Frequently Asked Questions about the Community Court and the Citation Hearing Process

What is a Citation Hearing?

A citation hearing is a proceeding where cited persons deal with matters referred to the District Attorney’s Office. It is an informal hearing before a Judge/Arbitrator. The persons or agencies bringing the complaint provide information. The party who is the subject of the complaint may also present information. When the hearing is over, a directive is issued describing what actions must be taken to resolve the matter.

Does the result of a citation hearing go on a criminal record?

The record will indicate the case was Discharged/Resolved.

What kind of matters are heard at citation hearings?

Matters where compliance with the law is at issue and the referring agency feels that the subject of the complaint needs to be informed or reminded of the law. Examples are: failure to obtain a required license, failure to pay a fee, failure to abate a nuisance, minors in possession of alcohol, and other code violations. Many other Offender Criminal Misdemeanor citations are usually referred to the process.

Can a party bring an attorney to the hearing?

Yes, legal representation is welcome.

Are statements made at the hearing recorded?

No.

Will the District Attorney use statements made by a party at the hearing against the party in a future prosecution related to the same matter?

No

If a party attends the hearing, participates, and complies with any directives made by the Judge/Arbitrator, will he/she face prosecution for the same matter?

No. The citation hearing is an alternative to prosecution and if a party complies with all directives made by the Judge/Arbitrator, the District Attorney’s Office will not pursue the matter any further. However, if the person receiving the citation is cited again for the same offense within 12 months from the date of the incident it will be viewed as a second offense.

What happens if a party refuses to attend a citation hearing or comply with an order issued by the Judge/Arbitrator?

The District Attorney’s Office will review the case and decide whether there is sufficient evidence to charge the suspect and refer the case for prosecution. The case may be filed and handled like any other criminal case. Once the case is filed, it can not be discharged to CaCDS for a citation hearing.

What are the advantages of a citation hearing?

The matter will be heard and directed in a single hearing. No conviction is issued. The record will show the case was resolved without guilt.

Can a party bring witnesses to the hearing?

Yes.

What happens at the hearing?

The party subject to the complaint and the party or agency making the complaint appear before a Judge/Arbitrator. Each side may offer evidence and information. Both sides max agree to the result and the timetable for the result to be achieved. If the parties do not agree, the Judge/Arbitrator makes a decision. The Judge/Arbitrator then issues a directive which the party or parties follow.

Who is the Judge/Arbitrator?

He/she is a neutral party who is experienced in resolving complaints and disputes. The Judge/Arbitrator listens to and reviews the information and evidence provided at the hearing and makes a decision. This person does not know either party and has no affiliation with the District Attorney’s Office or the Police Department. The Judge/Arbitrator is contracted by CaCDS.

Is there a charge for the hearing?

All fees will be determined in the Citation Hearing Process.  Community service maybe accessed in lieu of any fees.

CONFIDENTIALITY IS STRICTLY ADHERED TO WITH REGARD TO ALL INFORMATION PRESENTED WITHIN THE CITATION HEARING PROCESS.

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