042008

The list was updated 7/22/09.

MEMORANDUM

TO: Magistrates and Municipal Judges
FROM:     Robert L. McCurdy, Senior Staff Attorney
RE:    Recommended Minimum Bond Schedule
DATE:    December 16, 2008

Attached are two lists (in Excel spreadsheet format) of primarily traffic offenses and some criminal offenses which are commonly adjudicated in magistrate and municipal court. The Department of Public Safety asked that we compile a list which includes recommended roadside bonds. By copy of this memorandum, I am forwarding the lists to the Department, which indicated that they will be supplied to troopers for uniform statewide use.

This bond schedule is a recommendation only. Upon conviction, a trial judge may charge higher or lower than the recommended bond if allowed within the parameters of the particular statute. On traffic offenses where a court appearance is not mandatory and where the recommended bond is posted, failure to appear constitutes a forfeiture of the posted bond.

The list with the red tab (“Columns Not Hidden”) contains the name of the offense, the charging section, the penalty section, the CDR Code, the minimum and maximum jail time, the minimum fine with and without assessments, the maximum fine with and without assessments, and a recommended roadside bond. The list with the yellow tab (“Hidden Columns”) is an abbreviated sheet and contains all of the sections above except minimum and maximum jail and may be more conducive for printing purposes.

The next to the last column of both lists indicates by asterisk those offenses where a defendant’s court appearance is mandatory. Those offenses include the following: Altered DL, various DUS offenses, False Information to Police, Filing False Insurance Affidavit, Littering, Operating Uninsured Vehicle, Racing, and Simple Possession.

This document will be posted in the “Memoranda” section of the online Benchbook. If you are unable to open the attachments or do not have Excel, please contact this Office and we will provide you a hard copy of the list. Should you have questions concerning this matter, please do not hesitate to contact this Office.

RLM/amh
Attachments

cc: Department of Public Safety