Uniform Misdemeanor Citation and Complaint Form - Signature on the Summons; Procedure on Failure to Sign

As amended through August 8, 2024

(1) If the defendant is to be released upon receipt of a copy of the citation, he or she must sign the citation acknowledging receipt of the summons.

(2) Signing the citation shall only be an acknowledgment of the obligation to appear at the court and at the time specified in the citation and is not an admission as to the validity of the citation or any information contained therein.

(3) If the defendant cited refuses to sign the citation, the officer issuing the citation shall inform the person that:

a. Signing the citation is only an acknowledgment of the duty to appear in court and is not an agreement with the correctness of the charge or the information about the charge on the citation;

b. Failure to sign the citation will make the defendant ineligible for release upon receipt of a copy of the citation; and

c. Defendants continuing to refuse to sign the citation shall be taken into custody and promptly brought before a judge if not released pursuant to a standing order or bail schedule.

(4) Courts exercising jurisdiction over citations shall make provisions by standing order or bail schedule for a prompt determination of a reasonable bail when defendants are not released upon a receipt of a copy of citation.

a. If no bail schedule provides a bond for the defendant's release, the defendant shall be brought before a judge for the setting of bond as soon as possible, but in all events within 48 hours. At such time, the judge shall consider the financial factors provided for in O.C.G.A. § 17-6-1(e)(2). If the citation is for criminal trespass and it is known to the citing officer to be a family violence offense under O.C.G.A. § 19-13-1, the defendant shall be taken into custody and promptly brought before a judge for individual assessment of bail, including conditions of release, if any.

b. If the bail schedule permits release upon a signature bond from the defendant, no further action needs be taken with respect to bail.

c. If the bail schedule provides for a bond secured by cash, property, or surety, the financial circumstances of the defendant shall be reviewed as provided in O.C.G.A. § 17-6-1(e)(2) as soon as possible, but in all events within 48 hours.

Amended effective July 1, 2019.