S.D. Ohio Crim. R. 58.1

(a) Persons charged with a petty offense in this District for which a fixed-sum payment is

established pursuant to this Rule may elect to post, in person or by mail, collateral in

the amount specified for such offense, and, upon waiver of the right to a hearing on the

charge made, consent to the forfeiture of such collateral in lieu of appearance before

the Magistrate Judge and all further proceedings. Any person so charged who does not

elect this procedure shall be required to appear before the Magistrate Judge as

prescribed by law, and upon conviction, shall be subject to any penalty otherwise

provided.

(b) Nothing contained in this Rule shall be interpreted to prohibit or restrict otherwise

existing authority of any law enforcement officer to place persons under arrest under

proper circumstances. Further, where the law enforcement officer involved considers

the circumstances of the offense to be aggravated, the officer may specify that

appearance before the Magistrate Judge is required, in which case the collateral

forfeiture procedure in this Rule shall not be available.

(c) The schedules of fixed-sum payments that may be deposited as collateral and forfeited

in lieu of appearance shall be those established by General Orders as may be issued

from time to time by this Court. The schedules shall be posted by the Clerk on the

Court’s website. Such General Orders may be issued by the Chief Judge of this Court

on behalf of the Court, pending further General Orders of the full Court.

(d) When a person charged in this District with a petty offense for which a fixed-sum

payment is established pursuant to this Rule fails to post collateral and also fails to

appear before the Magistrate Judge for initial appearance on the date set by the Court,

the Magistrate Judge may, when issuing a warrant for the person’s arrest, increase the

amount of collateral that may be forfeited to an amount not in excess of the maximum

fine that could be imposed upon conviction.