New Reason for Non-Release of Misdemeanor Arrestee on Citation: Prior and Current Theft Issues

On September 30^th 2022, the Governor of California approved a new bill that would prohibit the release of persons with a prior record of misdemeanor or felony theft arrest.

The amendment introduced by the bill (AB 2294) seeks to prevent the likelihood of a repeat theft offence.

A person arrested for a misdemeanor offence has the right to be released as long as long as they promise to appear in court at a specified date (this promise is effected through a citation).

However, if the police officer believes the offender:

• Will not appear in court
• Is likely to commit the same offence if released

Then the officer of the law can issue a non-release form and detain the offender.

Amendment of Penal Code 853.6 Reasons for Non-Release

Penal Code 853.6 requires police offices to issue a citation for misdemeanors instead of arresting the offender.

The Statute states as follows:

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The statute further goes on to provide exceptions where a release is not possible, citing the following possible reasons why a police officer may not release an offender:

• Where a person is intoxicated and could harm self or other people.
• If the offender requires medical assistance but cannot safely seek such assistance.
• If during a routine traffic stop, the police officer determines the offender has violated California Vehicle Code 40302 and 40303. Such violations may include a DUI, or refusing to show identification.
• There is a warrant or warrants out for the offender's arrest.
• The person's identification documents are questionable.
• Releasing the person would jeopardize prosecution of the offense for which the offender is arrested, or other offenses.
• If releasing the person would endanger other people or property or result in the person repeating or resuming the crime.
• The offender refuses to sign the notice to appear, or demands to see a magistrate immediately.
• The office determines the offender will likely not honor the citation appear.
• The offender is subject to Section 1270.1 on bail hearing and O.R release.

The amended penal code now includes the following additional reasons for non-release:

• If, in the past six months, the person committed a felony or misdemeanor theft at a store, for which they were arrested, convicted, or received a citation.
• The arresting officer has a reasonable basis (probable cause) to believe that the offender is guilty of organized retail theft. Penal Code § 490.4 PC defines organized retail theft as a crime where a person or group of people will create a distraction in a retail store and then steal products. It is different from shoplifting, petty theft or burglary.

What to do in Case of an Arrest?

In case you are arrested for a misdemeanor, your one phone call should be to the Johnson Criminal Law Group at (949) 622-5522.

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