Local Rule L. Cr. R. 58-1: Forfeiture of Collateral in Lieu of Appearance

N.D. Ind. L. Cr. R. 58-1 Forfeiture of Collateral in Lieu of Appearance

(a) When Permitted. A person charged with a criminal offense under 18 U.S.C. § 13, may, in lieu of an appearance, post collateral with a magistrate judge and consent to forfeit that collateral. But the offense must be one for which:

(1) the penalty under state law is equal to, or less than, that of a misdemeanor; and

(2) an appearance is not mandatory.

(b) Schedule of Offenses. These offenses, and the collateral amounts to be posted (if applicable), must appear on a schedule available for public inspection in each of the clerk's divisional offices. The schedule will be effective until rescinded or superseded by court order. The clerk must furnish copies of the schedule to the legal publishing houses that publish and distribute, for commercial purposes, the court's rules. The schedule should be included in any subsequent publication containing these rules.

(c) Failure to Appear. The collateral will be forfeited if the person charged with an offense covered by this rule fails to appear before the magistrate judge. The forfeiture:

(1) signifies that the offender neither:

(A) contests the charge; nor

(B) requests a hearing before the magistrate judge; and

(2) constitutes a finding of guilt.

(d) When Forfeitures Are Not Permitted. Forfeitures are not permitted for violations involving an accident that results in personal injury. Arresting officers must treat multiple and aggravated offenses as mandatory-appearance offenses, and must direct the accused to appear for a hearing.

(e) Discretion of Officers to Arrest. Nothing in this rule prohibits a law-enforcement officer from:

(1) arresting a person for committing an offense (including those for which collateral may be posted and forfeited); and

(2) either:

(A) requiring the accused to appear before a magistrate judge, or

(B) taking that person before a magistrate judge immediately after arrest.