Which condition would prevent issuing a Notice to Appear?

Which condition would prevent issuing a Notice to Appear?

• A. Suspect signs the NTA
• B. The offense is a traffic violation
• C. Suspect has ties to the jurisdiction
• D. Suspect poses high risk to self or others

Answer: (D)

A Notice to Appear is issued to begin removal proceedings and is typically used when the person can be released under supervision and is expected to appear for the hearing. The condition that would prevent issuing an NTA is when the individual is considered a high-risk to themselves or others; in that case, authorities would not release them on an NTA and would instead detain them for safety or custody reasons. So the concern for personal or public safety overrides the possibility of release on an NTA. Signing the NTA by the suspect doesn’t prevent issuance, and a traffic offense or having ties to the jurisdiction aren’t barriers to issuing an NTA in themselves; they don’t carry the immediate detention trigger that a high-risk assessment does.

A Notice to Appear is issued to begin removal proceedings and is typically used when the person can be released under supervision and is expected to appear for the hearing. The condition that would prevent issuing an NTA is when the individual is considered a high-risk to themselves or others; in that case, authorities would not release them on an NTA and would instead detain them for safety or custody reasons. So the concern for personal or public safety overrides the possibility of release on an NTA.

Signing the NTA by the suspect doesn’t prevent issuance, and a traffic offense or having ties to the jurisdiction aren’t barriers to issuing an NTA in themselves; they don’t carry the immediate detention trigger that a high-risk assessment does.