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A Minor Misdemeanor Is A Citation

Wis. Stat. 968.085 — a citation for a misdemeanor, and release on the person's own recognizance

The citation. An officer may issue a citation to any person the officer has reasonable grounds to believe committed a misdemeanor, in the field or at the station, instead of or after a lawful arrest. A person who is cited is released on their own recognizance.

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  • Whether the accused has given proper identification.
  • Whether the accused is willing to sign the citation.
  • Whether the accused appears to be a danger to self, others or property.
  • Ties to the community.
  • Any previous failure to appear.
  • Whether further detention appears necessary for a legitimate investigation.

Those are what the officer may consider in deciding whether to issue a citation. A citation is not a criminal complaint and may not substitute for one.

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 Wisconsin attorney.

Sources for this section (1)
  1. Wis. Stat. 968.085 — Citation, and release of the accused

Legal information, not legal advice. Verified as of September 2026. Applying it to a particular situation is the work of a licensed Wisconsin attorney.

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