Forfeiture of collateral in lieu of an appearance by a person charged with a petty or misdemeanor
offense must comply with the following procedures:
(a) By Consent. A person charged with an offense listed in the Collateral Forfeiture Schedule
available from the court’s website: http://www.vtd.uscourts.gov (and available from
any clerk’s office) may, in lieu of appearance, post collateral in the amount indicated for the
offense, waive appearance before a U.S. Magistrate Judge and consent to the forfeiture of
collateral in lieu of payment of a criminal fine.
(b) Punishment. Should a person charged with an offense as specified by the Collateral
Forfeiture Schedule fail to post and forfeit collateral, the court may impose any punishment within
the limits established by law upon conviction after trial, including fine, imprisonment or
probation.
(c) Appearance May Be Required. If, within the discretion of the law enforcement officer, the
offense is of an aggravated nature, the law enforcement officer may require a mandatory
appearance before a United States Magistrate Judge of the person charged with the offense.
Additionally, some offenses as shown on the Collateral Forfeiture Schedule require a mandatory
appearance before a United States Magistrate Judge, and as such, may not be adjudicated solely
through the posting and forfeiture of collateral.
(d) Possible Arrest. Nothing in this rule or the Collateral Forfeiture Schedule shall prohibit a
law enforcement officer from arresting a person for committing an 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, taking the person immediately before a United
States Magistrate Judge.
