MATTERS
(a) This rule incorporates the rules of Court relative to forfeiture of collateral in lieu of
appearance in petty offense matters, copies of which are available in the Clerk’s Office or
on the Court’s website, http://www.nywd.uscourts.gov.
(b) For petty offenses originating under the applicable federal statute or regulations or
applicable state statute by virtue of the Assimilative Crimes Act (18 U.S.C. § 13) occurring
within the territorial jurisdiction of a Magistrate Judge, including areas within the
boundaries of United States military installations, federal buildings and grounds, national
forests, and property under the charge and control of the Veterans Administration, the
person so charged shall post collateral and may, in lieu of appearance, waive appearance
before a Magistrate Judge, and consent to the forfeiture of collateral. If collateral is
forfeited, such action shall be tantamount to a finding of guilt.
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(c) A list of petty offenses is available in the Clerk’s Office or on the Court’s website,
http://www.nywd.uscourts.gov, appended to the rules of Court referred to in
subparagraph (a) of this Local Rule. Those offenses marked with an asterisk (*) and for
which no amount of collateral is shown require a mandatory appearance before a
Magistrate Judge.
(d) If a person charged with an offense under subparagraph (a) fails to post and forfeit
collateral and is subsequently convicted, any punishment, including fine, imprisonment,
or probation may be imposed within the limits established by the applicable law.
(e) Nothing contained in this Rule shall prohibit a law enforcement officer from arresting a
person for the commission of any offense, including those for which collateral may be
posted and forfeited, in which event the arrested person shall, without unnecessary delay,
be taken before the nearest available Magistrate Judge or, in the event that a Magistrate
Judge is not reasonably available, before a state or local judicial officer authorized by 18
U.S.C. § 3041, as provided under Fed. R. Crim. P. 5.
