Local Rule LOCAL CRIMINAL RULE 58: PROCEDURE FOR MISDEMEANORS AND OTHER PETTY OFFENSES
M.D. La. — Criminal rule
LOCAL CRIMINAL RULE 58 - PROCEDURE FOR MISDEMEANORS AND OTHER PETTY OFFENSES
(a) Petty Offenses and Misdemeanors.
(1) As authorized by subsection (d) of Fed. R. Crim. P. 58, the offenses named in the Schedule of Offenses designated by the Court may be disposed of by payment of the fixed sum provided in the schedule in lieu of a personal appearance before a Magistrate Judge. The proceeding shall be terminated on receipt of payment by the Central Violations Bureau.
(2) In all other offense proceedings, unless otherwise authorized in a specific case by the Magistrate Judge to whom the case has been assigned, or pursuant to Fed. R. Crim. P. 43(c), the defendant must personally appear before the Magistrate Judge for disposition of the charges or for other proceedings directed by law.
(3) The Magistrate Judge may direct the Probation Office of the Court to conduct a presentence investigation and report in accordance with 18 U.S.C. § 3401(c).
(4) Each Magistrate Judge is specifically designated to conduct trial and sentencing in misdemeanor cases as defined in 18 U.S.C. § 3401.
(b) Central Violations Bureau. The Clerk of Court shall maintain a Central Violations Bureau. The Bureau shall keep a record of violation notices transmitted by enforcement agencies, a record of all payments made pursuant to Local Criminal Rule 58(a) and shall give appearance notices to those violators whose offenses are not disposed of under a Schedule of Offenses as provided in Local Criminal Rule 58(a). The Bureau shall transmit to the Magistrate Judges notices for personal appearance and shall maintain other records needed to effect the prompt disposition of petty offenses.