If law enforcement stops you and issues a citation for the alleged commission of a low-level crime, your compliance with the order can lead to a swift Delaware citation release. With this, you can move on with your life with no significant consequences. However, if you are arrested for a crime, the circumstances change.
You may need help getting a pre-trial release from jail. To get the help you need, reach out to Andy Callif Bail Bonds and connect with a Delaware bail bonds agent. Our agency has an A+ rating from the Better Business Bureau (BBB) and is ready to get to work on your case.
The Arrest and Release Process
If you are stopped by law enforcement for allegedly committing an unlawful act, you may be arrested. The officers will inform you of your rights, handcuff you, and bring you to the precinct. After you go through the booking process, you will be put in jail to await your arraignment.
An arraignment is an appearance before a judge. The judge will explain the charges against you and set your bail–a security payment you must make to be released from jail as you prepare for trial. If you cannot make bail, you can post a bond for your release with help from a Delaware bail bondsman.
There are cases, however, when law enforcement will not place you under arrest for an alleged offense. Instead, they will issue a citation. As long as you take the situation seriously, a Delaware citation release can be much less stressful than a formal arrest.
Call (614) 221-0100 today to speak with our experienced Delaware bail bondsman!
Understanding Delaware Citations
Law enforcement can issue a citation “in lieu of” or “instead of,” placing an offender under arrest. As explained by the National Conference of State Legislatures (NCSL), citations “provide an alternative to booking and jail.” For offenders who do not present a flight risk, citations are far less disruptive than an arrest, allowing them to move on from the experience and into a productive future more easily.
A citation is essentially a promise. By signing it, you promise to appear before the court on a scheduled date. You do not have to be taken into custody and placed in jail until an arraignment.
The Delaware citation release option allows offenders to remain in their communities, go to work or school, and take care of their families instead of spending time in jail before an arraignment or developing a criminal record. States also benefit. They save money and reduce jail populations and can, therefore, use their limited resources to handle higher-risk offenders.
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When Law Enforcement Can and Cannot Issue a Delaware Citation Release
Misdemeanors, a category of “less” serious unlawful behaviors, are ranked by degree, with first-degree misdemeanors indicating more serious unlawful acts than those at a fourth-degree ranking.
Common Ohio misdemeanors include assault and petty left, which are first-degree offenses, and public indecency, a fourth-degree offense. First through fourth-degree misdemeanors usually lead to arrests, formal charges, and penalties that can include jail time and fines.
According to Rule 4.1 of the Ohio Rules of Criminal Procedure, law enforcement can issue a citation instead of arresting alleged offenders for “minor misdemeanor cases.” Minor misdemeanors are the least serious type of misdemeanor and include reckless driving and disorderly conduct.
Some reckless driving offenses can lead to official apprehension, but Andy Callif Bail Bonds knows how to handle a reckless driving arrest and can help you through a potential bail process.
When Courts Cannot Issue Citations
The Ohio Laws and Administrative Rules Section 2935.26 also establishes when law enforcement cannot issue a citation. A Delaware citation release cannot be applied if the offender:
- Needs medical treatment or cannot provide for their own safety
- Cannot, or refuses to, provide “satisfactory evidence of” identity
- Refuses to sign the citation
- Has been issued a previous citation for the same misdemeanor and failed to comply with the citation orders
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The Delaware Citation Release Process
The citation form must include your name and address, describe your alleged offense, include the name of the officer issuing the citation, and establish the time and location of your required court appearance.
The citation must also inform you of your right to go to the office of the clerk of court before that date, sign a guilty plea, and settle matters before the appointed date. Officers issuing you a citation must complete and sign the document, give you a completed copy, and then file the citation with the court.
Dealing with a citation requires making a court appearance and paying a fine. The court must have its fine schedule posted noticeably at the location where it collects payments. The schedule must include the fine for the specific violation as well as state and court costs.
You must comply with the orders established in the citation. Clients often ask us what happens if you miss a court date, and along with other consequences, the court can “issue a supplemental citation, or a summons or warrant” for your arrest. You may also be found in contempt of court, and per Section 2705.05 of Ohio law face penalties including fines, imprisonment, or both depending on your history of offenses.
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When a Delaware Bail Bondsman Can Help
If you fail to comply with a Delaware citation release and face arrest on additional charges, you may need to pay bail to secure your pre-trial release from jail. As charges increase, so do bail amounts, and you may find yourself without the funds you need. A bail bondsman in Delaware from our team can help.
When you enter a bail bond agreement with us, you pay us only 10% of your full bail amount, and we promise the court that you will comply with the terms of your release. Our team acts as your security payment. As long as you uphold the terms of your release and our bail bond agreement, you can remain with loved ones, carry on with your life, and work closely with your defense attorney to prepare for trial.
Get the Fast, Reliable Service You Need
The team at Andy Callif Bail Bonds knows that when you are put in jail following an arrest, your priority is getting out.
Reach out to a Delaware bail bondsman from our team at any time of any day, and we will work to bring about your swift release. Help is on the way.
Our Delaware bail bondsman is available 24/7, call us (614) 221-0100!