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LCrR 58.1 Forfeiture of Collateral in Lieu of Appearance in Accordance with Fed. R. Crim. P. 58(d)(1)

(a) A person who is charged with a violation of a federal wildlife act, parking regulations governing federal buildings, national forest offenses, conduct on Postal Service property, motor vehicle violations on Postal Service property, violations of law on military property, or any other petty offense as defined in 18 U.S.C. ยง 19, may, in lieu of appearance, post collateral in the amount indicated for the offense, waive appearance before a Magistrate Judge, and consent to the forfeiture of collateral. The offenses for which collateral may be posted and forfeited are set forth in an administrative order from the Court which may be obtained from the Clerk's Office. Those offenses marked with an asterisk and for which no amount of collateral is shown require a mandatory appearance before a Magistrate Judge.

(b) If a person charged with an offense under (a) fails to post and forfeit collateral, any punishment, including fine, imprisonment or probation, may be imposed within the limits established by law upon conviction or after trial.

(c) If, within the discretion of the law enforcement officer the offense is of an aggravated nature, the law enforcement officer may require appearance, and any punishment, including fine, imprisonment or probation, may be imposed within the limits established by law upon conviction or after trial.

(d) Nothing in this LCrR 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, and requiring the person charged to appear before a Magistrate Judge or, upon arrest, taking the person immediately before a Magistrate Judge.

July 01, 1992


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