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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)
A. In all prosecutions for violations of ordinances punishable by fine of more than five hundred dollars ($500.00) or by imprisonment, or by both fine and imprisonment, trial shall be by jury, unless waived by the defendant. If trial by jury is waived, trial shall be to the court. (Ord. 2012-07, 12-20-2012)
B. At arraignment, the defendant shall be asked whether he demands or waives trial by jury. His election shall be recorded in the minutes of the arraignment and entered on the docket of the court respecting proceedings in the case.
C. An election waiving jury trial, made at arraignment, may be changed by the defendant at any time prior to the day for which trial by the court is set; an election demanding jury trial may be changed at any time prior to the commencement of proceedings to impanel the jury for the trial, but if that change occurs after the case has been set for jury trial, it may not thereafter be rechanged so as again to demand trial by jury. (Ord. 1995-11, 9-17-1995)
Notes
1 | 1. 11 OS § 27-119. |
A. Whenever a calendar has been made up for the trial of cases by jury, the judge shall request, in writing, the presiding judge of the district court for this judicial district to cause the names of a stated number of jurors, deemed sufficient to dispose of the cases on the calendar, to be drawn from the jury wheel in accordance with the governing statutes of the state, and to be certified by the clerk of the district court to the judge of the municipal court. The request shall be made in time for the list to be certified and the jurors to be summoned legally before the trial of the calendar begins. If it is anticipated that the completion of the calendar will require more than two (2) weeks, the request for jurors shall specify the number required for each two (2) week period, as provided by law for the drawing of jurors for the district court. Additional drawing of other names also may be requested by the judge, when necessary, in accordance with the law for such additional drawings in the district court. If, in the future, provisions of the law respecting the drawing of jury lists for the district court are changed, the judge shall take such steps, in requesting jury lists for the court, as are necessary to comply with the state law.
B. Upon receipt of the jury list, the clerk of the court shall cause a summons substantially in the following form to be issued and served upon each person on the list:
STATE OF OKLAHOMA )
) ss:
COUNTY OF OKLAHOMA )
TO , GREETING: you hereby are summoned to appear in the Municipal Court for the City of Harrah, Oklahoma, to be held at on the day of 19 , at the hour of o'clock .M., to serve as a juror in said court, and to continue in such service until discharged by the court.
Hereof fail not, under penalty of law.
Issued under the authority of said court, this day of , 19 .
Clerk of the Municipal Court of the City of Harrah, Oklahoma
C. Service shall be made, as the judge may prescribe by rule or direct by order, either in person upon the juror by the marshal of the court or by any member of the police force of this municipality, or by the clerk of the court, through certified mail, directed to the juror at his address as given in the jury list with request for a personally signed return receipt. In any proceeding wherein service of summons by mail is in issue, evidence of the due mailing of the summons by the clerk or a member of his staff and the presentation of an official postal return receipt purportedly signed by the addressee shall be prima facie evidence that the summons was duly received by the addressee and, therefore that he was properly served therewith.
D. A jury in the court shall consist of six (6) jurors, good and lawful men or women, citizens of the county of Oklahoma, possessing the qualifications of jurors in district court.
E. After the jurors are sworn, they must sit together and hear the proofs and oral arguments of the parties, which must be delivered in public and in the presence of the defendant.
F. A verdict of the jury may be rendered by the vote of five (5) jurors.
G. In all actions tried before a jury, the judge shall determine all questions of law, including questions as to the introduction of evidence, arising during the trial. He also shall instruct the jury as to the law.
H. The verdict of the jury, in all cases, must be general. When the jury has arrived at its verdict, it must deliver the verdict publicly to the court. The judge must enter the verdict in the docket or cause it to be so entered.
I. The jury must not be discharged after the case is submitted to it until a verdict is rendered, unless the judge, for good cause, discharges it sooner, in which event the court may proceed again to trial, and so on, until a verdict is rendered. (1986 Code)
A. Witnesses in any proceeding in the court other than the police officers or peace officers shall be entitled to a fee as set by the city per each day of attendance, plus mileage for each mile actually and necessarily traveled in going to and returning from the place of attendance if their residence is outside the limits of the municipality. However, no witness shall receive fees or mileage in more than one case for the same period of time or the same travel. A defendant seeking to subpoena witnesses must deposit with the clerk a sum sufficient to cover fees and mileage for one day of attendance for each witness to be summoned, but such deposit shall not be required from an indigent defendant who files an affidavit setting out:
1. The name of no more than three (3) witnesses.
2. That the defendant, by reason of his poverty, is unable to provide the fees and mileage allowed by law.
3. That the testimony of the witnesses is material.
4. That their attendance at the trial is necessary for his proper defense.
The fees of such witnesses shall be paid by the municipality. (1986 Code)
If, after conviction, judgment of imprisonment is entered, a copy thereof, certified by the clerk, shall be delivered to the chief of police, the sheriff of the county or other appropriate police officer. Such copy shall be sufficient warrant for execution of the sentence. (Prior Code, Sec. 12-48)
A. If a defendant who is financially able refuses or neglects to pay a fine or costs or both, payment may be enforced by imprisonment until the same shall be satisfied at the rate of five dollars ($5.00) per day. If the defendant is without means to pay the fine or costs, the municipal judge may direct the total amount due to be entered upon the court minutes and to be certified to the district court of Oklahoma County where it shall be entered upon the district court docket and shall have the full force and effect of a district court judgment. Thereupon the same remedies shall be available for the enforcement of the judgment as are available to any other judgment creditor.
B. All prisoners confined to jail on conviction or on plea of guilty may be compelled, if their health permits, to work on the public streets, avenues, alleys, parks, buildings or other public premises or property. For each day of such work, the prisoner shall be credited five dollars ($5.00) toward any fine or costs or witness or juror fees or mileage until same are satisfied.
C. The chief of police, subject to the direction of the city manager, shall direct where the work shall be performed. The head of the department in charge of the place where the work is to be performed himself or by some person designated by him, shall oversee the work. If a guard is necessary, the chief of police shall make provision therefor. (Prior Code, Sec. 12-37)
A. The judge of the municipal court imposing a judgment or sentence, at his discretion, is empowered to modify, reduce or suspend or defer the imposition of such sentence or any part thereof and to authorize probation for a period not to exceed six (6) months from the date of sentence, upon such terms or conditions as the court may specify. Procedures relating to suspension of the judgment or cost, or both, shall be as provided in section 27-123 of title 11 of the Oklahoma Statutes. Upon completion of the probation term, the defendant shall be discharged without a court judgment of guilt, and the verdict, judgment of guilty or plea of guilty, shall be expunged from the record, and the charge dismissed with prejudice to any further action. Upon a finding of the court that the conditions of probation have been violated the Municipal Judge may enter a judgment of guilty.
B. The Judge of the Municipal Court may continue or delay imposing a judgment or sentence for a period not to exceed six (6) months from the date of sentence. At the expiration of such period of time the Judge may allow the charge to be amended to a lesser offense.
C. If a deferred sentence is imposed as provided in subsections A and B of this section an administrative fee, in an amount not to exceed one hundred dollars ($100.00), may be imposed as additional court costs in the case. (Prior Code § 12-31; amd. Ord. 1987-9, 11-5-1987)
In addition to the duties otherwise provided by law, the Judge of each Municipal Court, or some other person designated by the Governing Body of the municipality where the court is established, shall be required to supervise suspended sentences pronounced and adjudged by the Municipal Court. (Prior Code § 12-32)
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