(a) Schedule of Petty Offenses.
The Appendix to the Local Criminal Rules contains a Schedule of Petty Offenses.
The Schedule, which may be modified by the Chief Judge, lists petty offenses, as
defined in 18 U.S.C. § 19, that occur within the territorial jurisdiction of the United
States, whether originating under federal statute or regulation or under applicable
state statute by virtue of the Assimilated Crimes Act, 18 U.S.C. § 13.
(b) Forfeiture of Collateral in Lieu of Appearance.
A defendant charged with a petty offense listed in the Schedule may post the
collateral for that offense, in lieu of appearing before a magistrate judge to answer
the charge, unless the offense is noted as Amandatory appearance@ or the arresting
or citing officer deems the offense to be Aaggravated.@ Posting the collateral
signifies that the defendant does not contest the charge or request a hearing before
the designated magistrate judge. The posted collateral shall be administratively
forfeited.
(c) Failure to Post Collateral.
If a defendant does not post the collateral and fails to appear before the designated
magistrate judge for trial on the cited petty offense(s), the collateral amount listed
for the offense on the Schedule shall be forfeited to the United States. Forfeiture of
the collateral shall be tantamount to a finding of guilty. Failure by a defendant to
appear to answer an offense for which appearance is mandatory, or an offense that
is aggravated, may result in an arrest warrant being issued for the defendant.
(d) Certification of Convictions of Traffic Violations.
Either the clerk or the designated magistrate judge shall certify to the proper
authority the record of any conviction of a traffic violation, as required by the
applicable state statutes.
(e) Arrest.
Nothing contained in this Local Rule shall prohibit a law enforcement officer from
arresting an offender for committing any offense, including petty offenses for
which collateral may be posted and forfeited, and upon arrest, taking the person
charged without unnecessary delay before the nearest magistrate judge.
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