6-133: WITNESS FEES:

   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)

6-134: EXECUTION OF SENTENCE:

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)

6-135: ENFORCEMENT OF PAYMENT OF FINES OR COSTS BY IMPRISONMENT, PERSONS UNABLE TO PAY:

   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)

6-136: DEFERRED SENTENCE, SUSPENSION OF JUDGMENT OR COST, RECONFINEMENT, ADMINISTRATIVE FEE:

   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)

6-137: SUPERVISION OF JUVENILES ON PAROLE OR PROBATION:

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)

6-138: DOCKET REQUIRED:

The Municipal Judge shall keep a docket in which he shall state the name of the complainant, the nature or character of the offense, the date of the payment, the date of issuing commitment, if any, and every other fact necessary to show the full proceedings in such case. (Prior Code § 12-35)

6-139: SECURITY FOR COSTS REQUIRED:

When application is made by any person to commence any prosecution in the Municipal Court, the Municipal Judge may, in his discretion, before any such proceeding is commenced, require the person making such to give good and sufficient security for costs in the event the prosecution should fail which security shall be given before any proceeding shall be commenced. (Prior Code § 12-38)

6-140: AMENDMENTS TO PROCESS, PLEADINGS:

The court may amend or permit to be amended any process or pleading for any omission or defect therein, or for any variance between the complaint and the evidence adduced at the trial. If the defendant is substantially prejudiced in the presentation of his case as a result of the amendment, the court may adjourn the hearing to some future time, upon such terms as it may think proper. (Prior Code § 12-41)