Deposit in lieu of court appearance--Methods--Failure to appear as admission and forfeiture.

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23-1A-13. Deposit in lieu of court appearance--Methods--Failure to appear as admission and forfeiture.

A person to whom a petty offense complaint and summons has been issued for an offense other than a violation of traffic laws may, in lieu of appearing in court for a hearing on the complaint, immediately file a deposit by either:

(1)In the law enforcement officer's presence, mailing a deposit to the office of the clerk of courts; or

(2)In the company of the officer, going to the office of the clerk of courts and personally making a deposit.

The issuing officer shall notify the alleged violator, in writing, and obtain a receipt therefor, that if he fails to appear in court at the time fixed in the summons, he will be deemed to have tendered an admission to the allegations contained in the complaint and an agreement to a forfeiture not to exceed the amount of the deposit, which the court will accept.

Source: SL 1977, ch 193, §11.


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