What You Need to Know About San Antonio's Cite and Release Program

If you've been stopped by police in San Antonio or anywhere in Bexar County for a low-level offense, you may have heard the term “Cite and Release.” But what does it really mean—and could it keep you out of jail?

At Texas Defenders, we believe in protecting your rights at every stage of the criminal justice process. As a San Antonio-based criminal defense attorney, I'm here to break down exactly how Cite and Release works, who qualifies, and why it could be a critical tool for avoiding jail time and a criminal record.

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What Is Cite and Release?

Cite and Release is a policy that allows law enforcement officers to issue a citation—similar to a traffic ticket—for certain misdemeanor offenses instead of making a physical arrest. This means you could avoid a trip to jail and the long-lasting consequences that come with being booked and processed, like mugshots, time off work, and the stigma of arrest.

This policy is authorized by Article 14.06(c) of the Texas Code of Criminal Procedure, which permits officers to issue citations for Class A and B misdemeanors under specific conditions. San Antonio and Bexar County have adopted this model in an effort to reduce jail overcrowding, save taxpayer money, and offer nonviolent offenders a second chance.

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How Cite and Release Works in San Antonio

San Antonio Police Department (SAPD) began its Cite and Release program in July 2019, creating specific guidelines under SAPD Policy 505. The Bexar County District Attorney's Office also operates a companion program known as the Cite and Release Diversion Program (CRD).

Here's how it works:

1. An officer stops or detains you for a qualifying offense.

2. Instead of arresting you, the officer issues a citation and orders you to appear in court or attend a diversion program.

3. If you complete the required program (usually a class or community service), the charges may be dismissed.

4. You may even qualify for record expungement if you successfully complete the program.

This approach helps keep nonviolent individuals out of jail while still holding them accountable for their actions.

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Who Is Eligible?

San Antonio's program allows citations instead of arrests for the following Class A and B misdemeanor offenses:

• Possession of Marijuana (under 4 oz)

• Criminal Mischief (under $750)

• Theft (under $750)

• Theft of Services (under $750)

• Graffiti (under $2,500)

• Contraband in a Correctional Facility (if not involving violence or drugs)

• Driving with an Invalid License

However, not everyone qualifies. Officers may only issue a citation if:

• You reside in Bexar County

• You can provide valid identification

• You have no outstanding warrants

• The offense was committed in the same county where you live

• You are cooperative during the stop

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Officer Discretion: The Double-Edged Sword

One of the most important things to understand is that Cite and Release is discretionary. This means the officer can still choose to arrest you, even if you qualify for the program. There is no requirement that they must issue a citation.

While this gives officers flexibility, it can also lead to inconsistent application. Some individuals may be arrested while others in similar situations are released with a citation. This inconsistency is a major concern raised by civil rights groups and legal advocates across Texas.

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What Happens After You're Cited?

If you are issued a citation, the next steps are crucial. You will either be ordered to appear in court or referred to the Cite and Release Diversion (CRD) Program operated by the Bexar County DA's Office.

The CRD program offers a one-time opportunity to avoid prosecution by:

• Attending a class

• Performing community service

• Paying restitution if applicable

If you complete these requirements, your case is dismissed. This keeps your record clean and protects your future employment, housing, and educational opportunities.

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Benefits of Cite and Release

There are real advantages to this program:

• Avoid jail time and criminal processing

• Reduce the collateral consequences of an arrest

• Save money for the county and taxpayers

• Prevent jail overcrowding

• Protect your criminal record from long-term harm

At a time when people of color and low-income individuals are disproportionately affected by criminal justice practices, Cite and Release offers a more equitable and humane alternative—when used fairly.

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Proposition A and Public Debate

In 2023, San Antonio voters considered Proposition A, a proposed city charter amendment that would have made Cite and Release mandatory for eligible offenses. While the measure aimed to remove officer discretion and ensure uniform treatment, it was ultimately rejected by voters.

Law enforcement officials argued that mandatory Cite and Release would limit their ability to address community safety concerns. On the other hand, civil rights advocates saw Prop A as a step toward reducing racial disparities in policing.

While the proposition failed, the debate highlighted the need for continued reform and transparency in how the Cite and Release policy is applied.

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What to Do If You're Cited or Arrested

Even if you're given a citation instead of being arrested, you are still facing a criminal charge. You should contact a defense attorney immediately. Failing to comply with your citation can result in a warrant and full prosecution of the original offense.

At Texas Defenders, we can help you:

• Navigate the CRD program

• Explore dismissal and expungement options

• Challenge the citation or arrest if your rights were violated

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Talk to an Experienced San Antonio Criminal Defense Lawyer

If you or someone you know has received a citation or been arrested in Bexar County, don't leave your future to chance. I'm Monica Anna Guerrero, a criminal defense attorney serving San Antonio and the surrounding area. I've helped hundreds of clients avoid jail time and clear their records through Cite and Release and other diversion programs.

Call Texas Defenders today at 210-942-4441 to schedule a free consultation and protect your rights.

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