Local Rule D.C.COLO.LCrR 58.1: FORFEITURE OF COLLATERAL IN LIEU OF APPEARANCE AND NOTICE OF CONVICTION

D.C.COLO.LCrR 58.1 FORFEITURE OF COLLATERAL IN LIEU OF APPEARANCE AND NOTICE OF CONVICTION

(a) Scheduled Offenses; Collateral. For certain scheduled offenses committed within the jurisdiction of this court, collateral may be posted in the amount set by the court. Unless otherwise ordered, the schedule of collateral for assimilated state-law offenses shall be as set by the statutes or regulations of the state.

(b) Petty Offenses; Collateral. For a petty offense, a judicial officer may specify a collateral forfeiture amount different from that set out in this rule with the consent of an attorney or other representative of the government.

(c) Forfeiture Amount; Payment. The collateral forfeiture amount set by a judicial officer under this Subdivision shall not be less than the minimum nor greater than the maximum fine that may be imposed on conviction for violation of the applicable statute or regulation. Collateral may be posted by mail. Payment may be made by cash, check, money order, draft, or court-approved credit card.

(d) Forfeiture. If a defendant fails to appear before a judicial officer after posting collateral, the collateral shall be forfeited to the United States and that forfeiture shall be accepted in lieu of appearance and shall terminate the proceeding without entry of judgment.

(e) Increase in Amount of Collateral. If a defendant fails to post collateral or fails to appear before a judicial officer, a judicial officer may increase the amount of collateral. The increased amount of collateral shall not exceed the maximum fine that may be imposed on conviction.

(f) Forfeiture Not Permitted; Appearance Required. Notwithstanding Subdivision (d) above, forfeiture of collateral shall not be permitted, and the defendant shall appear before a judicial officer in person or by counsel for an offense involving

(1) personal injury or death;

(2) operation of a motor vehicle while under the influence of or impaired by alcohol or a controlled substance as defined under federal or state law;

(3) operation of a motor vehicle while a driver's license is suspended, cancelled, denied, or revoked;

(4) reckless driving;

(5) a state or federal statute or regulation that requires the appearance of the defendant;

(6) illegal use or possession of a firearm, destructive device, or dangerous weapon as defined under federal or state law; or

(7) an assault or a crime of violence as defined under federal or state law.

(g) Notice of Conviction. When a defendant is convicted of a motor-vehicle offense that requires a mandatory appearance, the clerk shall send notice of that conviction to the appropriate state agency.

(h) Collateral Forfeiture Framework. The United States Attorney shall submit a proposed collateral forfeiture schedule to the court on behalf of each federal agency that issues Violation Notices. The proposed collateral forfeiture schedules shall contain collateral forfeiture amounts within the ranges in the Collateral Forfeiture Framework. Once approved by the court, the Collateral Forfeiture Framework and schedules shall be on the court's website HERE. The Collateral Forfeiture Framework is not applicable to assimilated state-law offenses or offenses outlined in Subdivision (f).