58.2      Petty offenses and collateral forfeitures

1. 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.
2. 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.
3. 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.
4. 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.