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A. Whenever a law enforcement officer would be empowered to make an arrest without a warrant for an offense not punishable by banishment but has reasonable grounds to believe an immediate arrest is not necessary to preserve the public peace and safety, he may, in his discretion, issue the defendant a citation instead of taking said person into custody. Such citation, signed by the law enforcement officer, shall be considered a Court order, and may be filed in the action in lieu of a formal complaint, unless the Court orders that a formal complaint be filed.

B. Contents of Citation.

1. The citation shall contain the name and address of the Court, the name or alias and description of the defendant, a description of the offense charged, the Osage Nation Code title and section number of the alleged offense, and the signature of the law enforcement officer who issued the citation.

2. The citation shall contain an agreement by the defendant to appear before the Trial Judge on the next court date to answer to the charge, and the signature of the defendant.

3. The citation shall contain a notice that upon the defendant’s failure to appear, an arrest warrant shall issue and that the defendant may be further charged with disobeying a lawful order of the Court.

4. One copy of the citation shall be given to the defendant and one copy shall be delivered to the Prosecutor.