglary, driving on an expired registration, and criminal misdemeanor can both result in a summons from the police.
Many of those cited will benefit from not being convicted and completing related services rather than being convicted and conducting related services (that may require posting a bail to be released). Officers who write a quote will arrive at the station less than officers who make an arrest. Citing and releasing also saves Bexar County residents money on the costs of booking a prisoner in jail.
Marijuana is illegal in Texas, and you are subject to the same penalties and fees. The main exception is that you are not punished for having small amounts of marijuana. If you are stopped, you can still be accused of having an outstanding warrant or of possessing marijuana that violates the conditions of a previous court order, such as probation or parole.
Another thing that can be remembered is that anytime someone is summoned, they do not get a speed ticket. It’s not a crime, but the person receiving the summons must appear in court to proceed with the usual legal process.
The only difference is that because it is a minor felony offense, no accusation can be taken from the beginning. This helps Dallas County to unload capacity in an already overloaded jail system. But do not make a mistake (Sifaneck 67-69): if the suspect does not appear before the court as summoned, the warrant is almost inevitably released, and the accused is arrested. The inmate could still pay a Dallas Bail Bond and be freed while awaiting trial.
The Class B felony in Texas is less than 2 ounces of marijuana, punishable by a jail term of not less than one hundred and eighty days and a fine of up to $2,000 if convicted. If you have between 2 and 4 ounces, it is a felony of Class A punishable by a jail term of not less than one year and a fine of 4000 dollars. If you are a suspect for the first time, Dallas County encourages you to participate in a diversionary program. That means that you are given probation and must serve the community, attend rehabilitation sessions and commit to drug tests. If all these procedures are completed in a timely way, the costs will be rejected.
A typical encounter between the police and a drug criminal would lead to the apprehension of the suspect and the testing of marijuana in the field. If the marijuana is found in the screening, the suspect will be brought to justice, booked, with the drugs in the evidence room (Sifaneck 67-69). This procedure is changed only slightly by the quote and release scheme, but both the defendants and the police are assisted. Marijuana is measured and weighed on the ground after the suspect has been apprehended. If the total weight is less than four ounces, the suspect’s name is confirmed, and the thumbprint is taken. They are then summoned and granted a court date but not sent to jail.
Because serious inmates are released by order, quotes and releases are crucial. Many of the offenses on which the new order is to be released are far more egregious than the law means. E.g., possession of marijuana over four ounces is equal to 200 joints (Caulkins, et al. 12-34). Theft and deliberate malice for less than $750 would harm victims who are primarily low-income and unable to achieve their goals. People driving with expired licenses frequently do so when they are uninsured, and release can be a greater danger, if not a direct challenge, for law-abiding citizens.
The media and the Government’s agenda-driven actors misled minor offenders, such as those who committed the crimes listed in the proposed Ordinance, to believe that they spent significant time in jail. On this basis, the fabrication and flagrant falsehood must be admitted.
Although I can’t speak about any jurisdiction, I can say that a small number of Hays County prisoners are minor offenders eligible for field releases. I keep a constant track of the number of people in jail. Few offenders are sentenced for rarely more than 24 hours for such crimes (unless they have other offenses, holds, or previous fails to appear in Court). Proposals to prolong jail parole because they will significantly reduce the prison population are either intentionally disappointing or founded on a misunderstanding of the actual situation. Loud and straightforward, I’ll call it (Neill Harris 55). The extension of the quotation and release scheme will not affect the cost or population of incarceration. Citation and dismissal services, on the other hand, have historically led to a high number of inmates not appearing in Court. The cite-and-release policy of Travis County has failed to occur an average of 40% over three years, while convicted criminals (a much lower number) have only missed court appearances 15% of the time. If violators fail to appear according to the calls, an arrest warrant must be released. The inmate is arrested later, maybe in another jurisdiction, and taken to a judge to decide the bail — now they have failed to testify in Court — resulting in more meaningful bonds than they initially had, making it harder to get a say. If our experience is close to Travis County, we can expect that 40% of those cited will spend more time in jail than if they were found guilty.
If the Council means that the police do not trust the police to exercise their authority correctly and, as the Ordinance does, if they deviate from the default quota position, it will be the option for certain officers, merely in enforcing the letter, to avoid implying that they misuse their discretion.
As a consequence, all the advisories we see now are updated to quotes that contain an appearance. When an official is probably guilty of making improper distinctions between who to arrest and who to quote and who to advise, the only way to avoid investigation is under the Ordinance (Caulkins, et al. 12-34). As a result, many young offenders who may have obtained a letter are still cited, compelled to register, or even imprisoned. The prospect of overturning an arrest decision due to the statute is not negligible. I lost count of the number of occasions in my 25 years as a prosecutor; a significant felony charge was found due to a minor arrest.
The proof is also discovered during lawful searches following an arrest or during the booking process. False identification on the spot is always only identified after the arrest, and fingerprints taken after the booking can only be verified. Officers arresting themselves legally can be indicted for breaking a city code. Evidence as a result of a civil violation in Texas cannot be admitted to the Court even whether the officer is convicted or not. If the motives of the police are in accordance or not with the guidelines of the Ordinance, an officer who charges and then discovers evidence of a severe offense will undoubtedly be accused of a breach of the statute. Serial prisoners will use the order to hide proof of their transgressions, leading in most cases to unnecessary prosecutions and the prospect of a severe felon avoiding punishment.
Work cited
Neill Harris, Katharine. “Analyzing the Marijuana Reform Movement in Texas as a Participant and an Observer: A Case Study Approach.” 2019.
Caulkins, Jonathan P., et al. “What Happens When Marijuana Laws Clash?” Marijuana Legalization, 2016.
Sifaneck, Stephen J., et al. “Retail marijuana purchases in designer and commercial markets in New York City: Sales units, weights, and prices per gram.” Drug and Alcohol Dependence 90 (2007): S40-S51.
