Cite and Release in Texas: How It Works & What to Expect

Being released at the scene doesn’t mean the case is over.

In Texas, cite and release allows an officer to issue a citation instead of making an arrest—but the charge still moves forward. You avoid jail that day, but you’re still facing a criminal case, court dates, and real consequences.

What you do next matters.

At the Law Offices of Richard C. McConathy, we represent clients across Dallas–Fort Worth who have been cited and released, and we know how these cases are handled from the start. It’s part of the broader Texas criminal process, where early decisions can affect the outcome.

This guide explains how cite and release works, what charges qualify, and how to protect your position after receiving a citation.

What Is Cite and Release?

Cite and release is a procedure that lets a peace officer give a person a written promise-to-appear citation instead of taking them to jail. The legal authority is in Texas Code of Criminal Procedure Article 14.06(c).

Under that statute, an officer who is authorized to arrest a person for certain misdemeanor offenses may instead:

• Issue a written citation
• Require the person to sign a promise to appear before a magistrate
• Release the person at the scene

The case is filed in court the same way a custodial arrest case would be. The defendant must appear at the time and place stated on the citation.

Cite and release is discretionary. An officer may choose to make a custodial arrest even when the offense is technically eligible. Department policies, county practices, and the facts of the stop can all influence the decision.

Which Offenses Qualify for Cite and Release?

Article 14.06(c) lists specific Class A and Class B misdemeanor offenses where cite and release is authorized. The list generally includes:

• Possession of marijuana of four ounces or less
• Criminal mischief punished as a Class A or Class B misdemeanor
• Graffiti punished as a Class A or Class B misdemeanor
• Theft of property punished as a Class A or Class B misdemeanor (often theft between certain dollar thresholds)
• Theft of service at certain misdemeanor levels
• Contraband in a correctional facility at the misdemeanor level
• Driving while license invalid at the misdemeanor level
• Possession of certain controlled substances in Penalty Group 2-A at the misdemeanor level

The exact list is set by statute and may be updated by the Legislature. Many local agencies publish their own lists of approved offenses based on county or city policy.

County and Department Variation in Texas

Even though state law authorizes cite and release across Texas, practice varies by county and by department. A few examples:

• Some counties have publicly adopted cite and release programs that apply to all eligible offenses unless the officer has a specific reason to make a custodial arrest.
• Other counties limit the practice to a narrower list of offenses or require supervisor approval.
• Some departments rarely use cite and release and continue to make custodial arrests for misdemeanors.

For drivers and residents in the Dallas–Fort Worth area, this means whether you are cited or arrested can depend on which agency stops you.

What Happens After You Receive a Citation

A citation under Article 14.06(c) is more than a traffic ticket. It is the start of a misdemeanor case. After the citation is issued you can generally expect:

• A court appearance date listed on the citation, usually a few weeks out
• Filing of the case by the prosecutor’s office once paperwork is completed
• Possible jail booking at the first court appearance, where the magistrate sets bond and conditions
• Conditions of release that may restrict travel, contact with certain people, or use of drugs and alcohol

Missing the listed court date can result in a failure to appear charge and an arrest warrant. The court may also revoke the cite and release option in any future case.

Is Cite and Release the Same as a Conviction?

No. A citation is the start of a case, not the end. The person is still charged with a misdemeanor and is still presumed innocent. The case will end with a dismissal, a plea, or a trial verdict. Until that happens, no conviction has been entered on the record.

Even though the person did not go to jail at the scene, the offense will likely show up on:

• Background checks that pull pending charges as well as convictions
• Court records searchable by case number or name
• DPS records for offenses that affect the driving record

A favorable result, including dismissal, deferred adjudication, or pretrial diversion, may make the person eligible for an expunction or order of nondisclosure to seal the record. The exact eligibility depends on Texas Government Code rules and the outcome of the case.

Why You Still Need a Defense Plan

The lower-stress nature of cite and release sometimes leads people to underestimate the case. They show up at court intending to “just take care of it” and end up with a conviction that follows them for years.

A defense plan after a citation may include:

• Reviewing the police report for evidence and procedure issues
• Preserving evidence such as receipts, text messages, photos, or video
• Filing motions to suppress evidence obtained through an unlawful stop or search
• Negotiating for diversion, deferred adjudication, or dismissal in exchange for conditions
• Planning record sealing if the case ends favorably

Our attorneys often resolve cite and release misdemeanor cases without a conviction, especially for first-time clients. Speak with our Criminal Defense attorney Dallas before pleading or signing any waiver at your first court setting.

Common Mistakes After a Citation

Many people make the same avoidable errors after being released with a citation:

• Posting about the incident on social media, which prosecutors can use as evidence
• Talking to police a second time without legal advice
• Missing the first court date because the citation does not feel as serious as a jail booking
• Pleading guilty at arraignment to “get it over with,” which forecloses many defense options
• Discarding the citation paperwork that contains key information about the charge and court setting

Treat the citation as a serious legal document and protect your defense from day one.

Why Choose the Law Offices of Richard C. McConathy

Our firm has more than 35 years of criminal defense experience in the Dallas–Fort Worth region. We have represented clients in cite and release cases involving marijuana, theft, criminal mischief, graffiti, and other qualifying misdemeanors.

To discuss a citation you received, call (972) 528-0116 or reach out through our contact page.

Frequently Asked Questions

What does cite and release mean in Texas?

Cite and release is a process under Texas Code of Criminal Procedure Article 14.06(c) that lets an officer issue a citation and release a person at the scene instead of making a custodial arrest. The case still continues in court.

Is cite and release the same as a traffic ticket?

No. A traffic ticket is usually a Class C misdemeanor handled in municipal or justice court. Cite and release citations under Article 14.06(c) are typically Class A or Class B misdemeanors with possible jail time, fines, and a permanent record if convicted.

Will a cite and release show up on my background check?

Yes. The citation creates a case in the court system that may appear on background checks even before the case is resolved. A favorable outcome may make the person eligible to seal or expunge the record under Texas law.

Do I still need a lawyer after a cite and release?

In most cases, yes. The charge is still a misdemeanor with real consequences, including jail time, fines, and a record. Our attorneys can review the case, push for dismissal or diversion, and protect the long-term record where possible.

What happens if I miss my court date after a citation?

Missing the court date can result in a failure to appear charge and an arrest warrant. The original cite and release option no longer applies. If you have missed a court date, contact our attorneys before going to the courthouse to discuss the safest way to address the warrant.