77-7-21 - Proceeding on citation -- Voluntary forfeiture of bail -- Parent signature required -- Information, when required.
77-7-21. Proceeding on citation -- Voluntary forfeiture of bail -- Parent signaturerequired -- Information, when required.
(1) (a) A copy of the citation issued under Section 77-7-18 that is filed with themagistrate may be used in lieu of an information to which the person cited may plead guilty or nocontest and be sentenced or on which bail may be forfeited.
(b) With the magistrate's approval, a person may voluntarily forfeit bail withoutappearance being required in any case of a class B misdemeanor or less.
(c) Voluntary forfeiture of bail shall be entered as a conviction and treated the same as ifthe accused pleaded guilty.
(d) If the person cited is under 18 years of age, and if any of the charges allege a violationof Title 41, the court shall promptly mail a copy of the citation or a notice of the citation to theaddress as shown on the citation, to the attention of the parent or guardian of the defendant.
(2) An information shall be filed and proceedings held in accordance with the Rules ofCriminal Procedure and all other applicable provisions of this code if the person cited pleads notguilty to the offense charged.
(3) (a) The information is an original pleading.
(b) If a person cited waives by written agreement the filing of the information, theprosecution may proceed on the citation.
Amended by Chapter 292, 2009 General Session