Legal Question in Criminal Law in North Carolina

is a citation is considered an arrest?

Our 16 year old daughter received a citation from our local police for ''unauthorized use of conveyance''.

Our local newspaper posts citiations and arrests on a weekly basis based on records released from the police department. A week ago, our daughter was listed as ''arrested'' in the paper - she also appeared in the ''citation section'' of the paper.

I went down to the police station with my daughter as she received the citation. An arrest warrant was not issued. I sent an e-mail to the chief of police stating that I don't hold the newspaper accountable for posting arrests and citations, but in matters of this nature, I would hold the Police department accountable for the accuracy of the information since the records are being made publicly available. I'm concerned that there is an incorrect record that will have legal implications for our daughter further down the road.

Secondly, I'm not pleased with the social impact of posting an incorrect arrest record.

The police responded by saying ''The citation is considered an arrest. The record is correct.''

Is that really the case? Thanks in advance!


Asked on 12/14/04, 6:43 pm

1 Answer from Attorneys
Christian Hoel Ross & Hoel

Re: is a citation is considered an arrest?

The definitions are governed by statute.

15A-302 defines a citation as " . . . a directive, issued by a law enforcement officer . . . that a person appear in court and answer a misdemeanor or infraction charge or charges."

15A-302 defines an arrest warrant as " . . . a statement of the crime of which the person to be arrested is accused, and an order directing that the person so accused be arrested and held to answer to the charges made against [her]. . . "

As you know, citations are quite different from arrests. Your police department is incorrect. Do note, however, that Unauthorized Use is indeed a misdemeanor, and as such, an arrestable offense. If they only cited her to court, the officer gave her a break.

Despite the incorrect listing in the paper, I don't forsee any "legal implications" down the road.

Will she apply to some sort of prosecution deferral program?

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Answered on 12/15/04, 10:31 am


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