In Washington State, Misdemeanors are categorized in two categories: simple misdemeanors; which are punishable up to 90 days in jail; and gross misdemeanors, which are punishable up to one year in jail. Although there are some exceptions, most misdemeanors need to be independently observed by the law enforcement officer issuing the citation. On some occassions a charging decision will be left up to the prosecuting attorney. It is advisable to seek legal counsel as to the exact nature of your charge so you will have information regarding your options.
RCWA 10.93.070 confers upon peace officers the general authority to enforce the traffic or criminal laws throughout the territorial bounds of the State of Washington. It would be helpful if you provided the misdemeanor in question. There are certain misdemeanors that require the officer arrest an individual. In these cases, the officer has no discretion and the arrest is mandatory. Other misdemeanors give the officer statutory discretion to give a citation and release the person rather than arrest. For example, a police officer has discretion to make a full custodial arrest or to issue a citation for the offense of driving while license suspended. However, custodial arrest is not permitted for minor traffic violations such as speeding if the defendant signs the promise to appear contained in the citation.
