Forfeiture of Collateral

U.S. District Court for the District of Maryland

Rule Set: Local Rules of the United States District Court for the District of Maryland

Rule: 304

Jurisdiction: DMD

Bluebook Citation: D. Md. L.R. 304

General Provisions 1. appearance for any petty offense so long as any collateral which may have been previously authorized and set pursuant to this Rule has not been received prior to the magistrate judge’s issuance of a notice of mandatory appearance. e) At no time may collateral be set in an amount greater than the maximum fine authorized for the offense charged, nor may collateral be less than any mandatory minimum fine which may be required as a penalty for the offense charged. Should any collateral erroneously be set higher than the authorized maximum fine then the collateral shall automatically be reduced to said authorized maximum fine. Should any collateral erroneously be set in an amount less than a required mandatory minimum fine, the amount of collateral shall automatically be increased to said mandatory minimum. f) A collateral offense shall be processed by giving an alleged offender a violation notice or citation with mail-in envelope (comparable to DD Form 1805 in use on military installations or in such other form as may otherwise be approved by the Court), the notice or citation setting forth the offense; the date and location thereof; name of the issuing officer; the full name, address, date of birth, and any other identifying data, which may include social security number, concerning the offender, and the amount of collateral which can be forfeited. It shall further contain instructions to pay the collateral to the Clerk of the Court, or if the offender wishes to contest the charge, to indicate the option to appear before a United States Magistrate Judge for trial or other appropriate proceedings, in either event by mailing the form to the Clerk of the Court within seven (7) days of receipt of the violation notice or citation.

The violation notice or citation shall also set forth the date and time upon which the matter will be heard before a United States Magistrate Judge or otherwise indicate that the defendant will be notified when to appear in the future. g) The Clerk shall establish a Central Violations Bureau for the processing of violation notices, citations, and collateral. The address of the Central Violations Bureau shall be U.S. Courts – CVB, P.O. Box 780549, San Antonio, TX 78278-0549, or such other address as may be subsequently approved by the Court. All violation notices and citations issued to alleged offenders shall show the appropriate address for the receipt of collateral or notice that a defendant desires a hearing before a United States Magistrate Judge. h) For any petty offense in which collateral is not set, the defendant shall be issued a violation notice or citation containing the information required in paragraphs (f) and (g) above, except that in the space provided for the amount of collateral there shall be inserted the letters “M.A.” which letters shall indicate mandatory appearance required, directing the defendant to appear before a United States Magistrate Judge at a specified date and time or otherwise indicating that the defendant will be notified when to appear in the future. However, if the arresting officer has reason to believe that the person charged with an offense may not appear as required, the officer may take the alleged offender before a United States Magistrate Judge or other judicial officer as set forth in 18 U.S.C. § 3041 without U.S. District Court of Maryland Local Rules (December 1, 2025) 52

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