What determines if a suspect is either released on bail or his "Own Recognizance"?

Also, what determines whether a person is jailed vs just ticketed for a misdemeanor?

Answer to question #1: The Judge. And the Judge's decision is based on the nature of the charges and the history of the defendant.

Answer to question #2: The offense.. some misdemeanors are treated as infractions


EDIT: Also, it could depend on the county. Some counties jails are full so they will cite misdemeanors more often. Other counties are not so they will actually arrest you for the same offense.

Thanks for your answer. How would I find out if a certain misdemeanor is in fact a "jailable" offense?

In theory, every misdemeanor is a "jailable" offense.

Felonies are more major crimes and will take up jail space before misdemeanors.

Felonies are more major crimes and will take up jail space before misdemeanors.

That is, if the felony are not major enough to land the offender in prison instead.

What I'm talking about is BEFORE trial. I don't mean what misdemeanors can potentially result in jail time AFTER trial, that's simple to find out. I mean, misdemeanor offenses in which the suspect is arrested and instead of just getting a ticket, they are taken to jail. How is this determined? Is it written into the individual laws or is it at the discretion of the officer, or what?

If it is up to the officer, what sort of justification is reasonable enough to warrant the imprisonment?

If you are suspected of committing a misdemeanor... ANY misdemeanor, you can be taken to jail. Whether you are or not is not written into any law anywhere. It is department to department, county to county.

If you are looking for specifics, you will probably have to ask your local police officer or sheriff to see what their policy is. Or tell us what county & city you are in and what the offense is and maybe someone will know.

As for justification... if you are being an a**hole to the officer, he may take you in on something that he normally wouldn't have. That can be completely up to the officer since he has the right & ability to take you in on ANY misdemeanor