Local Rule LR Cr P 58.01: Forfeiture of Collateral

LR Cr P 58.01. Forfeiture of Collateral.

(a) Posting Collateral: Pursuant to Fed. R. Crim. P. 58(d)(1), a person charged with certain petty offenses, as defined in 18 U.S.C. § 19 and described in a schedule of collateral offenses that will be published and announced by court order, may, in lieu of an appearance, post collateral in the amount indicated for the offense, waive appearance before a United States Magistrate Judge and consent to forfeiture of collateral. The schedule of collateral offenses will also describe certain petty offenses that require a mandatory appearance before a United States Magistrate Judge. The current schedule of collateral offenses will be reflected by the latest order appearing on the court docket. The Clerk of Court will distribute copies of the order to all offices, agencies and individuals involved in the forfeiture of collateral program and shall make copies available upon request.

(b) Petty Offense: The provisions of this Rule do not create or otherwise define an offense. This Rule applies to petty offenses that have otherwise been created or defined by federal statutes, regulations or applicable state statutes lawfully assimilated by virtue of 18 U.S.C. § 13, which are committed within the jurisdiction of the United States District Court for the Northern District of West Virginia.

(c) Arrest: Nothing contained in this Rule shall prohibit a law enforcement officer from arresting a person for committing any offense, including those for which collateral may be posted and forfeited, and requiring the person charged to appear before a United States Magistrate Judge or, upon arrest, immediately taking the person charged before a United States Magistrate Judge.

(d) Failure to Post Collateral: If a person charged with a petty offense not requiring a mandatory appearance fails to post and forfeit collateral, the Court shall issue a notice directing the defendant to appear before a United States Magistrate Judge and shall impose any penalty within the limits established by law upon conviction, including fine, imprisonment or probation.

(e) Collateral Posted: If collateral is posted for any offense in which forfeiture of collateral is authorized by this Rule, the collateral shall be forfeited to the United States and shall signify that the defendant neither contests the charge nor requests a hearing. Such action shall be tantamount to a finding of guilty and the defendant shall be deemed convicted of any offense for which collateral is paid and forfeited.

(f) Violation Notices: The Clerk of Court shall establish a procedure for the processing of violation notices, citations and collateral. The procedure may include use of automated facilities located in other United States District Courts.

(g) Certification of Record of Traffic Violations: Either the Clerk of Court or United States Magistrate Judge shall certify the record of any traffic violation conviction, as required by applicable state law, to the proper state authority.

(h) Non-Collateral Forfeiture Cases: No collateral forfeiture will be permitted for the following violations:

(1) Offenses denominated in the schedule of collateral offenses for which appearance is mandatory;

(2) Offenses resulting in an accident with personal injury or property damage in excess of $500.00; or

(3) Subsequent offenses not arising from the same facts or sequence of events that resulted in the original charges.