In criminal cases, what is the written notice to appear issued only by a peace officer?

In criminal cases, what is the written notice to appear issued only by a peace officer?

• A. Affidavit
• B. Advance Sheets
• C. Citation (criminal)
• D. Complaint (Class C)

Answer: (C)

The key idea here is the instrument used to require someone to appear in court without being arrested: the criminal citation. A criminal citation is a written notice issued by a peace officer that directs a person to appear in court on a specified date and time for the charged offense. It is commonly used for Class C misdemeanors and many municipal offenses, allowing the individual to handle the matter without immediate custody. This differs from an affidavit, which is a sworn statement used to establish probable cause or to support warrants, not a notice to appear. It also differs from a complaint, which is a formal charging document—typically filed by a prosecutor to initiate formal proceedings—not a simple notice to appear. Advance Sheets are a publication of appellate decisions, unrelated to the procedure for summoning someone to court. So, the written notice to appear issued only by a peace officer is a criminal citation.

The key idea here is the instrument used to require someone to appear in court without being arrested: the criminal citation. A criminal citation is a written notice issued by a peace officer that directs a person to appear in court on a specified date and time for the charged offense. It is commonly used for Class C misdemeanors and many municipal offenses, allowing the individual to handle the matter without immediate custody.

This differs from an affidavit, which is a sworn statement used to establish probable cause or to support warrants, not a notice to appear. It also differs from a complaint, which is a formal charging document—typically filed by a prosecutor to initiate formal proceedings—not a simple notice to appear. Advance Sheets are a publication of appellate decisions, unrelated to the procedure for summoning someone to court.

So, the written notice to appear issued only by a peace officer is a criminal citation.