What is the difference between cited and arrested

If you have been issued a citation, you really must contact an attorney to represent you at your court appearance. Your life, your future employment prospects and your reputation hangs in the balance.

Do not let a single mistake ruin the rest of your life. When you have been issued a citation you need to take it seriously as it can have lasting consequences for your life. Our Franklin criminal defense lawyers can offer legal guidance and strong representation when you have been accused of a crime in Tennessee.

Please contact the Law Offices of Adrian H. We proudly serve clients from our offices in Brentwood and Columbia and throughout Tennessee. Criminal Citation in Lieu of Arrest in Tennessee—Yes it is a Big Deal If you have been accused of a misdemeanor criminal offense in Tennessee, the law enforcement officer has the latitude to issue you a citation in lieu of arrest, rather than hauling you off to jail.

Here are some examples of the types of offenses for which a law enforcement office might issue a citation in lieu of arrest: Simple Possession Prostitution Patronizing Prostitution Leaving the scene of an accident Disorderly conduct Public intoxication Indecent exposure Underage drinking or possession of alcohol Leaving the Scene of an accident Shoplifting According to the National Conference of State Legislatures NCSL , citations in lieu of arrest can contribute to lowering jail populations and provide cost savings by diverting detention arrestees who pose little risk to public safety, and who are likely to show up in court.

And, without a lawyer present, you lack the benefit of having an expert speak and ask questions on your behalf, meaning that every word out of your mouth becomes evidence against you. If you receive a citation for operating under the influence, contact our office for you free initial consultation. Submit a Law Firm Client Review. View More. State laws guide the circumstances under which a citation can be issued—often determined by the class of the alleged crime and subject to exceptions.

Typically, the issuing authority is required to consider one or more factors when determining whether to issue a citation. Even if the presumption is to issue a citation, enumerated factors must first be considered. States can use citations to reduce jail populations and provide local cost savings. Citations divert lower risk people from detention, reserving limited space and resources for more dangerous people.

By providing an alternative to pretrial detention and release processes for certain defendants, citation in lieu of arrest can be considered a component of state pretrial policies. All states allow issuance of citations in lieu of arrest for misdemeanor crimes or petty offenses. At least eight states permit citations for some felonies. Another seven states provide general authority to issue citations for crimes or offenses, without specifying the offense level.

Laws in over half the states have a presumption of issuing citations—rather than arrest—for certain crimes or under certain circumstances. Misdemeanors and felonies. General authority for crimes or offenses. Printable version. Misdemeanor impaired driving; assault; sexual crimes; crimes involving firearms or weapons; 4th degree assault in a hospital; possession of burglar tools; receiving stolen property; trespass on domestic violence shelter; false ID to officer; certain traffic violations; 3d degree trespass; harassment.

Offenses not specified. Statute gives law enforcement officers the power to issue citations in lieu of arrest. Create Account. Citation in Lieu of Arrest. Citation in Lieu of Arrest is an order issued by law enforcement that releases a person on a promise to appear in court or pay a fine.