What Does “Released on Summons” Mean?
You didn’t expect to leave the police stop without handcuffs. But instead of being taken to jail, the officer handed you a piece of paper and said you were “released on a summons.” Are you charged with a crime? Do you still have to go to court? Could you still end up in jail?
This guide will explain the summons, what it requires of you, and what happens if you don’t respond appropriately.
What Does “Released on Summons” Mean in Virginia?
A summons is a legal document issued by a law enforcement officer that directs a person to appear in court on a specific date and time. You are not taken into custody or booked into jail when released on a summons. However, you’re still formally charged with an offense under Virginia law.
Released on Summons vs. Arrested: What’s the Difference?
Being released on a summons does not mean you are being let off the hook. It means you can remain free without posting a bond while awaiting trial. You are still charged. The most significant difference lies in how you’re processed. With a summons, you are given written notice to appear in court and allowed to go home, while in an arrest, you are taken into custody, transported to jail, and must wait for arraignment or bond.
In either case, you face legal consequences and must take the court date seriously.
What Offenses Are Eligible for a Summons in Virginia?
Under Virginia Code § 46.2-936, officers are allowed to issue summonses for many types of minor criminal and traffic offenses. Common examples include:
- Traffic infractions, such as speeding, failure to yield, or running a red light;
- Class 3 or Class 4 misdemeanors that typically carry fines but no jail time, and
- Particular Class 1 or Class 2 misdemeanors, including shoplifting or simple assault.
Officers may not release someone on a summons if they believe the person will not appear in court or may cause harm to themselves or others.
What Are You Required to Do If You’re Released on a Summons?
A summons is a command from the court, and by signing the summons, you agree to appear on the date listed. This appearance is usually your arraignment or initial hearing. Failing to appear can land you in jail.
If you fail to show up, you could be charged with a separate offense for failure to appear, a Class 1 misdemeanor.
Common Misconceptions About Being Released on a Summons in Virginia
Some people mistake a summons as a “warning” or a sign that the case isn’t serious. That misunderstanding can have serious consequences. Here’s what you need to know:
- It’s not a free pass. A summons means formal charges have been filed against you.
- It does not erase your criminal record. Even if you weren’t arrested, the charge still appears in your case history unless expunged.
- It can still carry penalties. Depending on the charge, jail time, license suspension, or fines may apply.
- You can still be fingerprinted later. If the offense is fingerprintable, you may be required to return for processing.
A “released on a summons” traffic ticket may not seem like a big deal, but ignoring it can turn a minor issue into a criminal one.
Don’t Let a Piece of Paper Catch You Off Guard
Flusche & Fitzgerald is a Virginia-based legal defense firm that provides personalized service, clear communication, and reliable outcomes in criminal and traffic cases. With over a decade of experience, we have helped thousands of Virginians confidently take on the court system without confusion or fear. Let’s talk about your case and what’s possible.
Frequently Asked Questions
What Does Released on Recognizance Mean?
Being released on recognizance (ROR) means the court allowed you to stay free without a bond because you promised to return. It typically occurs at arraignment or bail hearings, not during roadside stops like “released on summons” situations. The concepts are similar, but ROR comes from judicial discretion, whereas a summons is law enforcement-based.
Does a Summons Mean You Have Been Charged?
Yes. A summons is a formal charging document. It doesn’t mean you’re guilty, but you must appear in court to address the accusation.
Is a Summons the Same Thing as a Warrant?
No. A warrant authorizes police to arrest you, while a summons directs you to appear in court voluntarily. If you ignore a summons, a warrant may be issued for your arrest.
What Does It Mean When Someone Is Issued a Summons?
The person is charged with a traffic or criminal offense and must go to court. It’s not a suggestion. It’s a legal obligation.
Will a Summons Go on My Criminal Record?
A summons is usually linked to a charge, such as a traffic violation or criminal misdemeanor. It becomes part of your official court record, even if you’re not arrested. It can only be removed with a successful dismissal or expungement.
Can You Go to Jail for a Criminal Summons?
Yes. A criminal summons is still a formal accusation, and the court has full authority to impose jail time if you’re convicted of a jailable offense such as DUI, assault, or shoplifting.
Can a Criminal Summons Be Dropped?
Prosecutors may drop a summons (nolle prosequi) due to insufficient evidence or legal defects, but many charges proceed to trial. Negotiating a plea deal or seeking dismissal with a defense attorney is possible.
Resource List
- Virginia Court Case Information System (Traffic/Criminal Records). Virginia’s Judicial System. link
- General District Court Manual – Chapter 2: Summons and Arrest Warrants. Virginia’s Judicial System. link
