RULE 58.2 PETTY OFFENSES AND OTHER MISDEMEANORS
(a) Scope. This Rule shall apply to petty offenses, whether originating under
the applicable federal statutes or regulations, or applicable state statute by virtue of the
Assimilated Crimes Act (18 U.S.C. § 13), occurring within the territorial jurisdiction of the
United States District Court for the District of Wyoming, including areas within the exterior
boundaries of United States military installations, bases, institutions, Indian Country,
government reservations located on lands under the exclusive or concurrent jurisdiction
of the United States.
(b) Petty Offense Violation Notices. 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.
(c) Collateral Forfeiture Violation Notices.
(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 to the
Central Violations Bureau (“CVB”) in lieu of appearing in Court.
(2) Collateral Forfeiture Schedule. 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 either appear on the Court’s Collateral
Forfeiture Schedule or a collateral fine amount must be authorized by the
court. 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.
(3) There is no right to Payment of a Collateral Forfeiture. An offense
appearing on the Court’s Collateral Forfeiture Schedule does not guarantee
an individual receiving a citation that the citation will permit collateral
forfeiture to resolve the violation notice. The list of offenses for which
collateral may be paid or for which the offender must appear before a
magistrate judge is not intended to be exhaustive. A magistrate judge may
use his or her own discretion whether to allow forfeiture of collateral or
require an appearance for offenses which are not listed. Law Enforcement
Officers retain the discretion to make arrests, issue mandatory appearance
violation notices, and issue warnings for all offenses.
(4) Payment of a Reduced Collateral Forfeiture Amount. With the
approval of the court and agreement of the Government, a person charged
