Not according to my wife who is a Marshal. She makes her living arresting people. I guess you can consider it an (unbooked) arrest but technically the Judge tells me its not.:thumb:
Isn't it kind of like getting a speeding ticket? You get a court date etc but you don't get "arrested".
I'm not telling you it can be considered an arrest, I'm telling you it is. I've written about a hundred of them over the last 13 years. mis·de·mean·or(msd-mnr) n. 1. A misdeed. 2. Law A criminal offense that is less serious than a felony and generally punishable by a fine, a jail term of up to a year, or both :thumb::thumb:
Appreciate the correction Sir. Maybe I misunderstood what she said, I'll have to ask for an explanation. The wording below made me think it wasn't. Thanks! Art. 211. Summons by officer instead of arrest and booking A.(1) When it is lawful for a peace officer to arrest a person without a warrant for a misdemeanor, or for a felony charge of theft or illegal possession of stolen things when the thing of value is five hundred dollars or more but less than one thousand dollars, he may issue a written summons instead of making an arrest if all of the following exist: (a) The officer has reasonable grounds to believe that the person will appear upon summons. (b) The officer has no reasonable grounds to believe that the person will cause injury to himself or another or damage to property or will continue in the same or a similar offense unless immediately arrested and booked. (c) There is no necessity to book the person to comply with routine identification procedures. (d) If an officer issues a summons for a felony described in this Paragraph, the officer issuing the summons has ascertained that the person has no prior criminal convictions. (2) In any case in which a summons has been issued, a warrant of arrest may later be issued in its place. B.(1) When a peace officer has reasonable grounds to believe a person has committed the offense of issuing worthless checks as defined by R.S. 14:71, he may issue a written summons instead of making an arrest if all of the following exist: (a) He has reasonable grounds to believe that the person will appear upon summons. (b) He has no reasonable grounds to believe that the person will cause injury to himself or another or damage to property unless immediately arrested. (2) In any case in which a summons has been issued, a warrant of arrest may later be issued in its place. C.(1) When a peace officer has reasonable grounds to believe a person has committed an offense of driving without a valid driver's license in his possession, the officer shall make every practical attempt based on identifying information provided by the person to confirm that the person has been issued a valid driver's license. If the officer determines that the person has been issued a valid driver's license which is not under revocation, suspension, or cancellation, but that the license is not in his possession, the officer shall issue a written summons to the offender in accordance with law, commanding him to appear and answer the charge. (2) The provisions of this Article shall in no way limit a peace officer from issuing a citation for operating a motor vehicle without physical possession of a valid driver's license. Amended by Acts 1982, No. 180, §1; Acts 1995, No. 769, §1; Acts 2006, No. 143, §2; Acts 2011, No. 403, §1.
FWIW.... I got a summons for DTP by fighting in 2008. I got the charge dropped in court and wasn't convicted. Last year I applied for a job and while going through the interview, the man asked if I have ever been arrested. I proudly said "no sir". He said "according to your criminal history you were 'arrested by summons' in 2008". I thought "arrested by summons??? WTF?" When I thought of being arrested I always thought of handcuffs and being taken to jail. So I called a cop I know and learned that I have a criminal history and that if I ever get a misdemeanor summons- it means I'm being arrested for a misdemeanor crime.
if you weren't convicted like you said, you can apply for expungement five years after the arrest. From what I understand, when an employer looks at your arrest record it won't be there. Someone correct me if that's wrong.
So did you get the job? $TigerFan$, I believe the terminolgy is confusing you. In reference to the statements you highlighted... This is exactly what I initially stated. a misdemeanor summons is an (unbooked) arrest. All this means is that an officer or deputy is allowed to write an arrest warrant after a summons was issued. This usually happens when the investigating officer discovered more information after writing the summons and has to add more charges and/or change the misdemeanor charge to a felony. This statement is referring to an arrest and booking. When Title 14 codes/statutes are explained, they refer to an arrest as booking someone in jail. Like I said, a misdemeanor summons is an (unbooked) arrest. If someone is ever charged with a title 14 statute (criminal offense) it is considered an arrest. Like Cade said "arrested by summons" how an officer or deputy usually words the police report after he wrote a summons.
