Local Rule Rule 304: Forfeiture of Collateral

RULE 304. FORFEITURE OF COLLATERAL

1. General Provisions

a) The provisions of this Rule do not create or otherwise define an offense. This Rule applies to petty offenses which have otherwise been created and/or defined by federal statutes, regulations, or applicable state statutes lawfully assimilated by virtue of the Assimilative Crimes Act (18 U.S.C. § 13) which petty offenses are committed within the jurisdiction of the United States District Court for the District of Maryland.

b) When an asterisk (*) is inserted next to a listed violation, no forfeiture of collateral will be permitted. Forfeiture of collateral will not be permitted unless same is specifically authorized by the collateral schedule hereinafter provided, except as authorized by paragraph (d) below. For any offense not specifically listed, a mandatory appearance will be required except as may be authorized by paragraph (d) below.

c) In the event any non-mandatory offense is one (1) of a number of multiple offenses, and any one (1) of such multiple offenses is a mandatory appearance offense, the arresting officer or officer issuing a violation notice shall treat all offenses which otherwise would have been non-mandatory as a mandatory appearance offense. In the event any non-mandatory offense is deemed by the arresting officer or officer issuing a violation notice to be of an aggravated nature, the officer may treat the offense as a mandatory appearance offense. The arresting officer or officer issuing a violation notice may, within his discretion, always treat any offense as a mandatory appearance offense notwithstanding the fact that forfeiture of collateral may otherwise be permitted pursuant to this Rule.

d) Notwithstanding any other provision contained in this Rule, at the request or recommendation of, or with the consent of the prosecuting authority, the United States Magistrate Judge may set or authorize the setting of collateral for any petty offense. Notwithstanding any other provision contained in this Rule, at the request or recommendation of, or with the consent of the prosecuting authority, the United States Magistrate Judge may increase or decrease any collateral which may otherwise be authorized or set pursuant to this Rule. The United States Magistrate Judge may require a mandatory appearance for any petty offense so long as any collateral which may have been previously authorized and set pursuant to this Rule has not been received prior to the magistrate judge's issuance of a notice of mandatory appearance.

e) At no time may collateral be set in an amount greater than the maximum fine authorized for the offense charged, nor may collateral be less than any mandatory minimum fine which may be required as a penalty for the offense charged. Should any collateral erroneously be set higher than the authorized maximum fine then the collateral shall automatically be reduced to said authorized maximum fine. Should any collateral erroneously be set in an amount less than a required mandatory minimum fine, the amount of collateral shall automatically be increased to said mandatory minimum.

f) A collateral offense shall be processed by giving an alleged offender a violation notice or citation with mail-in envelope (comparable to DD Form 1805 in use on military installations or in such other form as may otherwise be approved by the Court), the notice or citation setting forth the offense; the date and location thereof; name of the issuing officer; the full name, address, date of birth, and any other identifying data, which may include social security number, concerning the offender, and the amount of collateral which can be forfeited. It shall further contain instructions to pay the collateral to the Clerk of the Court, or if the offender wishes to contest the charge, to indicate the option to appear before a United States Magistrate Judge for trial or other appropriate proceedings, in either event by mailing the form to the Clerk of the Court within seven (7) days of receipt of the violation notice or citation. The violation notice or citation shall also set forth the date and time upon which the matter will be heard before a United States Magistrate Judge or otherwise indicate that the defendant will be notified when to appear in the future.

g) The Clerk shall establish a Central Violations Bureau for the processing of violation notices, citations, and collateral. The address of the Central Violations Bureau shall be U.S. Courts – CVB, P.O. Box 780549, San Antonio, TX 78278-0549, or such other address as may be subsequently approved by the Court. All violation notices and citations issued to alleged offenders shall show the appropriate address for the receipt of collateral or notice that a defendant desires a hearing before a United States Magistrate Judge.

h) For any petty offense in which collateral is not set, the defendant shall be issued a violation notice or citation containing the information required in paragraphs (f) and (g) above, except that in the space provided for the amount of collateral there shall be inserted the letters "M.A." which letters shall indicate mandatory appearance required, directing the defendant to appear before a United States Magistrate Judge at a specified date and time or otherwise indicating that the defendant will be notified when to appear in the future. However, if the arresting officer has reason to believe that the person charged with an offense may not appear as required, the officer may take the alleged offender before a United States Magistrate Judge or other judicial officer as set forth in 18 U.S.C. § 3041 without unnecessary delay for the purpose of setting appropriate conditions of release in accordance with the provisions of 18 U.S.C. § 3146.

i) Except in exceptional circumstances, a violation notice or citation shall charge only one (1) offense. If an alleged offender is deemed to have committed more than one (1) offense, each offense shall be charged on a separate violation notice or citation. Nothing contained in this Rule shall be deemed to prohibit the prosecution of a petty offense by means of a criminal complaint, criminal information, or indictment.

j) The payment of collateral for any offense in which collateral is set as authorized by this Rule, shall cause said collateral to be forfeited to the United States and payment and forfeiture of said collateral shall signify that the defendant does not contest the charge nor requires a hearing before a United States Magistrate Judge. If collateral is paid and forfeited, such action shall be tantamount to a finding of guilty, and the defendant shall be deemed convicted of any offense for which collateral is paid and forfeited. Upon conviction, the Clerk or United States Magistrate Judge shall certify the record of any conviction of a traffic violation, but not to include parking offenses, to the appropriate state Motor Vehicle Administration.

k) Whenever a check is returned to the Clerk as uncollectible for any reason within the control of the payor, the offense for which the collateral was posted shall be referred promptly to the appropriate United States Magistrate Judge for the scheduling of a mandatory appearance or such other action as may be deemed appropriate by the United States Magistrate Judge.

l) When any alleged offender fails to pay any collateral set pursuant to this Rule and fails to appear in response to a Notice to Appear or Summons, the United States Magistrate Judge may consider and treat the offense as a mandatory appearance offense, and thereafter refuse any tender of the payment of collateral and set the case for hearing, or in the magistrate judge's discretion, increase the amount of collateral. A United States Magistrate Judge may also issue a warrant for the arrest of the alleged offender as authorized by Fed. R. Crim. P. 58(d)(3) and/or set the case for hearing.

m) For offenses designated as "Hunting and Fishing," "Wildlife," or "Migratory Bird Treaty Act," in the case of an aggravated offense, multiple offenses, an offense involving a defendant who has previously been convicted of an offense in the above categories, or for any other reason deemed appropriate by the Office of the United States Attorney for the District of Maryland or any other attorney acting under the authority of the United States Attorney to represent the Government in proceedings before United States Magistrate Judges, the arresting officer or officer issuing a violation notice shall have the discretion to set collateral within the minimum and maximum limits hereinafter specified, subject to prior authorization from the Office of the United States Attorney for the District of Maryland or any other attorney acting under the authority of the United States Attorney for the District of Maryland. Otherwise, the collateral shall be the minimum amount provided for in the collateral schedule.

n) In the event the payment is received by the Clerk before the Violation Notice is forwarded to a magistrate judge for collection, the Clerk shall retain and process it. Should it be necessary for the Court or United States Magistrate Judge to issue an arrest warrant as a result of any alleged violator's failure to appear, the amount of collateral shall automatically triple from the amount originally set on the violation notice or citation. For good cause shown, the Court and/or United State Magistrate Judge may reduce the collateral. Nothing contained herein shall prevent the United States Magistrate Judge from requiring a mandatory appearance.

o) In any mandatory appearance case or in the event that any authorized collateral is not forfeited, should any alleged violator fail to appear in response to a Notice to Appear or Summons, the United States Magistrate Judge, Clerk of the Court, Central Violations Bureau and/or the United States Marshal may, in coordination with the Maryland Department of Transportation Motor Vehicle Administration, utilize the Motor Vehicle Administration violation and flagging procedures so as to prohibit an alleged violator who fails to appear in connection with any parking or traffic offense from obtaining a current motor vehicle registration from the State of Maryland until such time as any outstanding offenses are disposed of according to law. The Clerk or United States Magistrate Judge shall not authorize the release of any flag upon the vehicle registration of an alleged violator until such time as all collateral is paid by cash, certified check, or money order, and forfeited, except that in the event a trial is requested, no hearing or trial shall be held until such time as the total collateral is deposited with the Clerk or United States Magistrate Judge. Upon the deposit of said collateral, any flag upon the vehicle registration of the alleged violator shall be released. For good cause shown, in the interest of justice or in otherwise exceptional circumstances, the United States Magistrate Judge may reduce the amount of collateral to be paid and forfeited or deposited under this paragraph and authorize the release of any flag upon the vehicle registration of the alleged violator upon the payment or deposit of such reduced amount, unless it is determined by the United States Magistrate that no payment or deposit shall be required.

p) The provisions of this Rule shall apply to petty offenses alleged to have been committed by a juvenile prior to the filing of the Attorney General's certification referred to in 18 U.S.C. § 5032 and 18 U.S.C. § 3401(g). After the filing of such certification, the provisions of this Rule shall apply only in the event that the juvenile, with the advice of counsel, files a written request to be prosecuted as an adult.

q) Nothing contained in this Rule shall prevent the issuance of a Warrant of Arrest in accordance with Fed. R. Crim. P. 58(d)(3) or any other lawful authority.

2. Schedule of Monetary Collateral and Mandatory Appearance Offenses

The Court shall approve a schedule of monetary collateral and mandatory appearance offenses which shall be filed with the Clerk as a public document. The Court may amend the schedule from time to time.