Local Rule LR 58.1: FIXED-SUM PAYMENT FOR PETTY OFFENSES AND OTHER MISDEMEANORS
D. Minn. — Criminal rule
LR 58.1 FIXED-SUM PAYMENT FOR PETTY OFFENSES AND OTHER MISDEMEANORS
(a) Authorization. For a petty offense or misdemeanor listed in the court's fixed-sum payment schedule, the court may accept a fixed-sum payment in lieu of the defendant's appearance and end the case.
(b) Fixed-Sum Payment Schedule. The full-time magistrate judges must maintain a schedule of petty offenses and other misdemeanors for which a fixed-sum payment may be accepted in lieu of the defendant's appearance. The fixed-sum payment schedule must specify the amount of payment required for each identified offense and the effective date of the schedule. The fixed-sum payment schedule must be filed in the clerk's offices and made available on the court's website. The magistrate judges may amend the fixed-sum payment schedule periodically.
(c) Payment.
(1) How Made. To pay a fixed sum, a defendant must submit payment to the Central Violations Bureau on or before the date the defendant is scheduled to appear in court.
(2) Effect. A defendant who pays a fixed sum in lieu of appearing for a petty offense or other misdemeanor waives the right to contest the charged violation.
(d) Failure to Appear. If a defendant does not pay a fixed sum and does not appear in court for a charged petty offense or other misdemeanor, the magistrate judge may:
(1) impose any punishment — including fine, imprisonment or probation — that would be permitted upon conviction;
(2) direct that a new summons be issued that orders the defendant to appear on a new date; or
(3) order that a warrant be issued for the defendant's arrest.
(e) Arrest and Mandatory Appearance. Local Rule 58.1 does not prohibit a law-enforcement officer from:
(1) requiring a defendant to appear in court based on the aggravated nature of the offense;
(2) arresting a defendant for committing an offense; or
(3) taking an arrested defendant, promptly after the arrest, before a magistrate judge.
[Adopted effective February 9, 2006; amended May 14, 2013]