United States District Court

Northern District Of Illinois

Local Criminal Rules

LCrR58.1. Petty Offenses; Central Violations Bureau

(a) Executive Committee. Orders establishing the amount of collateral to be posted by defendants alleged to have committed petty offenses and those cases in which the collateral may be accepted in lieu of appearances may be entered by the Executive Committee acting for the Court.

(b) Collateral In Lieu Of Appearance. Collateral may be posted by a defendant in lieu of appearance where the charge is one of the petty offenses listed in an order entered pursuant to (a) of this rule. The collateral shall be in the amount specified in that order. Collateral may not be posted by a defendant in lieu of appearance either–

(1) where the petty offense involved or contributed to an accident which resulted in personal injury or damage to property in excess of $100, or

(2) for a subsequent offense not arising out of the same facts or sequence of events which resulted in the original offense.

(c) Forfeiture of Collateral. Posting collateral pursuant to section (b) of this rule signifies that the defendant neither contests the charge nor requests a hearing before the designated magistrate judge. The failure of the defendant to appear shall result in the forfeiture of the amount posted. Such forfeiture shall be tantamount to a finding of guilty. The clerk shall certify the record of any conviction of a traffic violation to the proper state authority as required by the applicable state statute.

(d) Central Violations Bureau (CVB). The clerk shall maintain a central violations bureau (CVB). All agencies issuing violation notices shall prepare the notices in the form prescribed by the Director of the Administrative Office of the United States Courts. Agencies shall promptly submit to the CVB the original and one copy of any violation notice issued or any which the agency wishes to be voided or dismissed.

(e) Dismissals and Voids. No violation notice may be dismissed or voided except by order of court. Requests to dismiss or void made by agencies shall be submitted to the CVB. The CVB shall notify the United States attorney of the request. The United States attorney shall present the request to the designated magistrate judge at a regular call of violation notices.