A notice to appear in a California criminal case is a citation that releases you after an arrest for a misdemeanor or traffic offense, naming the charge and when and where you must appear. An immigration court Notice to Appear (Form I-862) is a different document; see our answer on a wrongly listed conviction on that form.
What does a notice to appear let you do instead of going before a judge?
A notice to appear lets most people arrested for a misdemeanor sign a written promise to appear in court, instead of being taken before a judge right away.
Penal Code 853.6(a)(1) sets out the general rule:
"When a person is arrested for an offense declared to be a misdemeanor, including a violation of a city or county ordinance, and does not demand to be taken before a magistrate, that person shall, instead of being taken before a magistrate, be released according to the procedures set forth by this chapter, although nothing prevents an officer from first booking an arrestee pursuant to subdivision (g)." (Penal Code section 853.6(a)(1))
Subdivision (g) lets the officer book you at the scene or at the arresting agency before release, or tell you on the citation to report there to be booked or fingerprinted, so you can be booked and still be released on a citation. A separate statute, Vehicle Code 40500, covers a notice to appear for most Vehicle Code violations that are not felonies, including routine traffic stops.
Release on a citation is not automatic. Penal Code 853.6(i) lets an officer keep a person arrested for a misdemeanor in custody for listed reasons, including dangerous intoxication, a need for medical care, an outstanding warrant, no satisfactory identification, a reasonable likelihood the offense will continue or that people or property would be in imminent danger, a demand to see a judge or a refusal to sign the notice, and reason to believe the person will not appear. Subdivision (a)(3) also takes certain crimes out of the citation rule, including misdemeanor domestic battery (Penal Code 243(e)(1)), corporal injury (273.5), some protective order violations (273.6) and stalking (646.9).
What must the notice contain, and how much time do you get before court?
It lists your name, address, charge, when and where to appear; if the officer files it with the court, the date is at least 10 days after arrest, unless waived.
Two kinds of California notices to appear
| General misdemeanor citation | Vehicle Code citation | |
|---|---|---|
| Governed by | Penal Code 853.6 | Vehicle Code 40500 |
| Must include | Name, address, offense, time and place to appear | Name, address, vehicle license number, registered owner if available, offense, time and place |
| Minimum notice before court | At least 10 days after arrest when the officer files it with the court, unless you waive it | No separate minimum stated in this section |
| Must the officer tell you the bail amount? | Not addressed in this section | No |
Penal Code 853.6(b) says the court date "shall be at least 10 days after arrest if the duplicate notice is to be filed by the officer with the magistrate," unless you waive that. Vehicle Code 40500(c) separately says the officer does not have to tell you the bail amount for the offense charged.
Does signing the notice to appear mean you are pleading guilty?
Signing the notice only promises that you will appear or respond by the date on the citation; it does not mean you are pleading guilty.
The Judicial Council's own form says so directly. The current Traffic/Nontraffic Notice to Appear, form TR-130, states on the citation itself: "I promise to act by the date at the top of this citation. Signing DOES NOT admit guilt." Penal Code 853.6(d) is why you sign at all: the arrested person, "in order to secure release, shall give their written promise to appear in court as specified in the notice," and the officer "shall immediately release" you once you do.
What if your citation doesn't show up when you search for your case online?
A citation can take time to reach court records, and while the prosecutor may file within 25 days of the arrest, a later prosecution is still allowed.
The Judicial Council's own instructions on the current notice-to-appear form tell people responding to a citation, "Citations can take up to 14 days to show up in the court system," and to keep checking rather than assume nothing happened. Separately, once the officer's citation reaches the prosecutor, Penal Code 853.6(e)(3)(B) gives the prosecutor up to 25 days from the arrest to file the notice or a formal complaint. If 25 days pass with nothing filed, that does not mean the case is over: "The failure by the prosecutor to file the notice or formal complaint within 25 days of the time of the arrest shall not bar further prosecution of the misdemeanor charged in the notice to appear," though "any further prosecution shall be preceded by a new and separate citation or an arrest warrant." If your case still is not showing up after checking, see what it means when a citation does not appear in the court's online case search.
What happens if you miss the court date on your citation?
Willfully breaking your written promise to appear is its own separate misdemeanor, no matter what happens to the original charge, and it can also lead to a bench warrant.
Penal Code 853.7 states:
"Any person who willfully violates his or her written promise to appear or a lawfully granted continuance of his or her promise to appear in court is guilty of a misdemeanor, regardless of the disposition of the charge upon which he or she was originally arrested." (Penal Code section 853.7)
Until that happens, though, signing the citation itself does not expose you to arrest: Penal Code 853.6(f) says a warrant "shall not be issued" against someone who signed a promise to appear "unless and until the person has violated that promise or has failed to deposit bail, to appear for arraignment, trial, or judgment, or to comply with the terms and provisions of the judgment, as required by law." For a traffic citation specifically, the Vehicle Code has its own, more detailed version of this same idea; see the firm's answer on willfully breaking a written promise to appear on a ticket for how that charge is proven.
What should you do after getting a notice to appear?
Confirm the exact court date and location, follow any booking instructions on the citation, and watch for your case to show up before deciding how to respond.
- Read the citation closely. Note the exact court, date, and time, and whether you are told to "appear in court" or allowed to "respond to citation" by mail, online, or in person.
- Follow any booking or fingerprinting instruction. If the citation tells you to report to the arresting agency first, the court can require proof that you did before your case moves forward (Penal Code 853.6(g)).
- Check the court's case search closer to your date, keeping in mind it can take up to 14 days to show up, and recheck rather than assume the case disappeared.
- Talk to a lawyer before your court date. Whether the charge becomes an arraignment in person or you resolve a traffic matter without going to court depends on the specific charge, and the firm's criminal defense team can review your citation with you.
Frequently asked questions
If I got a citation and was released, was I still arrested?
Yes. Penal Code 853.6 applies to someone who "is arrested"; a citation changes what happens after the arrest, releasing you on a written promise instead of holding you for a judge.
Can an officer still book me even though I am being released on a citation?
Yes. Penal Code 853.6(a)(1) says nothing prevents an officer from first booking an arrestee, and 853.6(g) allows booking at the scene or at the arresting agency before release on a notice to appear.
Does signing the notice to appear mean I am pleading guilty?
No. The Judicial Council's current form states directly that signing "DOES NOT admit guilt"; it only promises that you will appear or respond by the date listed.
How long can the prosecutor wait before filing charges after my citation?
Penal Code 853.6(e)(3)(B) gives the prosecutor 25 days from the arrest to file the citation or a complaint, but missing that window does not bar a later prosecution; it then requires a new citation or an arrest warrant.
What if my citation does not show up when I search for my case online?
The Judicial Council's own instructions say a citation can take up to 14 days to reach the court's system. Keep checking, and see what it means when a citation does not appear in an online search if it still has not.
What happens if I miss the court date on my citation?
Willfully breaking your written promise to appear is a separate misdemeanor under Penal Code 853.7, and it can lead to a bench warrant, regardless of how the original charge turns out.
Is a criminal notice to appear the same as the immigration court's Notice to Appear?
No. A criminal notice to appear is a citation under Penal Code 853.6 or Vehicle Code 40500. An immigration court Notice to Appear, Form I-862, is a different federal document; see our answer on that form if that is what you received.
Talk to a lawyer
The Law Offices of David S. Chesley offers a free consultation and is available 24/7, with payment plans and Se habla español, if you received a notice to appear and want to know what it means for your case. Call (800) 755-5174 or request a free consultation online.