Local Rule Rule 58.1 (Criminal): FORFEITURE OF COLLATERAL IN LIEU OF APPEARANCE IN PETTY OFFENSE MATTERS

Rule 58.1 FORFEITURE OF COLLATERAL IN LIEU OF APPEARANCE IN PETTY OFFENSE MATTERS

(a) Pursuant to Federal Rule of Criminal Procedure 58(d)(1), this Local Criminal Rule 58.1 incorporates the rules of this Court relative to forfeiture of collateral in lieu of appearance in petty offense matters.

(b) For petty offenses originating under the applicable federal statute or regulations or applicable state statute by virtue of the Assimilative Crimes Act, 18 U.S.C. § 13, occurring within the boundaries of United States military installations, federal buildings and grounds, national forests, and property under the charge and control of the Veterans Administration or the U.S. Postal Service, the person so charged shall post collateral and may, in lieu of appearance, waive appearance before a United States Magistrate Judge, and consent to the forfeiture of collateral. If collateral is forfeited, such action shall be tantamount to a finding of guilt.

(c) If a person charged with a petty offense under subparagraph (a) fails to post and forfeit collateral and is subsequently convicted, any punishment, including fine, imprisonment, or probation may be imposed within the limits established by the applicable law.

(d) If, within the discretion of the law enforcement officer, the offense is of an aggravated nature, the law enforcement officer may require a mandatory appearance before a United States Magistrate Jude of the person charged with the offense. Additionally, some petty offenses require a mandatory appearance before a United States Magistrate Judge, and as such, may not be adjudicated solely through the posting and forfeiture of collateral.

(e) Nothing in this Local Criminal Rule 58.1 shall prohibit a law enforcement officer from arresting a person for committing an offense, including those for which collateral may be posted and forfeited, and requiring the person charged to appear before a United States Magistrate Judge or, upon arrest, taking the person before a United States Magistrate Judge during a regularly scheduled business day or if at a time when the Court is closed, on the next business day thereafter.