Cite and Release is a law enforcement policy where officers can issue citations (similar to traffic tickets) instead of making arrests for certain low-level offenses, requiring the person to appear in court at a later date rather than going to jail immediately.
In other words, individuals can be charged with certain offenses without being arrested or having to bond out of jail. This was established by a 2007 amendment to Article 14.06 of the Texas Code of Criminal Procedure, and it applies to qualifying Class A and B misdemeanors.
In this article, the criminal defense attorneys at Varghese Summersett explain Cite and Release in Texas, what offenses qualify for Cite and Release, and what happens after a citation is issued.

Legal Authority & Objectives of Cite and Release
Cite and Release in Texas was introduced nearly two decades ago in an effort to reduce jail overcrowding and the strain on law enforcement while addressing low-level, non-violent offenses.
In 2007, Texas lawmakers amended the Texas Code of Criminal Procedure, Article 14.06 (c) and (d), which gave officers the discretion to issue citations instead of making arrests for certain Class A and Class B misdemeanors. The primary objectives of Cite and Release in Texas are to:
- Reduce jail overcrowding by diverting individuals accused of minor offenses from the jail system.
- Promote efficiency in the legal process by streamlining procedures and reducing the time and resources required for booking and processing individuals in custody.
- Allow law enforcement to focus on more serious crimes by prioritizing resources for addressing violent offenses.
- Minimize disruption to individuals’ lives by avoiding immediate arrest and allowing them to continue their activities until their court appearance.
- Save taxpayer money and law enforcement resources.
- Alleviate unnecessary contact with the criminal justice system, which can reduce the likelihood of future offending.
- Mitigate racial profiling in policing and avoiding the harmful effects of arrests, such as deportation, job loss, and barriers to finding employment and housing.
- Improve relationships between communities and law enforcement by increasing perceptions of procedural justice.
It’s important to point out that while the law provides the option for Cite and Release, not all jurisdictions in Texas utilize it. Individual counties and municipalities determine whether and how to implement it.

Eligible Offenses for Cite and Release in Texas
Texas Cite and Release Eligible Offenses
Classification |
Offense |
Code Section |
Details |
Class B |
Marijuana Possession |
481.121 |
2 ounces or less |
Class B |
Synthetic Cannabinoid Possession |
481.1161 |
2 ounces or less |
Class B |
Criminal Mischief |
28.03 |
Damage $100 to less than $750 |
Class B |
Graffiti |
28.08 |
Damage less than $750 |
Class B |
Theft of Property |
31.03 |
Value $100 to less than $750 |
Class B |
Theft of Service |
31.04 |
Value $100 to less than $750 |
Class B |
Tampering with Vehicle Tags |
37.10 |
Temporary tags under the Transportation Code |
Class B |
Contraband in Correctional Facility |
38.114 |
When classified as Class B |
Class B |
Driving While License Invalid |
521.457 |
Operating vehicle without valid license |
Class A |
Marijuana Possession |
481.121 |
More than 2 ounces, less than 4 ounces |
Class A |
Synthetic Cannabinoid Possession |
481.1161 |
More than 2 ounces, less than 4 ounces |
Class A |
Graffiti |
28.08 |
Damage $750 to less than $2,500 |

Individual Eligibility for Cite and Release
Even if someone is accused of committing an offense eligible for cite and release, not everyone will avoid arrest. For example, some jurisdictions set rule like:
- Be a resident of the county where the offense was allegedly committed.
- Not have outstanding warrants.
- Not be suspected of committing another offense that is not eligible for Cite and Release.
- Not be intoxicated to a level that police determine presents a danger to themselves or others.
It’s important to point out that even if an offense is eligible, law enforcement still has the discretion to decide whether to use Cite and Release or make an arrest based on the specific circumstances of the situation.

Texas Counties & Cities with Cite and Release Policies
Cite and Release policies in Texas have been implemented unevenly across the state since their introduction in 2007. Some cities and counties have it – and some don’t. Here are some Texas counties and cities that have implemented Cite and Release policies:
Counties
- Harris County
- Bexar County
- Nueces County
- Tarrant County
- Travis County
- Hays County
Cities
- Austin
- San Marcos
- Dallas
- El Paso
- Houston
- San Antonio
It’s important to note that while these jurisdictions have Cite and Release policies, the implementation and scope may vary. For example, some cities have limited their police to marijuana possession only. Other counties, like Bexar and Harris, have robust Cite and Release programs.

What Happens After a Cite & Release Ticket is Issued?
After a Cite and Release ticket is issued, the following steps typically occur:
-
- The individual receives a citation with written instructions to appear in court at a future date.
- The person is released from custody and allowed to continue their activities until their court appearance.
- On the specified court date, the individual must appear to address the charges against them.
- At the court appearance, the judge will decide how to proceed with the case. This may include:
– Offering bail
– Releasing the defendant on their own recognizance
– Refusing to grant bail (in rare cases)
- If the individual fails to appear in court as instructed, additional legal consequences may result.
- The criminal case proceeds as normal, meaning the person will still need to:
– Appear in court as required
– Obtain legal representation
– Pay court costs and other fines, if applicable
Some jurisdictions have special dockets for Cite and Release in Texas. In Tarrant County, for example, the Cite and Release court is held on the 2nd and 4th Thursday of each month at 2 p.m. in Trial Room D in the Tim Curry Justice Center.
A person who has received a Cite and Release citation will appear in court on their specified date, where they will be fingerprinted, complete a financial questionnaire, be advised of their rights, and have the opportunity to request a court-appointed attorney if they can’t afford one.
It’s important to note that even though Cite and Release in Texas allows a person to avoid immediate custody, the legal process continues, and the charges are not dismissed simply because of the citation. The citation is essentially a promise to appear in court, and failing to do so can lead to further legal issues.

Do You Need an Attorney for Cite & Release Citation?
While a Cite and Release citation may seem less serious than an arrest, it is still a criminal charge that requires careful attention. Even if you are not taken to jail, you must appear in court to address the offense. Without proper legal representation, you could face significant consequences, including fines, a permanent criminal record, or even jail time if the case escalates.
An experienced criminal defense attorney will:
- Protect Your Rights: Ensure your case is handled fairly and lawfully.
- Advocate for Dismissal or Reduced Penalties: Work to minimize the impact on your life.
- Navigate the Legal Process: Explain the legal system and guide you through court appearances and settings until a resolution is reached.
If you’ve received a Cite and Release citation, consulting with a skilled defense attorney is crucial to protect your future. We can help. Call Varghese Summersett at 817-203-2220.

Receive a Cite and Release Ticket? Contact Us.
Cite and release represents a significant evolution in Texas criminal justice administration. While implementation varies, the program demonstrates measurable benefits in system efficiency, resource allocation, and equitable outcomes.
If you or a loved one has received a Cite and Release Ticket in Tarrant, Dallas, or Harris Counties, contact Varghese Summersett today to speak with an experienced criminal defense attorney. Our team understands the Cite and Release process and will work to achieve the best possible outcome. Don’t let a citation jeopardize your future — contact Varghese Summersett today at 817-203-2220.
