Houston Police Join Cite & Release Program

Cite and Release: Houston Police Join County Program 

In mid-September, the Houston Police Department announced the implementation of a cite and release program for minor offenses. Under their current policy, these offenses would require officers to take offenders to Harris County Jail. 

Houston City Council’s Public Safety and Homeland Security Committee detailed the program in a presentation on September 17. In 2007, the Texas Legislature established this policy as an option for law enforcement agencies throughout the state. Before this presentation, the Harris County Sheriff’s Office adopted the policy. 

On Monday, September 28, 2020, Houston Mayor Sylvester Turner signed an executive order to institute the policy.

What Is a Cite and Release Program? 

With a cite and release policy, officers have the option to write tickets for minor criminal offenses. The policy enacted by the Mayor limits eligible offenses to some class A or B misdemeanors that meet certain criteria.

Examples of eligible offenses include the following:

•           Driving without a license 
•           Trespassing 
•           Graffiti below $2500 
•           Theft below $750

With the program enacted, HPD’s policy will mirror the protocols of Harris County. However, it is important to note that this policy is only in effect in Harris County. If you are in Montgomery County or Fort Bend County, this program is not in effect. 

Policies in Texas 

Cite and release policies are not new in Texas. However, with criminal justice reform gaining support across the country, the policy is gaining traction. In February 2020, Harris County Sheriff Ed Gonzalez explained the importance of the program. 

“We have a growing jail population here. We house close to [9,000] every month…we’ve had to outsource because we reached capacity and we don’t want to do that. We want to make sure there’s enough bed space for more violent criminals.”

Per Sheriff Gonzalez, San Antonio and other cities across Texas already have similar programs in place. As the Mayor signed the executive order, Gonzalez noted that his department has written about 60 tickets since implementing the program. 

“I went to several of the court hearings personally, and everyone showed up to court.”

Who Qualifies for Cite and Release? 

According to the Texas Code of Criminal Procedures (Article 14.06), there are certain qualifying offenses:

•           Drug possession under 4 ounces 
•           Criminal mischief under $750 in damages 
•           Theft under $750 
•           Graffiti under $2500 in damages 
•           Driving with an invalid license (so long as you are not the at-fault driver in a crash)
•           Being caught with something you shouldn’t have in a correctional facility

Someone cannot qualify when they are under 17 years of age, have outstanding warrants, or are currently on parole. Moreover, police officers will decline citations if the person poses a risk to public safety.  

Another important note is that officers cannot release the person when they demand an immediate appearance before a magistrate. They also cannot release a person in need of medical attention. 

When someone qualifies, the officer must confirm their identity and ensure they reside within Harris County. There will be a background check, the officer will call the District Attorney’s office to confirm eligibility. Following this, the officer will ask the person to sign the Cite and Release Citation form.

Cite and Release with a Criminal Defense Attorney 

Enacting a cite and release program across Harris County law enforcement is progress for criminal justice reform. However, many advocates hold concern over its effects on Black and Latino communities. To ensure fair treatment, you need an advocate on your side who will fight for your best interests. 

At The Martinez Law Firm, we strive to attain the best possible outcome in every case. If you receive a ticket in this new cite and release program, contact our Houston criminal defense attorney. With a free legal consultation, we will evaluate your case and help you find the best course of action. Contact us today. 

SUPREME COURT DECLARES SILENCE CAN BE HELD AGAINST YOU

Last week, the Supreme Court weighed in on a case where the defendant claimed that his Fifth Amendment rights were violated because his silence was used against him in the case. The defendant was originally called in as
a witness on a murder case, and was responding to officers’ questions when they asked him if his shotgun shells would match the shells found at the scene of the crime. At this time, the man who had been open to talk before clammed up and would not answer any more questions. He refused to respond to law enforcement, shuffled his feet, and displayed signs of extreme discomfort.

The man was arrested for his incriminating behaviors, and eventually convicted as the murderer in a case in Texas. His defense attorney then appealed the case, claiming that because his silence was used as evidence of guilt, the case was unconstitutional. The Supreme Court looked at the situation, and justices decided that the man should be found guilty for murder and that his silence could be used to prove this fact.

They say that this is because the man was not under arrest at the time
that the interview took place. Instead, the defendant was in the middle
of a witness interview. He had not been arrested, and had not been read
his Miranda Rights. Now, the Supreme Court claims that before an arrest
or before Miranda Rights are read, law enforcement can use a person’s
silence as evidence that they are guilty of a crime.

This has far-reaching implications for criminal cases in every state. If
you have been arrested for a crime and your silence was used against you,
you need to get a Houston criminal defense lawyer involved right away. With the right criminal defense attorney on your side you may be able to challenge your case and receive a reduced sentence or a dismissal!