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 Rule 58.2 27 March 2026 with a petty offense or misdemeanor crime may pay to the CVB a collateral forfeiture amount that is less than the collateral forfeiture amount set forth for the offense. This must occur prior to trial or the deadline set by the court. (5) Effect of Payment of a Collateral Forfeiture Amount or Reduced Collateral Forfeiture Amount. Payment of a collateral forfeiture amount or reduced collateral forfeiture amount is a resolution of the case without an admission of liability or an adjudication of guilt by the Court.

Payment of the collateral forfeiture amount or reduced collateral forfeiture amount is not a fine. Traffic violations for which a defendant pays a collateral forfeiture amount or reduced collateral forfeiture amount shall not be reported to a State or tribal government. (6) Periodic Updates of the Collateral Forfeiture Schedule. The Court shall periodically update its Collateral Forfeiture Schedule, which will be approved and adopted by order of the Chief District Judge and published and distributed by the CVB.

Each magistrate judge for this District retains the discretion to institute his or her own schedule of fines for his or her particular area of responsibility. Should any magistrate judge desire to put into effect a fine schedule, a copy of such schedule shall be immediately furnished to the Chief Judge for approval before such schedule may be put into effect. (d) Resolution at Trial. A person cited for a petty offense has a right to persist in a plea of “not guilty” and assert applicable rights at trial.

At trial, the maximum penalty is set by the statute or regulation without regard to the Court’s Collateral Forfeiture Schedule. A conviction at trial is an adjudication of guilt. Convictions for traffic violations at trial may be reported to a State or tribal government. After trial, the CVB will close the case with the appropriate disposition code.

(e) Failure to Appear. A bench warrant may be issued for a person cited for petty or misdemeanor offenses who fails to appear in Court as required or pay the collateral forfeiture amount, if the person’s absence is not excused by the Court. Bench warrants may be issued in an amount that is twice the collateral forfeiture amount, or an amount otherwise set by the Court, and shall remain open until ordered closed by the Court. In lieu of a bench warrant for failure to appear on any alleged violation, the Court may report the failure to appear to the applicable state department of motor vehicles.

The consequences of such a report vary from state to state and may include the inability to renew a driver’s license, re-register vehicles, and the suspension of driving privileges until the federal citation(s) have been adjudicated. Rule 58.2 28 March 2026