You weren't booked into jail — an officer handed you a citation (a Notice to Appear), you signed it, and you went home. That's cite-and-release. It is not a conviction, and the charge on the ticket is not necessarily the charge you'll face.
Here's what the citation actually means in San Mateo County, and what to do before your court date.
What "Cited and Released" Means
On a misdemeanor, California law lets an officer release you in the field or from the station on a written Notice to Appear — a citation — instead of holding you in custody. This is Penal Code 853.6. You signed a promise to appear; that signature is not an admission of guilt.
The citation lists a charge, a court, and a date. But that date is the start of the process, not the end of it — and the charge on it is only the arresting officer's view.
The DA Decides the Charge — Not the Ticket
In San Mateo County, after the police submit their reports, a Deputy District Attorney independently reviews the evidence and decides whether it proves the case beyond a reasonable doubt. Only then does the DA issue a written complaint stating the actual charges.
That review can go several ways: the DA may file the charge on your ticket, file something different, add charges, or decline to file at all. This window — between the citation and the filing decision — is exactly when defense counsel can make a difference by getting to the DA first.
Do Not Miss the Date
Failing to appear as promised is its own crime under Penal Code 853.7 — punishable by up to six months in jail and a $1,000 fine, separate from and on top of the original charge.
The court can also issue a bench warrant for your arrest. If you cannot make the date, or you're not sure the date is real, contact an attorney before it passes — not after.
Where You'll Appear
San Mateo County criminal matters are heard at the Hall of Justice, 400 County Center, Redwood City, or the Northern Branch at 1050 Mission Road, South San Francisco. Your citation states which courthouse, plus the date and time.
For most misdemeanors, your attorney can appear on your behalf under Penal Code 977 — see what happens at a San Mateo County arraignment.
What to Do Before Your Date
Talk to a defense attorney before you appear. Early, that can mean:
- Reaching the DA before charges are filed — sometimes shaping or heading off the filing decision.
- Preserving evidence — surveillance video and witness memory fade fast.
- Lining up diversion — San Mateo County offers judicial diversion (PC 1001.95), mental health diversion, and collaborative courts including Drug Court, Military Diversion, and the Pathways Program mental health court.
ASH Legal handles San Mateo County misdemeanors on a flat fee starting at $3,500. See the San Mateo County criminal defense overview.
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Got a citation with a San Mateo County court date? Send me the charge and the date. I'll tell you what it likely means and what to do before you appear.
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