(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.
IV. LOCAL RULES OF PRISONER LITIGATION PROCEDURE
All litigation brought in the Northern District of West Virginia by, or on behalf of,
incarcerated individuals shall be governed by the Rules and Procedures set forth herein.
Part 1 - General Provisions
