PAYMENT OF FIXED SUM IN LIEU OF APPEARANCE IN

U.S. District Court for the Middle District of North Carolina

Rule Set: Local Criminal Rules of the U.S. District Court for the Middle District of North Carolina

Rule: 58.1

Jurisdiction: MDNC

Bluebook Citation: M.D.N.C. L.Cr.R. 58.1

All Rules: M.D.N.C. Local Criminal Rules, complete index


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CERTAIN MISDEMEANOR CASES

Pursuant to Fed. R. Crim.P. 58(d) and in the interest of justice and good court administration, collateral may be posted in lieu of the appearance of an offender for certain misdemeanors under federal statutes and regulations or state statutes made applicable by the Assimilative Crimes Statute (18 U.S.C. § 13). There shall be maintained in the Office of the Clerk a list of the misdemeanors and fines applicable thereto for which forfeiture of collateral security may be posted. The posting of collateral signifies that the defendant does not contest the charge nor request a trial. Such collateral shall be administratively forfeited to the United States.

Forfeiture of collateral in lieu of personal appearance is not permitted for any listed offense denominated a “mandatory appearance” offense, for an aggravated or major offense, or for multiple offenses arising out of the same facts or sequence of events. The Clerk shall certify the record of any forfeiture of collateral for a traffic violation to the proper state authority. 10

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