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SECTION: 615 MISDEMEANOR CITATIONS

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SECTION: 615

TITLE: MISDEMEANOR CITATIONS

RESCIND: February 15, 2017    

EFFECTIVE: JUNE 30, 2025

SECTION_615_MISDEMEANOR_CITATION.docx

 

PURPOSE                    

This policy establishes guidelines for issuing a misdemeanor citation in lieu of making a physical arrest.

POLICY

It shall be the policy of the Department to utilize the most efficient means possible to accomplish its law enforcement objective. Misdemeanor citations may be issued in lieu of physical arrest and booking for misdemeanor Ordinance violations and other misdemeanor crimes.

PROCEDURES

When probable cause exists to effect an arrest for an Ordinance violation or a misdemeanor crime, the investigating deputy shall issue a misdemeanor citation when the following conditions are met:

  1. Reasonable grounds to believe the defendant shall appear in court as directed or shall not flee the area to avoid prosecution.
  2. No reasonable grounds to believe that the defendant will injure himself or someone else or the defendant will cause property damage if not physically arrested.
  3. The deputy has no reason to believe the defendant will commit similar or other offenses if not arrested.
  4. The violator must reside within an adjoining parish and must be identified by a valid form of identification. An exception of personal knowledge of the violator will be accepted in the form of identification. (Traffic charges shall not apply to this directive) 

Investigating deputies shall use good, sound judgment when choosing to make issue a misdemeanor citation instead of a physical arrest. The investigating deputy also needs to consider the available space at the Parish Jail prior to a physical arrest when a misdemeanor citation can be issued.

A misdemeanor citation can be issued to anyone sixteen (16) years of age or younger, however a custodial agreement must be completed with a parent or concerned adult for all juvenile arrest.

Misdemeanor citations shall not be issued to defendants who physically resist arrest.

In regards to: All Rules, Regulations, Policy & Procedures and Special Orders are at the discretion of the Sheriff based on departmental need and the severity of the infraction.