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A. Upon arrest, or upon appearance without arrest in response to citation or summons, or at any other 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 the judge, who shall prescribe appropriate rules of court for the receipt of bail.
B. 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 twenty dollars ($20.00) nor more than the maximum monetary penalty provided by ordinance for such offense charged.
C. All persons confined to jail prior to trial shall be released under bond or recognizance. (1985 Code ch. 12 § 1-24; amd. 2016 Code)
A. Arraignment: Upon making his appearance before the court, the defendant shall be arraigned. The judge, or the city attorney, shall read the complaint to the defendant, inform him of his legal rights, including the right to counsel and of the consequences of conviction and ask him whether he pleads guilty or not guilty.
B. Guilty Plea: If the defendant pleads guilty, the court may proceed to judgment and sentence or may continue the matter for subsequent disposition.
C. Plea Of Not Guilty: 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. (1985 Code ch. 12 § 1-25)
A. Postponement: Before trial commences, either party, upon good cause shown, may obtain a reasonable postponement thereof. (1985 Code ch. 12 § 1-26; amd. 2016 Code)
B. Presence At Trial: The defendant must be present in person at the trial. (1985 Code ch. 12 § 1-27)
C. Trials Of Misdemeanors: In all trials, as to matters not covered in this chapter, or by the statutes relating to municipal courts, or by rules duly promulgated by the supreme court of Oklahoma, the procedure applicable in trials of misdemeanors in the district courts shall apply to the extent that they can be made effective. (1985 Code ch. 12 § 1-28; amd. 2016 Code)
D. Judgment Of Court: If the defendant pleads guilty or is convicted after trial, the court must render judgment thereon, fixing the penalty within the limits prescribed by the applicable ordinance and imposing sentence accordingly. (1985 Code ch. 12 § 1-29)
E. Judgment Rendered: At the close of trial, judgment must be rendered immediately by the judge who shall cause it to be entered in his docket. (1985 Code ch. 12 § 1-32)
F. Acquittal: If judgment is of acquittal, and the defendant is not to be detained for any other legal cause, he must be discharged at once. (1985 Code ch. 12 § 1-33)
G. Suspension Of Sentence: After conviction and sentence, the judge may suspend sentence, in accordance with the provisions of and subject to the conditions and procedures imposed by 11 Oklahoma Statutes sections 27-123 and 27-124. (1985 Code ch. 12 § 1-34; amd. 2016 Code)
A. Fees And Mileage Allowed: Witnesses in any proceeding in the court, other than 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 city). However, no witness shall receive fees or mileage in more than one case for the same period of time or the same travel.
B. Deposit From Defendant; Exception For Indigents:
1. Deposit Required: 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.
2. Indigent Defendants:
a. Such deposit shall not be required from an indigent defendant who files an affidavit setting out:
(1) The names of no more witnesses than the judge for the city shall determine to be just, necessary and reasonable for the proper defense of the indigent's case;
(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 said witnesses is material; and
(4) That their attendance at the trial is necessary for his proper defense.
b. In any case where an indigent defendant has properly filled out and filed with the city an affidavit setting forth the information mentioned in subsection B2a of this section, then the fees of such witnesses shall be paid by the city. (1985 Code ch. 12 § 1-31; amd. 2016 Code)
A. Judgment Of Imprisonment: 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.
B. Work During Imprisonment: 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 for serving two (2) days of imprisonment under his sentence.
C. Supervision Of Work: The chief of police, subject to the direction of the mayor, 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. (1985 Code ch. 12 § 1-35)
In Instances in which a person is charged with an offense and prosecuted in the Jay Municipal Court, where such individual is incapable of communicating in the English language by reason of deafness or as a non-English speaking person, the City shall engage and pay for the services of a translator capable of communicating with the Defendant and to serve as an interpreter for the Defendant. (Ord. 366, 1-3-2023)