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Wednesday, June 12, 2024

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Hon. Michael McShane, Chief Judge

Melissa Aubin, Clerk of Court

Crim LR. 58 - Petty Offenses and Other Misdemeanors

(See Fed. R. Crim. P. 58)

Crim. LR 58-1 Waiver of Appearance and Forfeiture of Collateral

  1. Persons charged by citation with misdemeanor violations of Titles 36, 38, 39, 41, 43, 46, and 50 of the Code of Federal Regulations, Titles 16, 18, 21, and 43 of the United States Code, or the Oregon Revised Statutes by virtue of the Assimilative Crimes Act (Title 18, United States Code, Section 13) may waive an appearance before a United States Magistrate Judge and dispose of the matter by forfeiting the pre-set collateral, or a lesser amount as agreed to by the parties, for misdemeanors and petty offenses as set forth in the collateral forfeiture schedule approved by the Court.
  2. When such collateral is forfeited, it will terminate the proceedings and shall not constitute a criminal conviction or an admission of guilt.
  3. A party may proceed by forfeiture of collateral after the initial appearance for individuals with citations requiring a mandatory appearance and for individuals who make a voluntary initial appearance, with the same result as for those who waive appearance, by agreement of the parties or if allowed by the court.
  4. Payment of the collateral forfeited shall be to the Central Violations Bureau.
  5. This rule applies retroactively to all individuals who have forfeited collateral or pleaded no contest to a Central Violations Bureau violation in the District of Oregon.  All such cases are deemed terminated by payment of the collateral and do not constitute a criminal conviction.

Practice Tip

The current Court-approved CVB collateral forfeiture schedule is available on the Court's website (ord.uscourts.gov). 


Amendment History to Crim LR. 58

August 1, 2019

Crim. LR 58

New rule.