Tarrant County, TX (WBAP/KLIF) – Tarrant County officials announced a change in policy related to low-level crimes.
Most low level marijuana offenses and criminal mischief for losses between $100 and $750 are among crimes that will no longer result in immediate arrest, but a citation will be issued instead.
The Tarrant County Law Enforcement Executives Association; Tarrant County Magistrates, and, Criminal District Attorney’s offices made the changes Monday under Texas’ ‘Cite and Release’ Law.
Officials stressed that those cited will still face prosecution, and it’s up to the officer and police department to make the ultimate decision.
Two years ago, Dallas DA John Creuzot created a firestorm of controversy for announcing similar changes.
Here’s how it works: Officers issue a citation to appear before Tarrant County magistrates on a certain date, instead of making an immediate arrest. When the offender appears, the magistrate notifies the law enforcement agency that wrote the citation. The law enforcement agency then files the case with the DA’s Office for prosecution.
“Offenders who receive a citation will still have their cases filed with the DA’s office. Tarrant County has 41 municipal law enforcement agencies. Not every agency may choose to use Cite and Release,” said Chief Cody Phillips, City of Haltom City Police Department and president of the Tarrant County Law Enforcement Executives Association.
“A custodial arrest is not always the best course of action when trying to balance the best way to handle criminal behavior. Cite and Release gives the officer another tool at their discretion to address situations where a crime has been committed but making an arrest is not in the best interest of justice,” said Dalworthington Gardens Police Chief Greg Petty.
Harris Bexar and Travis counties also already have begun to use cite and release.
Eligible charges under ‘cite and release’:
- Possession of marijuana less than two ounces;
- possession of marijuana between two and four ounces;
- possession of controlled substance in penalty group 2A less than two ounces;
- possession of controlled substance in penalty group 2A between two and four ounces;
- criminal mischief if the amount of loss is between $100 and $750;
- graffiti if the amount of loss is between $100 and $2,500; and
- theft if the value stolen is between $100 and $750
To be eligible for a citation instead of an immediate arrest, the offender must be an adult who lives in Tarrant County and committed the offense in Tarrant County as well. The offender must have ID sufficient to prove his or her identity. The offender must not have an outstanding warrant for a Class B or higher offense.
The Fort Worth Police Department is participating in Tarrant County’s new Cite and Release program. “The Cite and Release program in no way takes away an officer’s ability to arrest an offender. The decision to make a custodial arrest or utilize the Cite and Release program remains at the discretion of the investigating officer. “What the Cite and Release program does is lessen the burdens on our officers by reducing the time spent on minor/non-violent offenses. This allows them to get back into service more quickly, better serve our citizens, and spend more time addressing violent crime. We believe the Cite and Release program will be another important step in increasing the efficiency of our officers as we all work together to reduce violent crime and keep Fort Worth safe,” The department said in a release.
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