Cite and Release Tickets in Travis County, Texas

If you received a ticket for an offense like marijuana possession or theft in Austin, you were likely given a “cite and release” citation. This means that instead of arresting you on the spot, the law enforcement officer issued a written notice to appear in court. While this is better than being taken to jail, you are still facing a serious criminal charge.

Under Texas law, the act of issuing this citation is a formal arrest. These charges are typically Class A or Class B misdemeanors, which carry potential penalties of jail time and significant fines. The required court process can be time-consuming, but an experienced attorney can often handle the entire procedure for you, helping you avoid a long day at the courthouse.

Key Takeaways

• Understand that a cite and release ticket is a formal arrest under Texas law, not just a simple ticket.
• Face a Class A or Class B misdemeanor charge with penalties that can include up to a year in jail and a $4,000 fine.
• Prepare for a mandatory court date and a multi-step booking process for your offense.
• Hire an experienced criminal defense attorney to manage the release process, often without you needing to appear in court.
• Know that a conviction can lead to a permanent record, affecting your future employment and other opportunities.

What Is Cite and Release in Texas?

To cite and release means that when a person is accused of certain nonviolent crimes, police officers can issue citations instead of making arrests and taking the person to jail. A release citation is a formal, written notice that directs a person to appear before a magistrate on a specific date.

This practice is authorized by Texas state law, specifically Article 14.06 of the Texas Code of Criminal Procedure. It is important to know that the law clarifies that receiving a citation this way still legally constitutes an arrest. The goal of cite and release policies is to keep the local jail system from being overcrowded with people accused of minor offenses.

While Travis County has used this process for years, other communities in Texas have adopted similar release policies. For example, in 2020, the San Marcos City Council passed an ordinance to expand the use of cite and release for certain low-level offenses, including low-level marijuana offenses, a move long supported by advocacy groups like Mano Amiga.

According to the Travis County Sheriff’s Office, the most common eligible offenses for a release cite include:

• Possession of Marijuana (under 4 oz)
• Theft (of property or services valued between $100 and $750)
• Criminal Mischief (with damages between $100 and $750)
• Graffiti (with damages between $100 and $2,500)
• Driving While License Invalid (DWLI), a Class B Misdemeanor

The Court Process: Your First Court Date

The cite and release ticket you received includes a court date and time for you to appear at the Travis County Courthouse. This initial hearing is known as magistration. For most people, this is their first interaction with the criminal justice system. The process involves several steps and moving between different court buildings.

1. Check-in at the JP Court:Your first stop is the Justice of the Peace court. Here, a magistrate judge will formally tell you the offense you are charged with, explain the range of punishment, and set your bond amount.
2. Visit Pretrial Services:Next, you will go to the Pretrial Services office to be assessed for a personal release bond. This bond is a promise to the court that you will return for every future court date.
3. Complete the “Paper Arrest”:Finally, you will go to the bonding desk to be booked. While you will not be handcuffed, you are technically in custody. Officers will take your photograph and fingerprints before processing your release paperwork. This completes the arrest process for the citation.

This entire procedure can take hours. If you try to manage your cite and release hearing on your own, be sure to bring your citation and a photo ID. Because of the long waits, it is also a good idea to bring a book. After you are fully processed, you will be given documentation with a new court date for your criminal case.

Your Legal Options and How an Attorney Can Help

When you are facing a charge from a release citation, you have a right to legal representation. You can either hire a private attorney or, if you cannot afford one, request a court-appointed attorney. To get a court-appointed attorney, you must prove to the judge that you are indigent. This usually involves filling out a detailed financial questionnaire and waiting for the judge to review your request.

A more effective option is to hire an experienced criminal defense attorney from the start. At Gunter, Bennett & Anthes, our attorneys can handle the entire cite and release process for you. In most situations, you will not have to show up to court at all. We file the necessary paperwork to waive your appearance and manage the bond procedures, saving you time and stress.

Potential Outcomes for Your Misdemeanor Offense

After the initial cite and release court date, your case will proceed like any other Class B misdemeanor. The goal is to get the charge dismissed. If a dismissal is not possible, other outcomes may include:

• Deferred Adjudication:This is a form of probation that, if completed successfully, allows you to avoid a final conviction. It often requires community service and other conditions.
• Probation:A formal conviction where you must report to a probation officer for a set period.
• Jail Time:While unlikely for those who receive a cite and release ticket, a Class B misdemeanor for an offense like theft is punishable by up to 180 days in jail.

A conviction can have serious, harmful effects, including making it difficult to find a job or housing. For non-citizens, a conviction for a theft offense can lead to deportation. Contact an attorney to protect your rights and work toward a positive resolution.

Don’t Face a Criminal Charge Alone

A cite and release citation is more than an inconvenience; it is the beginning of a criminal case against you. Even though you were able to avoid arrest on the street, a conviction can have a lasting impact on your life. It is important to take the offense seriously and get legal guidance right away.

If you received a release citation in Austin or any of our surrounding communities in Central Texas, contact our firm. We are available 24/7 to discuss your case and explain your options. Let our experienced attorneys protect your rights and work toward the best possible outcome for you.