Brooks Law Firm
If a Memphis officer handed you a piece of paper instead of taking you to jail, you were probably issued a misdemeanor citation in lieu of arrest under T.C.A. § 40-7-118. People routinely misread these. It looks like a traffic ticket, so they treat it like one — and then a missed booking date turns a shopliftable-level charge into an arrest warrant. Here is what that citation actually is and what to do with it.
What a Misdemeanor Citation Is
Tennessee law directs officers to use citations instead of custodial arrest for many misdemeanors — commonly simple possession, theft under $1,000 (shoplifting), and similar non-violent charges — when the person has identification, poses no ongoing risk, and is likely to appear. You sign the citation, you go home that night, and in exchange you take on two obligations: a booking date (fingerprints and photograph at the jail, done in advance) and a court date in General Sessions. The charge on that citation is exactly as criminal as it would be if you had been handcuffed. Same statute, same class, same permanent record if it ends in a conviction.
The Two Dates, and Why the Booking Date Trips People Up
The booking requirement is the piece nobody explains at the roadside. Show up, get processed, keep your paperwork. Miss it, and the failure typically converts your citation into a warrant — meaning the arrest you avoided happens anyway, often at the worst possible time, like a routine traffic stop months later. If you have already missed a booking or court date on a citation, that is fixable, but it needs attention now, not at the next traffic stop. We handle missed-date cleanups regularly and can usually get the matter back in front of the court without a nighttime arrest.
Why Officers Cite Instead of Arrest — and Why It Can Work in Your Favor
A citation case starts with less momentum than a custodial arrest: no bond, no jail release conditions, and usually a police narrative written quickly at the scene. That often leaves more room to work — remedial steps completed before the first setting, early conversations with the prosecutor, and in many first-offense situations a path to dismissal or diversion that keeps the charge off your record entirely. The worst strategy is doing nothing until the court date and hoping it “gets thrown out.” The best outcomes we get on citation cases come from work done before anyone stands in front of a judge.
What to Do This Week
- Photograph both sides of the citation and note the booking and court dates.
- Complete the booking appointment — do not skip it.
- Do not discuss the incident with anyone but your lawyer, and stay off social media about it.
- Call us before the first court date so the case can be worked before it is called.
For the full picture of how misdemeanors resolve in Shelby County — classes, penalties, diversion, and expungement — see our Memphis misdemeanor defense page, and for sentencing ranges by class see Tennessee misdemeanor penalties. Questions about a citation you or a family member just received? Brooks Law Firm — (901) 324-5000, or call/text (901) 412-2973. Se habla Español.