Prompt disposition of criminal cases

50.1 Pursuant to statutory requirements, the judges of the United States District Court for the Western District of Michigan have adopted a plan to minimize undue delay and further the prompt disposition of cases. Copies of the plan are available on the court's website or in the clerk’s office. --> 50.1 Pursuant to statutory requirements, the judges of the United States District Court for the Western District of Michigan have adopted a plan to minimize undue delay and further the prompt disposition of cases. Copies of the plan are available on the court's website or in the clerk’s office. Local Criminal Rule 56.

District courts and clerks; issuance of process 56.1 Time and place of holding court - The court shall be deemed to be in continuous session for transacting judicial business throughout the year. Proceedings may be held at such times and places within the district as the judge to whom the case is assigned shall designate. 56.2 Clerk’s Office - The court maintains Southern Division offices in Grand Rapids, Kalamazoo and Lansing and a Northern Division office in Marquette. The Southern Division comprises the counties of Allegan, Antrim, Barry, Benzie, Berrien, Branch, Calhoun, Cass, Charlevoix, Clinton, Eaton, Emmet, Grand Traverse, Hillsdale, Ingham, Ionia, Kalamazoo, Kalkaska, Kent, Lake, Leelanau, Manistee, Mason, Mecosta, Missaukee, Montcalm, Muskegon, Newaygo, Oceana, Osceola, Ottawa, Saint Joseph, Van Buren, and Wexford.

The Northern Division comprises the counties of Alger, Baraga, Chippewa, Delta, Dickinson, Gogebic, Houghton, Iron, Keweenaw, Luce, Mackinac, Marquette, Menominee, Ontonagon, and Schoolcraft. 28 U.S.C. § 102(b). 56.3 Issuance of process - Any party requesting the issuance of any process or who initiates any proceeding in which the issuance of process is required by statute, rule or order, shall prepare all required forms. The party shall present the process to the clerk for signature and sealing when required.

The clerk shall make official forms of process available to attorneys admitted to practice in this court, or their agents or employees. 56.4 Assignment of cases to judges New criminal cases - Upon the filing of an initial indictment or information, the clerk must assign the case the next sequential number. The case must be assigned to a district judge by automated means at random, in the proportions established from time to time by administrative order. Exceptions Refilings - If a case is dismissed and later refiled, either in the same or similar form, upon refiling it shall be assigned or transferred to the judge to whom it was originally assigned.

Subsequent proceedings - Post-conviction proceedings in criminal cases (including motions under section 2255 and proceedings to modify or revoke probation or supervised release) shall be assigned to the judge who sentenced the defendant, if that judge is still hearing cases. Related cases Definition - Cases are deemed related when: (1) a superseding indictment or information has been filed; or (2) any other indictment or information is pending against the same defendant(s); or (3) an indictment or information charges contempt of court or other crime arising from alleged violation of an order entered in a previous case; or (4) an indictment is returned against a defendant who is then on probation or supervised release to a judge, provided the new case involves only the same defendant; or (5) two or more cases are based upon a substantial common nucleus of facts, events, or transactions. Determination - When it appears to the United States attorney that two or more cases may be related cases, the United States attorney shall file at the earliest practicable time a statement in all affected cases, describing the basis for concluding that the cases may be related. The duty magistrate judge shall promptly determine whether the cases are related.

If related, the cases will be assigned to the same judge. If cases are found to be related cases after assignment to different judges, they may be reassigned by the Chief Judge to the judge having the related case earliest filed. Miscellaneous docket - The miscellaneous docket of the court shall be conducted and assigned at random to a magistrate judge at the time of filing, and it shall include all grand jury matters. If a miscellaneous docket matter requires proceedings conducted before a district judge, the case will be randomly reassigned to a district judge.

If a miscellaneous matter is reassigned to a district judge because the matter is contested, a new civil action number will be assigned. Effect - This rule is intended to provide for an orderly division of the business of the court and not to grant any right to any litigant. Duty of parties - All parties shall notify the court in writing of all pending related cases and any dismissed or remanded prior cases. 56.5 Reassignment of cases Reassignment to promote judicial economy - The court may reassign cases from one judge to another (i) to equalize and balance workloads among judges; (ii) to assign cases to senior or visiting judges or remove cases from their dockets as necessary; (iii) to comply with the requirements of the Speedy Trial Act, or (iv) for other reasons of judicial economy.

Any case may be reassigned under this rule from one judge to another judge with the consent of both judges. Cases may also be reassigned by administrative order of the Chief Judge if approved by a majority of active district judges. Reassignment of cognate cases Definition – Cognate cases are pending criminal actions that have substantial questions of fact or law in common such that their assignment to a single judge is likely to effect a substantial saving of judicial effort and to avoid wasteful and duplicative proceedings for the court and the parties. Procedure for reassignment – When a district judge determines that reassignment of cognate cases would serve the interests of justice and judicial economy, the judge will contact all other district judges to whom cognate cases have been assigned.

If all those judges agree to reassignment, the Chief Judge will enter an administrative order reassigning such cognate cases to the district judge with the earliest numbered case. The administrative order may also provide for automatic assignment of future cognate cases to that district judge, and for an adjustment of future case assignments to that district judge to compensate for the increased workload. 56.6 Criminal matters in the Northern Division - With the permission of the district judge to whom a case is assigned, any available district judge may take a guilty plea, preside over trial, or sentence a defendant in Northern Division cases. --> 56.1 Time and place of holding court - The court shall be deemed to be in continuous session for transacting judicial business throughout the year. Proceedings may be held at such times and places within the district as the judge to whom the case is assigned shall designate.

56.2 Clerk’s Office - The court maintains Southern Division offices in Grand Rapids, Kalamazoo and Lansing and a Northern Division office in Marquette. The Southern Division comprises the counties of Allegan, Antrim, Barry, Benzie, Berrien, Branch, Calhoun, Cass, Charlevoix, Clinton, Eaton, Emmet, Grand Traverse, Hillsdale, Ingham, Ionia, Kalamazoo, Kalkaska, Kent, Lake, Leelanau, Manistee, Mason, Mecosta, Missaukee, Montcalm, Muskegon, Newaygo, Oceana, Osceola, Ottawa, Saint Joseph, Van Buren, and Wexford. The Northern Division comprises the counties of Alger, Baraga, Chippewa, Delta, Dickinson, Gogebic, Houghton, Iron, Keweenaw, Luce, Mackinac, Marquette, Menominee, Ontonagon, and Schoolcraft. 28 U.S.C. § 102(b).

56.3 Issuance of process - Any party requesting the issuance of any process or who initiates any proceeding in which the issuance of process is required by statute, rule or order, shall prepare all required forms. The party shall present the process to the clerk for signature and sealing when required. The clerk shall make official forms of process available to attorneys admitted to practice in this court, or their agents or employees. 56.4 Assignment of cases to judges New criminal cases - Upon the filing of an initial indictment or information, the clerk must assign the case the next sequential number.

The case must be assigned to a district judge by automated means at random, in the proportions established from time to time by administrative order. Exceptions Refilings - If a case is dismissed and later refiled, either in the same or similar form, upon refiling it shall be assigned or transferred to the judge to whom it was originally assigned. Subsequent proceedings - Post-conviction proceedings in criminal cases (including motions under section 2255 and proceedings to modify or revoke probation or supervised release) shall be assigned to the judge who sentenced the defendant, if that judge is still hearing cases. Related cases Definition - Cases are deemed related when: (1) a superseding indictment or information has been filed; or (2) any other indictment or information is pending against the same defendant(s); or (3) an indictment or information charges contempt of court or other crime arising from alleged violation of an order entered in a previous case; or (4) an indictment is returned against a defendant who is then on probation or supervised release to a judge, provided the new case involves only the same defendant; or (5) two or more cases are based upon a substantial common nucleus of facts, events, or transactions.

Determination - When it appears to the United States attorney that two or more cases may be related cases, the United States attorney shall file at the earliest practicable time a statement in all affected cases, describing the basis for concluding that the cases may be related. The duty magistrate judge shall promptly determine whether the cases are related. If related, the cases will be assigned to the same judge. If cases are found to be related cases after assignment to different judges, they may be reassigned by the Chief Judge to the judge having the related case earliest filed.

Miscellaneous docket - The miscellaneous docket of the court shall be conducted and assigned at random to a magistrate judge at the time of filing, and it shall include all grand jury matters. If a miscellaneous docket matter requires proceedings conducted before a district judge, the case will be randomly reassigned to a district judge. If a miscellaneous matter is reassigned to a district judge because the matter is contested, a new civil action number will be assigned. Effect - This rule is intended to provide for an orderly division of the business of the court and not to grant any right to any litigant.

Duty of parties - All parties shall notify the court in writing of all pending related cases and any dismissed or remanded prior cases. 56.5 Reassignment of cases Reassignment to promote judicial economy - The court may reassign cases from one judge to another (i) to equalize and balance workloads among judges; (ii) to assign cases to senior or visiting judges or remove cases from their dockets as necessary; (iii) to comply with the requirements of the Speedy Trial Act, or (iv) for other reasons of judicial economy. Any case may be reassigned under this rule from one judge to another judge with the consent of both judges. Cases may also be reassigned by administrative order of the Chief Judge if approved by a majority of active district judges.

Reassignment of cognate cases Definition – Cognate cases are pending criminal actions that have substantial questions of fact or law in common such that their assignment to a single judge is likely to effect a substantial saving of judicial effort and to avoid wasteful and duplicative proceedings for the court and the parties. Procedure for reassignment – When a district judge determines that reassignment of cognate cases would serve the interests of justice and judicial economy, the judge will contact all other district judges to whom cognate cases have been assigned. If all those judges agree to reassignment, the Chief Judge will enter an administrative order reassigning such cognate cases to the district judge with the earliest numbered case. The administrative order may also provide for automatic assignment of future cognate cases to that district judge, and for an adjustment of future case assignments to that district judge to compensate for the increased workload.

56.6 Criminal matters in the Northern Division - With the permission of the district judge to whom a case is assigned, any available district judge may take a guilty plea, preside over trial, or sentence a defendant in Northern Division cases. Local Criminal Rule 57. Magistrate judges; miscellaneous 57.1 Magistrate judges Determination of nondispositive pretrial matters - 28 U.S.C. § 636(b)(1)(A) - A magistrate judge may hear and determine any procedural or discovery motion or other pretrial matters, other than motions to dismiss or quash an indictment or information made by a defendant and motions to suppress evidence. Recommendations regarding case dispositive motions - 28 U.S.C. § 636(b)(1)(B) - A magistrate judge may submit to a district judge of the court a report containing proposed findings of fact and recommendations for disposition by the district judge of motions to dismiss or quash an indictment or information made against a defendant or motions to suppress evidence.

A magistrate judge may determine any preliminary matters and conduct evidentiary hearing or other proceeding in connection with such recommendations. Other duties - A magistrate judge is also authorized to: exercise all authority conferred upon United States magistrate judges by the Federal Rules of Criminal Procedure, including exercising case dispositive jurisdiction in petty offense and other misdemeanor prosecutions under Rule 58 of the Federal Rules of Criminal Procedure and 18 U.S.C. § 3401; conduct pretrial conferences, settlement conferences, omnibus hearings, and related pretrial proceedings in cases; conduct all nondispositive proceedings in cases not triable to the magistrate judge, including initial appearances, bond hearings, detention hearings, hearings on motion to revoke bond, arraignments, the taking of not-guilty pleas and the entering of not-guilty pleas for defendants standing mute; impanel grand juries, and receive grand jury returns in accordance with Rule 6(f) of the Federal Rules of Criminal Procedure; accept waivers of indictment and waivers of counsel; conduct voir dire and select petit juries to the extent allowed by law; accept petit jury verdicts in cases in the absence of a district judge; conduct necessary proceedings leading to the potential revocation of probation or supervised release; issue subpoenas, writs of habeas corpus ad testificandum or habeas corpus ad prosequendum, or other orders necessary to obtain the presence of parties witnesses or evidence needed for investigations or for court proceedings; order the exoneration or forfeiture of bonds; perform the functions specified in 18 U.S.C. §§ 4107, 4108, and 4109, regarding proceedings for verification of consent by offenders to transfer to or from the United States and the appointment of counsel therein; issue summons, search warrants, orders or other process authorizing agents and officers of the Internal Revenue Service or other authorized persons to enter premises and to make such search as is necessary in order to levy and seize property pursuant to Section 6331 of the Internal Revenue Code or other applicable provision of law; conduct proceedings in accordance with 26 U.S.C. §§ 7402(b) and 7604(b) regarding enforcement of Internal Revenue Service summonses; conduct extradition proceedings in accordance with 18 U.S.C. § 3184; preside over guilty pleas in felony prosecutions in the circumstances allowed by LCrR 11; and perform any additional duty not inconsistent with the Constitution and laws of the United States. Appeal from judgments in misdemeanor cases - 18 U.S.C. § 3402 - A defendant may appeal a judgment of conviction by a magistrate judge in a misdemeanor case by filing a notice of appeal within fourteen (14) days after entry of the judgment, and by serving a copy of the notice upon the United States attorney. If the case was previously assigned to a district judge, that judge shall hear any appeal from the decision of the magistrate judge; otherwise, the appeal shall be assigned to a district judge at random.

The scope of appeal shall be the same as on an appeal from a judgment of the district court to the court of appeals. Appeals from other orders of a magistrate judge - Appeals from any other decisions and orders of a magistrate judge not provided for in this rule should be taken as provided by governing statute, rule, or decisional law. Such appeals shall be taken in accordance with the procedures set forth in LCivR 72.3. Any magistrate judge of this court may exercise nondispositive jurisdiction and perform the duties authorized by this rule in any criminal case, without the necessity of an order of reference.

57.2 Miscellaneous Probation office - No employee of U.S. Probation and Pretrial Services shall, except as required by law, disclose to any person or organization any information obtained or maintained pursuant to official duties. Any order, subpoena or other demand for the testimony of a probation officer or the official records of the probation office must be made in accordance with the procedures set forth in the applicable regulations of the Judicial Conference of the United States. Whenever a probation officer of this court is served with an order, subpoena or other demand for testimony or the production of confidential presentence or probation records, the probation officer must not provide testimony or access to official records without the prior written approval of the Chief Probation Officer. Except when the request is made by a federal or state probation or parole officer, the Chief Probation Officer must consult with the Chief Judge of this court regarding the proper response to the order, subpoena, or other demand.

This rule does not apply to officers’ testimony before this court. Bonds and sureties - In all proceedings the clerk shall accept as surety upon bonds and other undertakings a surety company approved by the United States Department of Treasury, cash or an individual personal surety residing within the district. The clerk shall maintain a list of approved surety companies. Any personal surety must qualify as the owner of real estate within this district of the full net value of twice the face amount of the bond.

Attorneys or other officers of this court shall not serve as sureties. This rule shall apply to supersedeas bonds and any other bonds required by law. Other matters - All other matters scheduled before a judge shall be scheduled by a member of the judge's staff, who shall notify all parties or counsel of scheduled dates and the purpose of all court appearances. Writs of habeas corpus Requirements - All writs of habeas corpus ad prosequendum or testificandum for an individual shall, in addition to stating a specific date and time, include the following phrase: "and at such other times and dates as the Court may decree." Every effort shall be made to allow fourteen (14) days after service prior to the required appearance.

Requests to seal - A request that the writ be issued under seal must state facts showing good cause supporting the request. The caption of both the application and the proposed order granting the writ must clearly identify the document as being filed under seal. Payment to court reporters and transcribers - All parties, except defendants represented by CJA counsel, ordering a transcript must pay in advance by cash or certified check unless the court reporter/transcriber agrees to other arrangements. --> 57.1 Magistrate judges Determination of nondispositive pretrial matters - 28 U.S.C. § 636(b)(1)(A) - A magistrate judge may hear and determine any procedural or discovery motion or other pretrial matters, other than motions to dismiss or quash an indictment or information made by a defendant and motions to suppress evidence. Recommendations regarding case dispositive motions - 28 U.S.C. § 636(b)(1)(B) - A magistrate judge may submit to a district judge of the court a report containing proposed findings of fact and recommendations for disposition by the district judge of motions to dismiss or quash an indictment or information made against a defendant or motions to suppress evidence.

A magistrate judge may determine any preliminary matters and conduct evidentiary hearing or other proceeding in connection with such recommendations. Other duties - A magistrate judge is also authorized to: exercise all authority conferred upon United States magistrate judges by the Federal Rules of Criminal Procedure, including exercising case dispositive jurisdiction in petty offense and other misdemeanor prosecutions under Rule 58 of the Federal Rules of Criminal Procedure and 18 U.S.C. § 3401; conduct pretrial conferences, settlement conferences, omnibus hearings, and related pretrial proceedings in cases; conduct all nondispositive proceedings in cases not triable to the magistrate judge, including initial appearances, bond hearings, detention hearings, hearings on motion to revoke bond, arraignments, the taking of not-guilty pleas and the entering of not-guilty pleas for defendants standing mute; impanel grand juries, and receive grand jury returns in accordance with Rule 6(f) of the Federal Rules of Criminal Procedure; accept waivers of indictment and waivers of counsel; conduct voir dire and select petit juries to the extent allowed by law; accept petit jury verdicts in cases in the absence of a district judge; conduct necessary proceedings leading to the potential revocation of probation or supervised release; issue subpoenas, writs of habeas corpus ad testificandum or habeas corpus ad prosequendum, or other orders necessary to obtain the presence of parties witnesses or evidence needed for investigations or for court proceedings; order the exoneration or forfeiture of bonds; perform the functions specified in 18 U.S.C. §§ 4107, 4108, and 4109, regarding proceedings for verification of consent by offenders to transfer to or from the United States and the appointment of counsel therein; issue summons, search warrants, orders or other process authorizing agents and officers of the Internal Revenue Service or other authorized persons to enter premises and to make such search as is necessary in order to levy and seize property pursuant to Section 6331 of the Internal Revenue Code or other applicable provision of law; conduct proceedings in accordance with 26 U.S.C. §§ 7402(b) and 7604(b) regarding enforcement of Internal Revenue Service summonses; conduct extradition proceedings in accordance with 18 U.S.C. § 3184; preside over guilty pleas in felony prosecutions in the circumstances allowed by LCrR 11 ; and perform any additional duty not inconsistent with the Constitution and laws of the United States. Appeal from judgments in misdemeanor cases - 18 U.S.C. § 3402 - A defendant may appeal a judgment of conviction by a magistrate judge in a misdemeanor case by filing a notice of appeal within fourteen (14) days after entry of the judgment, and by serving a copy of the notice upon the United States attorney. If the case was previously assigned to a district judge, that judge shall hear any appeal from the decision of the magistrate judge; otherwise, the appeal shall be assigned to a district judge at random.

The scope of appeal shall be the same as on an appeal from a judgment of the district court to the court of appeals. Appeals from other orders of a magistrate judge - Appeals from any other decisions and orders of a magistrate judge not provided for in this rule should be taken as provided by governing statute, rule, or decisional law. Such appeals shall be taken in accordance with the procedures set forth in LCivR 72.3. Any magistrate judge of this court may exercise nondispositive jurisdiction and perform the duties authorized by this rule in any criminal case, without the necessity of an order of reference.

57.2 Miscellaneous Probation office - No employee of U.S. Probation and Pretrial Services shall, except as required by law, disclose to any person or organization any information obtained or maintained pursuant to official duties. Any order, subpoena or other demand for the testimony of a probation officer or the official records of the probation office must be made in accordance with the procedures set forth in the applicable regulations of the Judicial Conference of the United States. Whenever a probation officer of this court is served with an order, subpoena or other demand for testimony or the production of confidential presentence or probation records, the probation officer must not provide testimony or access to official records without the prior written approval of the Chief Probation Officer. Except when the request is made by a federal or state probation or parole officer, the Chief Probation Officer must consult with the Chief Judge of this court regarding the proper response to the order, subpoena, or other demand.

This rule does not apply to officers’ testimony before this court. Bonds and sureties - In all proceedings the clerk shall accept as surety upon bonds and other undertakings a surety company approved by the United States Department of Treasury, cash or an individual personal surety residing within the district. The clerk shall maintain a list of approved surety companies. Any personal surety must qualify as the owner of real estate within this district of the full net value of twice the face amount of the bond.

Attorneys or other officers of this court shall not serve as sureties. This rule shall apply to supersedeas bonds and any other bonds required by law. Other matters - All other matters scheduled before a judge shall be scheduled by a member of the judge's staff, who shall notify all parties or counsel of scheduled dates and the purpose of all court appearances. Writs of habeas corpus Requirements - All writs of habeas corpus ad prosequendum or testificandum for an individual shall, in addition to stating a specific date and time, include the following phrase: "and at such other times and dates as the Court may decree." Every effort shall be made to allow fourteen (14) days after service prior to the required appearance.

Requests to seal - A request that the writ be issued under seal must state facts showing good cause supporting the request. The caption of both the application and the proposed order granting the writ must clearly identify the document as being filed under seal. Payment to court reporters and transcribers - All parties, except defendants represented by CJA counsel, ordering a transcript must pay in advance by cash or certified check unless the court reporter/transcriber agrees to other arrangements. Local Criminal Rule 58.

Misdemeanors; petty offenses and collateral forfeitures 58.1 Disposition of misdemeanor cases - 18 U.S.C. § 3401 - Each magistrate judge of this court is empowered to exercise all jurisdiction conferred by 18 U.S.C. § 3401, including jurisdiction to: try persons accused of, and sentence persons convicted of misdemeanors in this district, after receiving such consent as may be required by 18 U.S.C. § 3401; direct the probation service of the court to conduct a presentence investigation in such misdemeanor case; conduct a jury trial in any misdemeanor case where the defendant so requests and is entitled to trial by jury under the Constitution and laws of the United States; and conduct all post judgment proceedings, including petitions to revoke or modify probation or supervised release, for any misdemeanor defendant who was originally sentenced by a magistrate judge. 58.2 Petty offenses and collateral forfeitures Posting collateral in lieu of appearance - A person who is charged with a violation of a Federal Wildlife Act, parking regulation governing the federal building, National Forest offense, conduct on postal service property, violation of law on military property or any other petty offense as defined in 18 U.S.C. § 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 to the United States. The posting of said collateral shall signify that the offender does not contest the charge or request a hearing before the designated magistrate judge. If the collateral is forfeited, such action shall be tantamount to a finding of guilty.

Collateral will be permitted only for those offenses specifically authorized by the court in separate orders. There shall be maintained in the office of the clerk and with each magistrate judge a current list of the petty offenses and collateral applicable thereto which the court has established as collateral forfeiture offenses. Failure to post and forfeit collateral - If a person charged with an offense under this rule fails to post and forfeit collateral, any punishment, including fine, imprisonment or probation may be imposed within the limits established by law upon conviction. Aggravated offenses - If, within the discretion of the law enforcement officer, the offense is of an aggravated nature, the law enforcement officer may require appearance.

Any punishment, including fine, imprisonment or probation, may be imposed within the limits established by law upon conviction. Appearance required - Nothing contained in this rule shall prohibit law enforcement officers 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. --> 58.1 Disposition of misdemeanor cases - 18 U.S.C. § 3401 - Each magistrate judge of this court is empowered to exercise all jurisdiction conferred by 18 U.S.C. § 3401, including jurisdiction to: try persons accused of, and sentence persons convicted of misdemeanors in this district, after receiving such consent as may be required by 18 U.S.C. § 3401; direct the probation service of the court to conduct a presentence investigation in such misdemeanor case; conduct a jury trial in any misdemeanor case where the defendant so requests and is entitled to trial by jury under the Constitution and laws of the United States; and conduct all post judgment proceedings, including petitions to revoke or modify probation or supervised release, for any misdemeanor defendant who was originally sentenced by a magistrate judge. 58.2 Petty offenses and collateral forfeitures Posting collateral in lieu of appearance - A person who is charged with a violation of a Federal Wildlife Act, parking regulation governing the federal building, National Forest offense, conduct on postal service property, violation of law on military property or any other petty offense as defined in 18 U.S.C. § 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 to the United States. The posting of said collateral shall signify that the offender does not contest the charge or request a hearing before the designated magistrate judge.

If the collateral is forfeited, such action shall be tantamount to a finding of guilty. Collateral will be permitted only for those offenses specifically authorized by the court in separate orders. There shall be maintained in the office of the clerk and with each magistrate judge a current list of the petty offenses and collateral applicable thereto which the court has established as collateral forfeiture offenses. Failure to post and forfeit collateral - If a person charged with an offense under this rule fails to post and forfeit collateral, any punishment, including fine, imprisonment or probation may be imposed within the limits established by law upon conviction.

Aggravated offenses - If, within the discretion of the law enforcement officer, the offense is of an aggravated nature, the law enforcement officer may require appearance. Any punishment, including fine, imprisonment or probation, may be imposed within the limits established by law upon conviction. Appearance required - Nothing contained in this rule shall prohibit law enforcement officers 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. Pages « first ‹ previous 1 2 Search this site Contact Us