a. Collateral Forfeitures. Except as otherwise set forth below, individuals cited for
a petty or misdemeanor offense must appear in Court at the place, date, and time for
which they are given notice.
1. Payment of a Collateral Forfeiture in Lieu of Appearance. An individual
cited for a petty or misdemeanor offense may be permitted to pay a collateral
forfeiture amount or a reduced collateral forfeiture amount (as described below)
to the Central Violations Bureau (“CVB”) in lieu of appearing in Court. For an
individual to be permitted to pay a collateral forfeiture amount to avoid
appearing in Court, the offense for which the individual is cited must appear on
the Court’s Collateral Forfeiture Schedule. The Collateral Forfeiture Schedule
may also set forth certain offenses for which payment of a collateral forfeiture
in lieu of appearing in Court is not authorized and for which a defendant’s
appearance in Court is mandatory.
2. Periodic Updates of the Collateral Forfeiture Schedule. The Court shall
periodically update its Collateral Forfeiture Schedule, which will be approved
and adopted by order of the Chief District Judge.
3. Payment of a Reduced Collateral Forfeiture Amount. With the agreement
and approval of the United States Attorney’s Office (“USAO”), or its
designated prosecutor, either before or after arraignment, a person charged with
a petty offense or misdemeanor crime may pay to the CVB a collateral
forfeiture amount that is less than the collateral forfeiture amount set forth for
the petty offense of the Court’s Collateral Forfeiture Schedule.
4. Effect of Payment of a Collateral Forfeiture Amount or Reduced Collateral
Forfeiture Amount. Payment of a collateral forfeiture amount or reduced
collateral forfeiture amount is a resolution of the case without an admission of
liability or an adjudication of guilt by the Court. Payment of the collateral
forfeiture amount or reduced collateral forfeiture amount is not a fine. Traffic
violations for which a defendant pays a collateral forfeiture amount or reduced
collateral forfeiture amount shall not be reported to a State or tribal government.
5. Effect of Non-Payment of a Collateral Forfeiture or Reduced Collateral
Forfeiture. If a collateral forfeiture payment or reduced collateral forfeiture
payment is not paid in full within the agreed period, the citation may be
reissued. If a citation is reissued, the Court may give credit for any payment
already rendered.
b. Other Pre-Trial Dispositions of Petty Offenses or Misdemeanor Citations. In
lieu of payment of a collateral forfeiture amount or a reduced collateral forfeiture
amount, an individual cited for a petty or misdemeanor offense may also negotiate
with the USAO for a resolution of the citation in lieu of, or in addition to, making
any collateral forfeiture payment. Such a pre-trial resolution may include serving a
Case 1:25-mc-00004 Document 35-1 Filed 11/14/25 Page 21 of 25
term of community service. Pre-trial resolutions approved by the Court may be
adjudications.
c. Resolution at Trial. A person cited for a petty offense or misdemeanor crime has
a right to persist in a plea of “not guilty” and assert applicable rights at trial. At
trial, the maximum penalty is set by the statute or regulation without regard to the
Court’s Collateral Forfeiture Schedule. A conviction at trial is an adjudication of
guilt. Convictions for traffic violations at trial may be reported to a State or tribal
government. After trial, the CVB will close the case with the appropriate
disposition code.
d. Failure to Appear. A bench warrant may be issued for a person cited for petty or
misdemeanor offenses who fails to appear in Court as required, if the person’s
absence is not excused by the Court. Bench warrants remain open until ordered
closed by the Court. In lieu of a bench warrant for failure to appear on any alleged
violation, the Court may report the failure to appear to the State of New Mexico
Motor Vehicle Department, or other applicable state department of motor vehicles,
with an abstract to prevent car re-registration and/or driver’s license renewal
without first adjudicating the federal citation(s).
