California POST Training Practice Test

What happens if an adult commits a misdemeanor in the presence of a peace officer and no arrest is made?

1. The misdemeanor is disregarded

2. It becomes a stale misdemeanor

3. They are fined immediately

4. They must be charged after a trial

The correct answer is: It becomes a stale misdemeanor

When an adult commits a misdemeanor in the presence of a peace officer, and no arrest is made, the situation typically leads to the misdemeanor being considered "stale." This concept refers to the idea that a delay in taking action on the misdemeanor can undermine the immediacy and authority of the law enforcement response. In other words, when a peace officer witnesses an offense but does not take immediate action—such as making an arrest or issuing a citation—the opportunity to address the misdemeanor effectively diminishes over time. This might limit the prosecution's options, potentially leading to complications if the case were to be pursued later. A misdemeanor does not simply become disregarded; it cannot lead to an immediate fine without due process; and there is no requirement for an automatic trial for a charge to occur. Instead, the "staleness" of the misdemeanor reflects the diminishing chances of successfully prosecuting the offense if action is not taken shortly after witnessing it.