Loading...
All prosecutions commenced in the municipal court shall be by complaint which shall be subscribed by the person making complaint and shall be verified before a judge, the court clerk, a deputy court clerk, or a police officer. However, no warrant for an arrest shall be issued until the complaint has been approved by the judge of the municipal court and judicial determination is made that the complaint has prosecutive merit. All prosecutions for the violation of municipal ordinances shall be styled "The City of Harrah vs. (naming the person or persons charged)". (Prior Code, Sec. 12-20)
A. Whenever a resident or nonresident of the municipality is arrested for the violation of any ordinance, traffic or nontraffic, by a law enforcement officer, the officer shall immediately release such person if he acknowledges receipt of a citation by signing it, unless it reasonably appears to the officer that the person may cause injury to himself or others or damage to property if released or that the person will not appear in response to the citation. If such person fails to appear in response to the citation a warrant shall be issued for his arrest and his appearance shall be compelled.
B. Whenever a resident or nonresident of the city is arrested by a law enforcement officer for the violation of any ordinance and is not released by being permitted to sign a citation as provided in subsection A of this section, he shall be admitted to bail, either before or after arraignment, or released on his own recognizance.
C. Whenever a resident or nonresident of the city is arrested for a violation, other than a traffic violation, by a law enforcement officer, the defendant shall be eligible to be admitted to bail either before or after arraignment.
D. The city may require a person who is arrested for a municipal traffic violation by a law enforcement officer to comply with the procedures provided by law in section 1114.1 of title 22 of the Oklahoma Statutes for state traffic violations with respect to release of the arrested person and the methods of posting bail shall apply as provided in section 6-128 of this chapter.
E. When any bond is required for appearance as provided herein, the person charged of an offense shall be released from custody by posting with the municipal court clerk a cash bond for each offense equal to the maximum fine for each such offense and court costs.
F. The amount and conditions of bail granted under subsections B and C of this section shall be determined by the judge who shall prescribe rules for the receipt of bail and for the release by recognizance. In the event of arrests at night, or other emergency, or when the judge is not available, the chief of police or his designated representative shall be authorized by the judge under such conditions as shall be prescribed by the judge to accept a temporary cash bond in a sufficient amount to secure the appearance of the accused, but in no event shall the cash bond be more than the maximum fine provided by ordinance for each offense charged. The chief of police or his designated representative is authorized subject to such conditions as shall be prescribed by the judge, to release a resident of the city on his own recognizance. (Prior Code, Sec. 12-24)
If, without sufficient excuse, a defendant fails to appear according to the terms and conditions of his bond, either for hearing, arraignment, trial or judgment, or upon any other occasion when his presence in court may be lawfully required, the judge may direct that fact to be entered upon the court minutes, thereby determining the bond to be forfeited. When the bond is other than a cash bond, without advancing court costs, the judge shall then cause the forfeiture to be certified to the district court of Oklahoma County, where it shall be entered upon a judgment docket and shall have the full force and effect of a district court judgment. At such time as the forfeiture is entered upon the district court judgment docket, the district court clerk shall proceed in accordance with the provisions of sections 1330 through 1333 and 1335 of title 59 of the Oklahoma Statutes. A surety shall have all remedies available under the provisions of section 1108 of title 22 and sections 1301 through 1340 of title 59 of the Oklahoma Statutes. Court costs shall be collectable from the proceeds and the bond. (Prior Code, Sec. 12-41)
The governing body may prescribe a schedule of fines which a defendant may pay in lieu of his appearance before the court. Payment of a fine under this section shall constitute a final determination of cause against the defendant. If a defendant who has elected to pay a fine under this section fails to do so, prosecution shall proceed under the provisions of this chapter. (Prior Code, Sec. 12-40)
A. Upon the filing of a complaint charging violation of an ordinance, the judge, unless he determines to issue a warrant of arrest, or unless the defendant previously has been issued a citation or has been arrested and has given bond for appearance, shall issue a summons, naming the person charged, specifying his address or place of residence, if known, stating the offense with which he is charged and giving him notice to answer the charge in the court on a day certain, containing a provision for the official return of the summons, and including such other pertinent information as may be necessary.
B. The summons shall be served by delivering a copy to the defendant personally. If he fails to appear and to answer the summons within the prescribed period, a warrant shall be issued for his arrest, as provided in this chapter. (Prior Code, Sec. 12-21)
A. Except as otherwise provided in the ordinances of this municipality, upon the filing of a complaint approved by the judge, there shall be issued a warrant of arrest, in substantially the following form:
The City of Harrah, Oklahoma to the Marshal of the Municipal Court of Harrah, Oklahoma.
Complaint upon oath having this day been made by (naming complainant) that the offense of (naming the offense in particular but general terms) has been committed and accusing (name of defendant) thereof, you are commanded therefor forthwith to arrest the above named defendant and bring before me, at the municipal courtroom,
Witness my hand this day of , 19
Judge of the Municipal Court
Harrah, Oklahoma.
B. It is the duty of the marshal, personally, or through a duly constituted member of the police force of this municipality, or through any other person lawfully authorized so to act, to execute a warrant as promptly as possible. (Prior Code, Secs. 12-22, 12-23)
Upon arrest, or upon appearance without arrest in response to citation or summons, or at any time before trial, before or after arraignment, the defendant shall be eligible to be released upon giving bail for his appearance in an amount and upon conditions fixed by this chapter or the judge, who shall prescribe appropriate rules of court for the receipt of bail. In case of arrests made at night or under other conditions of emergency or when the judge is not available, the rules shall authorize the chief of police, or his designated representative, to accept a temporary cash bond of not less than that sum set by the judge nor more than the maximum monetary penalty provided by ordinance for the offense charged. (Prior Code, Sec. 12-24)
A. In addition to other provisions of law for posting bail, any person, whether a resident of this state or a nonresident, who is arrested by a law enforcement officer solely for a misdemeanor violation of a state traffic law or municipal traffic ordinance shall be released by the arresting officer upon personal recognizance if:
1. The arrested person has been issued a valid license to operate a motor vehicle by this state, another state jurisdiction within the United States which is a party to the nonresident violator compact, or any party jurisdiction of the nonresident violator compact.
2. The arresting officer is satisfied as to the identity of the arrested person.
3. The arrested person signs a written promise to appear as provided for on the citation.
4. The violation does not constitute:
a. A felony;
b. Negligent homicide;
c. Driving or being in actual physical control of a motor vehicle while impaired or under the influence of alcohol or other intoxicating substances;
d. Eluding or attempting to elude a law enforcement officer;
e. Operating a motor vehicle without having been issued a valid driver's license, or while the license is under suspension, revocation, denial or cancellation;
f. An arrest based upon an outstanding warrant;
g. A traffic violation coupled with any offense stated in subsections A4a through A4f of this section;
h. An overweight violation, or the violation of a special permit exceeding the authorized permit weight; or
i. A violation relating to the transportation of hazardous materials.
B. If the arrested person is eligible for release on personal recognizance as provided for in subsection A of this section, then the arresting officer shall:
1. Designate the traffic charge.
2. Record information from the arrested person's driver's license on the citation form, including the name, address, date of birth, personal description, type of driver's license, driver's license number, issuing state, and expiration date.
3. Record the motor vehicle make, model and tag information.
4. Record the arraignment date and time on the citation.
5. Permit the arrested person to sign a written promise to appear as provided for in the citation.
The arresting officer shall then release the person upon personal recognizance based upon the signed promise to appear. The citation shall contain a written notice to the arrested person that release upon personal recognizance based upon a signed written promise to appear for arraignment is conditional and that failure to timely appear for arraignment shall result in the suspension of the arrested person's driver's license in this state, or in the nonresident's home state pursuant to the nonresident violator compact.
C. Procedures for arraignment, continuances and scheduling, timely appearances, pleas of guilty or nolo contendere, posting bail, payment of fines and costs, issuance of arrest warrants, and requests for suspension of driver's license, shall be as required in state law, sections 1115.1 through 1115.5 of title 22 of the Oklahoma Statutes.
D. A defendant released upon personal recognizance may elect to enter a plea of guilty or nolo contendere to the violation charged at any time before he is required to appear for arraignment by indicating such plea on the copy of the citation furnished to him or on a legible copy thereof, together with the date of the plea and his signature. The defendant shall be responsible for assuring full payment of the fine and costs to the court clerk. The defendant shall not use currency for payment by mail. If the defendant has entered a plea of guilty or nolo contendere as provided for in this subsection, such plea shall be accepted by the court and the amount of the fine and costs shall be as prescribed by ordinance for the violation charged or as prescribed by the court.
E. If, pursuant to the provisions of subsection D of this section, the defendant does not timely elect to enter a plea of guilty or nolo contendere and fails to timely appear for arraignment, the court may issue a warrant for the arrest of the defendant and the municipal or district court clerk, within one hundred twenty (120) calendar days from the date the citation was issued by the arresting officer, shall notify the state department of public safety that:
1. The defendant was issued a traffic citation and released upon personal recognizance after signing a written promise to appear for arraignment as provided for in the citation.
2. The defendant has failed to appear for arraignment without good cause shown.
3. The defendant has not posted bail, paid a fine, or made any other arrangement with the court to satisfy the citation.
4. The citation has not been satisfied as provided by law.
5. The court clerk shall request the state department of public safety to either suspend the defendant's driver's license to operate a motor vehicle in this state, or notify the defendant's home state and request suspension of the defendant's driver's license in accordance with the provisions of the nonresident violator compact. Such notice and request shall be on a form approved or furnished by the state department of public safety. The court clerk shall not process the notification and request provided for in this subsection if, with respect to such charges:
a. The defendant was arraigned, posted bail, paid a fine, was jailed, or otherwise settled the case;
b. The defendant was not released upon personal recognizance upon a signed written promise to appear as provided for in this section or if released, was not permitted to remain on such personal recognizance for arraignment;
c. The violation relates to parking or standing, an overweight violation, an overweight permit, or the transportation of hazardous materials; or
d. A period of one hundred twenty (120) calendar days or more has elapsed from the date the citation was issued by the arresting officer.
F. The court clerk shall maintain a record of each request for driver's license suspension submitted to the state department of public safety pursuant to the provisions of this section, when the court or court clerk receives appropriate bail or payment of the fine and costs, settles the citation, makes other arrangements with the defendant, or otherwise closes the case, the court clerk shall furnish proof thereof to such defendant, if the defendant personally appears, or shall mail such proof by first class mail, postage prepaid, to the defendant at the address noted on the citation or at such other address as is furnished by the defendant. Additionally, the court or court clerk shall notify the home jurisdiction of the defendant as listed on the citation, if such jurisdiction is a member of the nonresident violator compact, and shall in all other cases, notify the state department of public safety of the resolution of the case. The form of proof and the procedures for notification shall be approved by the state department of public safety. Provided however, the court or court clerk's failure to furnish such proof or notice in the manner provided for in this subsection shall in no event create any civil liability upon the court, the court clerk, the state or any political subdivision thereof, or any state department or agency or any employee thereof but duplicate proof shall be furnished to the person entitled thereto upon request. (1986 Code)
The arraignment shall be made by the court. The judge, or the attorney of the municipality, shall read the complaint to the defendant, inform him of his legal rights, including the right of trial by jury, if available, and of the consequences of conviction, and ask him whether he pleads guilty or not guilty. If the defendant pleads guilty, the court may proceed to judgment and sentence or may continue the matter for subsequent disposition. If the plea is not guilty, and the case is not for jury trial, the court may proceed to try the case, or may set it for hearing at a later date. (Prior Code, Sec. 12-25)
A. Before trial commences, either party, upon good cause shown, may obtain a reasonable postponement thereof.
B. The defendant must be present in person at the trial except as otherwise provided.
C. Two (2) or more persons jointly charged with the same offense may be tried together or separately.
D. If the defendant pleads guilty or is convicted after the trial, the court must render judgment thereon, fixing the penalty within the limits prescribed by the applicable ordinance and imposing sentence accordingly.
E. At the close of trial, judgment may be rendered immediately by the judge who shall cause it to be entered in his docket, or the judge may take his decision or judgment under advisement and render his decision prior or at the next regular court docket.
F. If judgment is of acquittal, and the defendant is not to be detained for any other legal cause, he must be discharged at once. (Prior Code, Secs. 12-26–12-31, 12-36)
Loading...