Local Rule LCrR 58: MISDEMEANOR CASES BEFORE MAGISTRATE JUDGES
D.D.C. — Criminal rule
LCrR 58 MISDEMEANOR CASES BEFORE MAGISTRATE JUDGES
(a) JURISDICTION TO CONDUCT TRIALS OF MISDEMEANOR CASES.
A magistrate judge may conduct trials (with or without a jury), accept pleas, impose sentence, and otherwise exercise jurisdiction in cases of misdemeanor offenses in accordance with 18 U.S.C. § 3401 and Rule 58, Federal Rules of Criminal Procedure.
(b) RECORDING THE PROCEEDINGS.
The court must record any proceedings under this rule by using a court reporter or a suitable recording device.
(c) PRESENTENCE INVESTIGATION AT THE REQUEST OF A MAGISTRATE JUDGE.
When requested by a magistrate judge, the Probation Office shall conduct a presentence investigation and render a report on any person convicted or who pleads guilty or nolo contendere before the magistrate judge.
(d) PAYMENT OF FIXED SUM IN LIEU OF APPEARANCE.
(1) In accordance with Rule 58(d), Federal Rules of Criminal Procedure, the magistrate judge may in suitable misdemeanor cases accept payment of a fixed sum in lieu of appearance. In such cases, payment of the fixed sum shall terminate the proceeding. A schedule of fixed sums for misdemeanor cases subject to this Rule shall be approved by the Court on recommendation of the magistrate judges. The schedule may provide that the fixed sums will be increased depending on the stage of the proceedings at which the sum is paid, but the sum may not exceed the maximum fine allowed by law.
(2) If the defendant fails to pay a fixed sum, request a hearing, or appear in response to a citation or violation notice, the Clerk or a magistrate judge may issue a notice for the defendant to appear before the court on a date certain. The notice may give the defendant an additional opportunity to pay a fixed sum in lieu of appearance. The Clerk must serve the notice on the defendant by mailing a copy to the defendant's last known address.
(3) Upon an indictment, or upon a showing by one of the other charging documents specified in Federal Rules of Criminal Procedure 58(b)(1) of probable cause to believe that an offense has been committed and that the defendant has committed it, the court may issue an arrest warrant or, if no warrant is requested by an attorney for the government, a summons. The showing of probable cause must be made under oath or under penalty of perjury, but the affiant need not appear before the court. If the defendant fails to appear before the court in response to a summons, the court may summarily issue a warrant for the defendant's arrest.
(e) APPEAL Appeal from a magistrate judge's order or judgment under this Rule is governed by Federal Rule of Criminal Procedure 58(g).
COMMENT TO LCrR 58: The Rule has been renumbered as LCrR 58 to conform with the numbering of Federal Rule of Criminal Procedure 58. Changes and additions have been made to conform with Federal Rule of Criminal Procedure 58.