Minnesota Misdemeanor Offenses: Will I Be Arrested or Cited?
In Minnesota, a person first enters the criminal justice system through a variety of means. The most common means are through arrest, citation, or tab charge by a police officer. Pursuant to
the Minnesota Rules of Criminal Procedure, police officers must issue citations to persons subject to lawful arrest for misdemeanors unless it reasonably appears to the officer that arrest or detention is necessary to prevent bodily harm to the accused or another or further criminal conduct, or that there is a substantial likelihood that the person will fail to respond to a citation.
In addition, pursuant to statute, a police officer may not arrest someone for a misdemeanor offense unless the officer personally observes the person commit, or attempt to commit the offense. Police officers may exercise discretion, within the constraints of the law in determining whether to make an arrest or whether to issue a citation.
