Local Rule Criminal L. R. 58: Misdemeanors and Other Offenses

Criminal L. R. 58. Misdemeanors and Other Offenses.

(a) Generally.

(1) In proceedings upon which no indictment is necessary (see Fed. R. Crim. P. 7(a)), deadlines in these local rules that commence with arraignment on an indictment instead commence with the entry of a not guilty plea on the trial document. (See Fed. R. Crim. P. 58(b)(1).)

(2) Except as provided in Criminal L. R. 58(a)(3), the defendant in an action on an infraction, as defined in 18 U.S.C. § 19, and listed specifically in a schedule published by order of the Court pursuant to this rule, may pay the collateral fixed on the citation or complaint, if any, in lieu of appearance and by doing so authorizes the termination of proceedings and a default judgment in the amount of the sum fixed, pursuant to Fed. R. Crim. P. 58(d). The voluntary forfeiture of collateral under this rule must be treated as a finding of guilt on the infraction charged in the citation or complaint. Government counsel and the Clerk of Court then may execute such judgment without further notice to the defendant. If a person charged with an infraction under this rule fails to post and forfeit collateral, any punishment authorized by law may be imposed upon a finding of guilt.

(3) This rule does not preclude the arrest or the detention of any person accused of an infraction, as defined by 18 U.S.C. § 19, or requiring the person accused to appear in person before a judge, to the extent allowed by law.

(b) Trial of Misdemeanors and Other Petty Offense Cases.

(1) All misdemeanor cases are randomly assigned to the magistrate judges in this District, who are authorized to conduct any or all proceedings in such matters. All petty offense cases on the District's docket for a particular month are assigned to the magistrate judge of this District who is the duty magistrate judge for that month. If proceedings in a petty offense case continue past that duty month, further proceedings on the case are presided over by the duty magistrate judge for the month in which the proceedings continue, unless otherwise ordered by the magistrate judge who originally presided over the matter.

(2) In all such cases in which the consent of the defendant is required, the magistrate judge must explain to defendant that the person has a right to trial, judgment, and sentencing by a district judge, and that the person may have a right to trial by jury before a district judge or magistrate judge. The magistrate judge must not try the case unless the defendant consents to be tried before the magistrate judge, specifically waiving a trial, judgment, and sentencing by a district judge. If the defendant elects to be tried before a district judge, the magistrate judge must return the case to the Clerk of Court's office, which must randomly reassign the case to a district judge.