California Penal Code §853.8 — Notice to Appear / Citation Form
PC §853.8 is part of California's citation-and-release chapter (PC §§853.5–853.9). It governs the notice-to-appear form used by peace officers to release a person on a written promise to appear rather than book the person into custody. §853.8 is not a chargeable offense; the chargeable failure-to-appear counterparts are PC §853.7 (misdemeanor FTA on citation), PC §1320 (FTA while on OR), and PC §1320.5 (FTA while on bail).
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Notice to Appear / Citation Form Cases in All LA County Courts
01 — Quick Facts
PC §853.8 — Notice to Appear / Citation Form at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §853.8 — Notice to Appear Citation Book |
| Code Type | Penal Code (PC) |
| Classification | Procedural — not a standalone chargeable offense |
| Function | Regulates form and content of the citation / notice-to-appear released to a defendant in lieu of booking |
| Related Chargeable Statutes | PC §853.7 (FTA on citation — misdemeanor); PC §1320 (FTA on OR — wobbler); PC §1320.5 (FTA on bail — felony) |
| Related Procedural Statutes | PC §§853.5, 853.6, 853.7, 853.9 |
| §17(b) | N/A (procedural) |
| Bench-Warrant Consequences | FTA on §853.8-based citation triggers §853.7 misdemeanor filing and bench warrant |
| Statute of Limitations | 1 year for §853.7 FTA companion |
| Free Consultation | (213) 723-2337 — 24/7 |
01 — What Is PC §853.8?
What Is California Penal Code §853.8?
PC §853.8 Reads:
"Whenever a person is arrested and released pursuant to Sections 853.5, 853.6, or 853.7, the notice to appear shall be prepared on a form approved by the Judicial Council and shall contain the name and address of the person, the offense charged, and the time and place where and when the person is required to appear in court."
— California Penal Code §853.8 (paraphrased procedural summary)
PC §853.8 controls the citation form officers use for cite-and-release. It is a procedural / administrative statute — not an offense definition. Traffic tickets, misdemeanor cite-and-release, and many infraction citations all rest on the §853.8 framework. Rubin Law, P.C. lists §853.8 here for reference and to direct users to the actual chargeable failure-to-appear statutes that most people are searching for:
Why This Section Matters
Most users landing on §853.8 are searching for the failure-to-appear consequences of skipping a court date. The chargeable statutes are: (1) PC §853.7 — misdemeanor FTA on a written promise to appear, up to 6 months county jail and/or $1,000; (2) PC §1320 — wobbler FTA while on OR, up to 3 years state prison if the underlying case was a felony; (3) PC §1320.5 — felony FTA while on bail, punishable under §1170(h). A bench warrant, license hold (VC §40509.5), and forfeiture of bail commonly follow. Rubin Law handles bench-warrant recalls, walk-in FTA quashes, and negotiation to prevent §853.7/§1320/§1320.5 filings.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §853.8
§853.8 has no offense elements. The elements below apply to the actual chargeable FTA statutes.
PC §853.7 (FTA on Citation) — Element 1
Defendant was released on a written promise to appear.
PC §853.7 — Element 2
Defendant willfully failed to appear as promised.
PC §1320 (FTA on OR) — Element
Defendant was released on own recognizance and willfully failed to appear.
PC §1320.5 (FTA on Bail) — Element
Defendant was released on bail and willfully failed to appear to evade the court process.
04 — Penalties
Penalties for PC §853.8 Notice to Appear / Citation Form in California
Penalty structure for the chargeable FTA statutes referenced by §853.8.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| PC §853.7 (FTA on Citation) | PC §853.7 | Up to 6 months county jail / $1,000 (misdemeanor) | Available | No |
| PC §1320(a) (FTA on OR — Misdemeanor Base) | PC §1320(a) | Up to 6 months county jail (misdemeanor) | Available | No |
| PC §1320(b) (FTA on OR — Felony Base) | PC §1320(b) | 16 mo, 2, or 3 yrs county jail (§1170(h)) | Available | No |
| PC §1320.5 (FTA on Bail — Felony) | PC §1320.5 | 16 mo, 2, or 3 yrs county jail (§1170(h)) | Available | No |
Ancillary Consequences
Bench Warrant
PC §978.5
Automatic bench warrant on FTA — arrest exposure any traffic stop.
Bail Forfeiture
PC §1305
Bail bond forfeited upon FTA; 180-day statutory window to reinstate.
License Hold
VC §40509 / §40509.5
DMV license hold on FTA in traffic cases.
Bail Increase
PC §1275
Bail commonly doubled or trebled on FTA recall.
Beyond the Sentence
- Bench warrant with arrest exposure at any traffic stop
- DMV license hold and hold-release fees
- Bail-bond forfeiture and premium loss
- Increased bail on recall
- Companion §853.7 or §1320 misdemeanor/felony filing
- Immigration ICE-hold risk for non-citizens on any custody event
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §853.8 Notice to Appear / Citation Form Charges
Rubin Law, P.C. defends §853.7 / §1320 / §1320.5 FTA filings through the following strategies.
No Willfulness
Willfulness is required for every FTA statute. Hospitalization, family emergency, incarcerated elsewhere, or clerical notice failure defeat the willful element.
Willfulness
Defective Citation / Notice
Illegible signature, defective service, wrong date — the §853.8 form must be complete and proper.
Notice
Walk-In Warrant Recall
Rubin Law walks the defendant in on §978.5 recall, often avoiding custody and bail increase.
PC §978.5
Prevent Companion Filing
Fast walk-in and voluntary compliance regularly prevent DA §853.7 companion filings.
Companion
No Intent to Evade (§1320.5)
§1320.5 requires intent to evade — mistake, illness, and out-of-state incarceration defeat that element.
License-Hold Release
Rubin Law works with DMV to release VC §40509 / §40509.5 license holds after recall.
DMV
Constitutional Sources
07 — Court Process
How PC §853.8 Notice to Appear / Citation Form Cases Move Through Los Angeles Courts
Typical FTA / warrant-recall flow in LA County.
- 1
Step 1 — Warrant Check
Rubin Law confirms outstanding warrant and bail amount before walk-in.
- 2
Step 2 — Voluntary Appearance
Client walks in with counsel; PC §978.5 recall motion filed.
- 3
Step 3 — Recall Hearing
Judge recalls warrant and reinstates OR / bail; may set new appearance date.
- 4
Step 4 — Bail Reset (§1275)
Bail argued to prevent doubling / tripling on recall.
- 5
Step 5 — DMV Hold Release
Rubin Law provides court clearance to DMV for hold release.
- 6
Step 6 — Companion Filing Defense
Where DA files §853.7 / §1320 / §1320.5, defense proceeds under those statutes.
Los Angeles Courts That Handle PC §853.8 Notice to Appear / Citation Form Cases
Warrant recalls occur in the originating courthouse.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Notice to Appear / Citation Form Defense Attorney
Daniel S. Rubin has defended clients charged with notice to appear / citation form and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under PC §853.8 in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Notice to Appear / Citation Form Cases Throughout LA County
See our full Notice to Appear / Citation Form defense practice
09 — FAQs
PC §853.8 Notice to Appear / Citation Form Questions — Los Angeles
Is PC §853.8 a crime?
No. PC §853.8 is a procedural statute that governs the notice-to-appear / citation form officers use in cite-and-release. It is not a chargeable offense. The chargeable FTA statutes are §853.7, §1320, and §1320.5.
What happens if I miss a court date after being cited?
The court issues a bench warrant, the DMV may place a license hold under VC §40509.5, and the DA may file misdemeanor PC §853.7 (FTA on citation). Bail on later arrest is typically increased.
What is the difference between §853.7 and §1320?
§853.7 covers FTA on a written citation / promise to appear (misdemeanor). §1320 covers FTA while on own-recognizance release, and is a wobbler that becomes a felony when the underlying case is a felony.
What is §1320.5?
PC §1320.5 punishes willful FTA with intent to evade court process while on bail. It is a felony under §1170(h) with 16 months, 2, or 3 years county jail exposure.
Can I walk in on a warrant?
Yes. PC §978.5 permits voluntary appearance to recall a bench warrant. Walk-in recall commonly avoids custody and prevents §853.7 / §1320 companion filings.
How does DMV get involved?
VC §40509 / §40509.5 authorize DMV to place a license hold when a driver fails to appear on traffic-related citations. The hold is released once the court clears the FTA.
Is missing court an immigration problem?
Missing court itself is generally not a CIMT, but the resulting arrest, custody event, and any §1320 / §1320.5 felony conviction can create serious immigration exposure.
Available 24/7 — Free Consultation
Missed Court or Have an Outstanding Warrant? Call Rubin Law.
PC §853.8 governs the citation — but the real exposure is §853.7, §1320, or §1320.5. Rubin Law, P.C. walks clients in on §978.5 recall and prevents companion FTA filings. Call (213) 723-2337.