(a) Where filed. –
Citations shall be filed in the circuit court or municipal court in the county or municipality where the offense allegedly occurred.
(b) When citation may issue. –
A person arrested and taken into custody for any crime shall be brought before a judicial officer as provided in Rule 5, except:
(1) A person who has been stopped, detained or arrested for a misdemeanor may, then or after further investigation, be issued a citation to avoid further detention. If the person to whom the citation is issued accepts the citation (thereby signifying his promise to appear in court on a date and time certain to answer to the offense charged in the citation), the person shall then be released from custody; and
(2) A person arrested and taken into custody for a “forfeit” offense (as later defined in this rule) must be taken before a judicial officer within 12 hours. If the person is not taken before a judicial officer within 12 hours, the person must be issued a citation and released from custody, but only if the person signs a promise to appear in court on a date and time certain to answer to the offense charged in the citation. A judicial officer may, but is not required to, hold an initial appearance hearing for forfeit offenses other than during the regular business hours of the court.
(c) Appearance in court. –
The peace officer issuing the citation shall specify on the citation the name and address of the court in which the citation will be filed and a date and time when the person cited must appear in that court. The time specified must be at least five days after the alleged violation unless the person cited consents to an earlier hearing. A person to whom a citation has issued must appear on the day and at the time and place specified in the citation, unless:
(1) The appearance is continued or excused by a judicial officer of that court; or
(2) The citing officer checks the box “MAY FORFEIT BOND IN LIEU OF APPEARANCE” on the citation.
(d) Payment of fines and costs or forfeiture of bail in lieu of appearance –
A citing officer may require any person to appear in court on a date and time certain to answer to the offense charged in the citation by checking the “MUST APPEAR” box on the citation. If the citing officer checks the “MAY FORFEIT BOND IN LIEU OF APPEARANCE” box on the citation the offense may be dealt with as follows:
(1) A person may satisfy a promise to appear in court by paying to the court, or to another authorized by that court to accept bond for misdemeanor offenses, on or before the appearance date the amount of the fine and court costs as listed on the Uniform Bail and Forfeiture Schedules adopted and published by the Wyoming Supreme Court and set forth in Appendix I to this rule;
(2) By paying fines and costs into court (by mail or otherwise) or, when permitted, by posting bond and failing to appear as promised, a person elects:
(A) To waive appearance before the court;
(B) To waive a trial; and
(C) Not to contest the offense charged (nolo contendere).
(e) Warrant for failure to appear. –
The court may issue a warrant for the arrest of any person who fails to appear as ordered by the court. The court may also issue a warrant for any person who fails to appear as promised:
(1) When “MUST APPEAR” is checked on the citation; or
(2) When the person fails to pay the fine and costs to the court (or post bond in lieu thereof) prior to the promised appearance date when “MAY FORFEIT BOND IN LIEU OF APPEARANCE” is checked on the citation.
(f) Disposition of citations. –
Every citation filed or deposited with the court must be accounted for and disposed of by that court. Disposition may include forfeiture of bail.
(g) Definitions. –
(1) “Forfeit offenses” are those misdemeanor offenses listed as forfeit offenses on the Uniform Bail and Forfeiture Schedules adopted and promulgated by the Wyoming Supreme Court and set forth in Appendix I to this rule. A citing officer may not check the box “MAY FORFEIT BOND IN LIEU OF APPEARANCE” on the citation for any offense other than a forfeit offense; and
(2) “Must appear offenses” are those misdemeanor offenses for which a citation has issued and the citing officer has checked the “MUST APPEAR” box on the citation.
amended June 23, 1992, effective August 1, 1992; amended July 22, 1993, effective October 19, 1993; amended June 30, 2000, effective July 1, 2000; amended December 2, 2002; effective January 6, 2003; amended May 18, 2011, effective July 18, 2011.
