Local Rule LCrR 58.3: Authority for Forfeiture of Collateral in Certain Petty Offenses; Forfeiture of Collateral Cases - Procedures

LCrR 58.3 Authority for Forfeiture of Collateral in Certain Petty Offenses; Forfeiture of Collateral Cases - Procedures.

(a) In the case of a petty offense listed in the court's Standing Order Re: Forfeiture of Collateral Schedule, the violation notice shall be completed by the issuing officer so as to contain the collateral forfeiture amount established by the Forfeiture of Collateral Schedule, except that if a mandatory appearance is an option under the Forfeiture of Collateral Schedule the issuing officer may elect not to insert a collateral forfeiture amount upon the violation notice and to therefore require the appearance of the defendant in court. The Forfeiture of Collateral Schedule does not create or define any offense. Offenses are created and defined by federal statutes or regulations, or assimilated state statutes. A violation notice must refer by citation to the applicable statute(s) or regulation(s).

(b) The violation notice shall contain instructions for paying the collateral to the Central Violations Bureau. The defendant shall be given a mail-in envelope addressed to the Central Violations Bureau Lock Box by the issuing officer. The violation notice shall contain a check-off option for the defendant to state an election to forfeit collateral or to plead not guilty and to promise to appear in court. The notice shall instruct the defendant to mail the violation notice form stating the defendant's election to the Central Violations Bureau in no more than twenty-one (21) days.

(c) A collateral forfeiture amount shall not be inserted upon a violation notice for any offense not included in the Forfeiture of Collateral Schedule.

(d) When an "X" appears next to a listed violation in the Forfeiture of Collateral Schedule, the issuing officer may, in his or her discretion, elect not to insert a forfeiture of collateral amount upon the violation notice and therefore require the appearance of the defendant in court. A mandatory appearance may be chosen by the issuing officer when there is good cause for not permitting a collateral forfeiture.

(e) When the charged petty offense is not listed in the Forfeiture of Collateral Schedule, or when a mandatory appearance is chosen by the issuing officer for an "X" designated charged petty offense, forfeiture of collateral by the defendant will not be permitted. The appearance of the defendant in court, as provided under Rule 58 of the Federal Rules of Criminal Procedure, is required.

(f) For any petty offense in which the issuing officer does not insert a collateral amount as provided under these Rules and the Forfeiture of Collateral Schedule, the defendant shall be issued a violation notice containing the information required in these Rules, except that in the space provided for the amount of collateral there shall be inserted the letters "MA" (Mandatory Appearance). The violation notice shall contain a check-off box stating "You must appear in court." This box shall be checked by the issuing officer in the case of a mandatory appearance violation notice.

(g) Remittance of collateral by a defendant shall be deemed a forfeiture of collateral, unless otherwise ordered by the court. A forfeiture of collateral is taken by the court as an acknowledgment of no contest to the violation notice and as an acknowledgment of guilt. The defendant is deemed convicted of the offense for which collateral is forfeited.

(h) (1) In a case where the defendant does not forfeit collateral and does not appear in court on the date and at the time and place set forth on the violation notice, a Notice to Appear may be issued by the magistrate judge or an arrest warrant may be issued upon a showing of probable cause and of actual notice to the defendant to appear. The court may, upon issuing a Notice to Appear, afford the defendant an additional opportunity to forfeit collateral or may convert the violation notice to a mandatory appearance.

(2) If the defendant does not appear as directed by a Notice to Appear, the magistrate judge may issue an arrest warrant upon a showing of probable cause. The amount of collateral may be increased up to the amount of the maximum fine provided for by law, or collateral forfeiture may be eliminated as an option.