General Criminal Filing Procedures

General Information
Bond Posting
Bail Hearing
Fine/Restitution
Reconveyance/Deed of Trust
Post-Indictment Arraignment (PIA)
Central Violations Bureau (CVB) - Violation Notices              

General Information

This section provides general information about criminal filing procedures in this Court. The information provided is not all-inclusive, and some of the information may not apply to you.  If you have any questions about the law or your case, please speak to an attorney.

All documents presented for filing must comply with the Federal Criminal Code and Rules and the General Orders and Local Rules of this Court.  Copies of the Federal Criminal Code and Rules and Local Rules of this Court can be purchased by contacting the Daily Journal at (213) 229-5300.

For information on electronic filing of documents, please refer to Local Rule 5-4 and Local Criminal Rule 49-1.
 
The following is a list of Local Criminal Rules most frequently consulted:

• Local Criminal Rule 7 - Indictments and Informations
• Local Criminal Rule 12 - Motions to Suppress
• Local Criminal Rule 17 - Subpoenas
• Local Criminal Rule 32 - Sentencing
• Local Criminal Rule 46 - Bail
• Local Criminal Rule 57-3 - Settlement Conferences in Complex Criminal Cases

All documents must be filed electronically unless exempted by Local Rule 5-4.2 or Local Criminal Rule 49-1.2.  If a document is filed electronically, the system will generate an NEF (Notice of Electronic Filing), which will be sent to any attorneys of record who are registered CM/ECF Users.  Service by this NEF constitutes service pursuant to the Federal Rules of Civil and Criminal Procedure for all attorneys who have consented to electronic service of documents.  Individuals who have not registered for CM/ECF, or who have not consented to service, must be served pursuant to Local Civil Rule 5-3.1.

Documents exempted from electronic filing must be presented to the Clerk for filing in paper format:  an original and one copy of the document must be presented, and prepared on 28-lined paper.   An additional copy must be submitted for conforming.  A Notice of Manual Filing (form G-92) must accompany all manual filings unless the case is under seal.  If filing by mail, the original document and two copies (one copy for conforming) must be submitted in addition to a self-addressed, stamped envelope for the return of the conformed copy.

All documents filed in paper format, including subsequently filed documents, must be presented for filing at the division of the Court where the judge is located.  Refer to Judges' Procedures & Schedules to determine the location of the judge.  Documents not filed at the proper location will be returned to the filer.

 The Court locations for criminal filings (Criminal Intake) are as follows:

• Western Division
  255 E. Temple St., Rm 178
  Los Angeles, CA 90012
• Southern Division
  411 West Fourth St., Rm 1053
  Santa Ana, CA 92701-4516
• Eastern Division
  3470 Twelfth St., Rm. 134
  Riverside, CA 92501

There are no fees in criminal cases until an appeal is filed.

Bond Posting

Bail conditions can be located on the Court's docket by searching the defendant's case name and/or number.  A copy of the bond (listing the bail conditions) will be attached to the Court Minutes.  The case can be accessed through the Public Access to Court Electronic Records (PACER) system, or a copy of the bond can be obtained at the Criminal Intake Section.

Documents to satisfy a bond must be submitted to the Criminal Intake window between the hours of 10:00 a.m. and 4:30 p.m. and must be presented in person.

If posting money to satisfy a condition of bail, only a cashier's check or money order will be accepted.  Cash (over $500.00) and personal checks are NOT accepted.

If posting property to satisfy a condition of bail, refer to Instructions for Posting a Third Party Surety Appearance Bond (form CR-020), Affidavit of Surety(ies)(Property) (form CR-003), and Short Form Deed of Trust and Assignment of Rents (form CR-005).  The property package must be presented to the U.S. Attorney's Office for approval before submission to the clerk's office.

Bail Hearing

An application for review of conditions of bail must indicate a hearing date, time and contain signatures of various parties, before it can be submitted to the court.  Prepare an Application to the Criminal Duty Judge for Review of Magistrate Judge’s Bail Order; Order Thereon (form CR-062). Obtain a hearing date from the assigned judge’s courtroom deputy clerk or Criminal Intake. Serve the application and obtain the signatures of the Pretrial Services Officer, Assistant U.S. Attorney, defense counsel, and Interpreter Services (if an interpreter is required). Electronically file the application (if applicable), or manually file the application in the Criminal Intake Section.
Prepare an Application for Review/Reconsideration of Order Setting Conditions of Release/Detention (18 U.S.C. §3142) and Request for Hearing (form CR-088) and Notification Re: Application for Bail Review or Reconsideration of Order Setting Conditions of Release or Detention (18 U.S.C. §3142) (form CR-088A) to request a review/reconsideration from the magistrate/district judge who set the bail conditions or denied bond.  Electronically file the application (if applicable) and attach the notice, or manually submit the application and order to the Criminal Intake Section

Fine/Restitution

For information on payment of fines and restitution, contact the Fiscal Section at (213) 894-3648.

Reconveyance/Deed of Trust

For information on a reconveyance for a Deed of Trust, contact (213) 894-8248.

Post-Indictment Arraignment (PIA)

The following is the PIA schedule for each Division:

* If Monday is a holiday, post-indictment arraignment is held on the Tuesday following the holiday.
                    
All defendants are given a copy of the indictment or information before court is in session.

Counsel should be present in the courtroom 30 minutes before the PIA calendar is called. Counsel should check the PIA calendar located in the courtroom for the name of his/her client and the item number of the case, and should then check in with the arraignment clerk. The arraignment clerk will give counsel a copy of the Indictment or Information and ask counsel to prepare the following forms, as appropriate: Statement of Defendant's Constitutional Rights; Financial Affidavit (if not previously completed at the first appearance); and Designation and Appearance of Counsel (for retained counsel only).

If an interpreter is required, counsel must ensure that the Indictment or Information is read to the defendant by the interpreter. The Statement of Defendant's Constitutional Rights form must also be explained by counsel to the defendant through the interpreter and signed by the defendant, counsel and the interpreter.

A non-custody defendant who has been issued a summons, makes his/her first appearance at the PIA, and posts a bond at the time of the PIA shall report to the U.S. Marshals Service immediately after the PIA for processing.

Defendants consenting to plead guilty in this District pursuant to Federal Rule of Criminal Procedure 20 who have not posted bail at the District Court from which the case is being transferred, or when bail has not been ordered, must also report to the U.S. Marshals Service immediately after the PIA.

 At the arraignment, the magistrate judge or clerk will ask each defendant the following questions, and the defendant should be prepared to respond:

• Is (name of the defendant on the charging document) your true name?
• Did you hear and understand the statements of this court pertaining to your rights and the appointment of counsel?
• Did you see and sign a statement of your rights?
• Did you receive a copy of the Indictment/Information?
• Do you want the Indictment/Information read to you?
• (Only when an interpreter is used) Has the Indictment/Information been read to you in (language)?
• How do you plead to the charges contained in the Indictment/Information?

For a Federal Rule of Criminal Procedure Rule 20 arraignment, the magistrate judge will ask the defendant the following questions in addition to the above-mentioned questions:

• Is it a true statement that, at your request and signed consent, this case was transferred from (name of district) to this district for all further proceedings?
• Do you understand that, under Rule 20 of the Federal Rules of Criminal Procedure, if you enter a plea of guilty, you will be sentenced by a judge of this district, and if you enter a plea of not guilty, you and this case will be sent back to the (name of district)?

After a defendant is arraigned, a case number and district judge or magistrate judge are randomly assigned through the Automated Case Assignment System. Depending upon the district judge to whom the case is assigned, the magistrate judge may set a trial date, status conference, motion cut-off date, and briefing schedule, and/or issue a discovery order. Cases in which a guilty plea will be entered are scheduled before the district judge to whom the case is assigned.                                               

Central Violations Bureau (CVB) - Violation Notices

The following is information regarding violation notices (citations) received in the Central District of California.

The Central Violations Bureau (CVB) processes all violation notices and schedules court hearings. If you have any questions concerning a violation notice you received, write or call the CVB at:

                 Central Violations Bureau
                 P.O. Box 780549
                 San Antonio, Texas 78278-0549
                 (800) 827-2982
                 www.cvb.uscourts.gov

To pay the amount indicated on the violation notice, send your payment to:

                  Central Violations Bureau
                  P.O. Box 71363
                  Philadelphia, Pennsylvania  19176-1363

Your cancelled check is your proof of payment. To verify receipt of payment, you may call the CVB at the telephone number set forth above.

If payment is not received within 60 days of the date of the violation notice, you will receive a Notice To Appear in court.  (If you have not received a Notice To Appear within 60 days, call the CVB.)  To reschedule a hearing, submit a written request to the Court and mail it to the Court address that appears on the Notice To Appear.  Your request must be received by the Court at least one week prior to your scheduled hearing date. Please include your name, the citation number, the scheduled hearing date, how long of a continuance you are requesting, and the reason for a continuance.

• To reschedule a hearing or arrange for a hearing date on a warrant or driver's license hold in Los Angeles, call (213) 894-2353.
• To reschedule a hearing or arrange for a hearing date on a warrant or driver's license hold in Santa Ana, call (714) 338-4754.
• To reschedule a hearing or arrange for a hearing date on a warrant or driver's license hold in Riverside, Barstow, Fort Irwin, or Yucca Valley, call (951) 328-4455.
• To reschedule a hearing at U.S. Courthouse, 1415 State Street, Santa Barbara, for Vandenberg Air Force Base, Point Mugu, Port Hueneme, Los Padres National Forest, or Channel Island offenses, please call (213) 471-3737.
• If you wish to transfer your case to another District, please call the CVB at (800) 827-2982 and they will provide you with the necessary information.
• To verify that a warrant has been recalled, please call the U.S. Marshals Service at (213) 894-2075.