LOCAL CRIMINAL RULE 58 - PROCEDURE
FOR MISDEMEANORS AND OTHER PETTY OFFENSES

LCrR58.1E  Trial of Misdemeanors
LCrR58.2E  Procedures for Misdemeanors and Other Petty Offenses
LCrR58.2M & W  Petty Offenses
LCrR58.3E  Central Violations Bureau
LCrR58.3M & W  Central Violations Bureau

LCrR58.1E  Trial of Misdemeanors

        As provided in Rule 58 of the Federal Rules of Criminal Procedure, a trial of a misdemeanor may proceed on an indictment, information, or complaint or, if it be a petty offense, on a citation or violation notice.

LCrR58.2E  Procedures for Misdemeanors and Other Petty Offenses

        A.    As authorized by subsection (d) of Rule 58 of the Federal Rules of Criminal Procedure, the offenses named in the schedule of offenses designated by the court and posted in the office of the clerk may be disposed of by payment of the fixed sum provided in the schedule in lieu of personal appearance before a magistrate judge. The proceeding shall be terminated on receipt by the clerk of payment.

        B.    In all other proceedings, unless otherwise authorized in a specific case by the magistrate judge to whom the case has been assigned, or pursuant to Rule 43(c), Federal Rules of Criminal Procedure, the defendant must personally appear before the magistrate judge for disposition of the charge or for other proceedings directed by law.

        C.    Where the magistrate judge deems it desirable, the magistrate judge may direct the probation service of the court to conduct a pre-sentence investigation and report in accordance with 18 USC 3401(c).

LCrR58.2M & W  Petty Offenses

        A.    As authorized by Rule 4 of the Rules of Procedure for Trial of Misdemeanors Before United States Magistrate Judges, the petty offenses named in the Schedule of Offenses designated by the court may be disposed of by payment of the fixed sum provided in the schedule in lieu of a personal appearance before a magistrate judge. The proceeding shall be terminated on receipt of payment by the Central Violations Bureau or clerk.

        B.    In all other petty offense proceedings, unless otherwise authorized in a specific case by the magistrate judge to whom the case has been assigned, or pursuant to FRCrP 43(c), the defendant must personally appear before the magistrate judge for disposition of the charges or for other proceedings directed by law.

        C.    The magistrate judge may direct the Probation Office of the court to conduct a pre-sentence investigation and report in accordance with 18 USC 3401(c).

LCrR58.3E  Central Violations Bureau

        The clerk shall maintain a Central Violations Bureau. The bureau shall keep a record of violation notices transmitted by enforcement agencies, a record of all payments made pursuant to LCrR58.2E and shall give appearance notices to those violators whose offenses are not disposed of as provided in LCrR58.2E. The bureau shall transmit to the magistrate judges notices for personal appearance and shall maintain other records needed to effect the prompt disposition of petty offenses.

LCrR58.3M & W  Central Violations Bureau

        There shall be maintained a Central Violations Bureau. The Bureau shall keep a record of violation notices transmitted by enforcement agencies, a record of all payments made and shall give appearance notices to those violators whose offenses are not disposed of under a Schedule of Offenses. The Bureau shall transmit to the magistrate judges notices for personal appearance and shall maintain other records needed to effect the prompt disposition of petty offenses.