A Minor Misdemeanor Is A Citation
Md. Code, Crim. Proc. § 4-101 — a citation required for misdemeanors with no jail or 90 days or less
When a citation is required. An officer charges by citation for any misdemeanor or local ordinance violation that carries no imprisonment, for other misdemeanors not involving serious injury or an immediate health risk with a maximum of 90 days or less, except those the section lists, and for cannabis possession.
- The officer is satisfied with the defendant's evidence of identity.
- The officer reasonably believes the defendant will comply with the citation.
- The officer reasonably believes not charging by a statement of charges will not threaten public safety.
- The defendant is not subject to arrest for a related serious offense or on an outstanding warrant.
- The defendant complies with all lawful orders by the officer.
Those are the conditions on charging by citation. An officer with grounds for a warrantless arrest for such an offense may issue a citation in place of the arrest, or arrest and then issue a citation in place of continued custody.
What happens if the person does not appear, and the offenses themselves, are set out in other sections that are not on this page. Whether an arrest was lawful in a particular case is a question for a licensed Maryland attorney.
Sources for this section (1)
- Md. Code, Crim. Proc. § 4-101 — Charging by citation
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed Maryland attorney.