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A. Form Of Warrant: Except as otherwise provided in the ordinances of the city, upon the filing of a complaint approved by the endorsement of the city attorney or by the judge, there shall be issued a warrant of arrest, in such form as prescribed by the court.
B. Execution Of Warrant: It is the duty of the chief of police, personally, or through a duly constituted member of the police force of the city, or through any other person lawfully authorized so to act, to execute a warrant as promptly as possible. (1985 Code § 6-123; amd. 2007 Code)
A. Procedure: 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 fifty dollars ($50.00) nor more than the maximum monetary penalty provided by ordinance for the offense charged. (1985 Code § 6-124; amd. 2007 Code)
B. Arrest For Traffic Violation Other Than Parking Or Standing; Bail: If a resident or nonresident of the municipality is arrested by a law enforcement officer solely for a misdemeanor violation of a traffic ordinance, other than an ordinance pertaining to a parking or standing traffic violation, and the arrested person is eligible to sign a written promise to appear and be released upon personal recognizance as provided for in 22 Oklahoma Statutes section 1115.1, then the procedures provided for in the state and municipal traffic bail bond procedure act as applied to municipalities, shall govern. The municipal judge shall prescribe a bail bond schedule for traffic offenses. The amount of bail shall not exceed the maximum fine and costs provided by ordinance for each offense, unless the defendant has a previous history of failing to appear according to the terms or conditions of a bond, in which case the amount of bail shall not exceed one thousand dollars ($1,000.00). (1985 Code § 6-125; amd. 2007 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 of trial by jury, if available, 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 § 6-126)
A. Postponement: Before trial commences, either party, upon good cause shown, may obtain a reasonable postponement thereof.
B. Presence At Trial: The defendant must be present in person at the trial. (1985 Code § 6-127)
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.
D. Judgment Of Court: 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. Entry In Docket: At the close of trial, judgment must be rendered immediately by the judge who shall cause it to be entered in his docket.
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.
G. Imprisonment: A judgment that the defendant pay a fine may also direct that he be imprisoned until the fine is satisfied at the rate of one day imprisonment for each twenty five dollars ($25.00) of fine. (1985 Code § 6-127; amd. 2007 Code)
A. Trial By Jury Or To Court: In all prosecutions for violations of ordinances punishable by fine of more than five hundred dollars ($500.00), excluding court costs, or by imprisonment, or by both fine and imprisonment, trial shall be by jury, unless waived by the defendant and the city. If trial by jury is waived, trial shall be to the court. (1985 Code § 6-128; amd. 2007 Code)
B. Decision Of Defendant:
1. 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.
2. 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. (1985 Code § 6-128)
A. Fees And Mileage Allowed: 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 city limits. 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 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; and
(4) That their attendance at the trial is necessary for his proper defense.
b. The fees of such witnesses shall be paid by the city. (1985 Code § 6-129)
A. 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 § 6-130)
B. Imprisonment:
1. 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.
2. 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.
3. 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 some person designated by him, shall oversee the work. If a guard is necessary, the Chief of Police shall make provision therefor.
4. The City Manager is hereby authorized to cause prisoners confined in the City Jail for nonpayment of fines or costs assessed against them in the court to be worked and to be credited for work done as provided by State law. The City Manager is hereby authorized to make such reasonable regulations as may be necessary in regard to the working of such prisoners. (1985 Code § 6-131)
C. Fines And Costs: If judgment of conviction is entered, the Clerk of the Court shall tax the costs to the defendant, which shall be the maximum allowed by State law, plus the fees and mileage of jurors and witnesses, but the total amount of fine may not exceed the amount set out in section 1-4-1 of this title.
The Clerk of the Court shall tax the defendant in a sum not exceeding thirty dollars ($30.00) plus the fees and mileage of jurors and witnesses, all of which the defendant shall pay, in addition to any fine or administrative fees that may be imposed, and in addition to any State mandated fees or costs. No Court cost will be assessed for parking or seat belt violations. (1985 Code §§ 6-130 through 6-132; amd. Ord. 2024-2, 4-8-2024)
A. CLEET:
1. Any person convicted of an offense, including traffic offenses, but excluding parking and standing violations, when such offense is punishable by a fine of ten dollars ($10.00) or more or by incarceration or any person forfeiting bond when charged with such an offense, shall be ordered by the Municipal Court to pay ten dollars ($10.00) as a separate fee, which fee shall be in addition to and not in substitution for any and all fines and penalties otherwise provided for by law for such offense. (Ord. 2017-9, 8-14-2017, eff. 8-25-2017)
2. Upon conviction or bond forfeiture, the Municipal Court shall collect the fee provided for in subsection A1 of this section and deposit it in an account created for that purpose. Said fees shall be forwarded monthly by the Municipal Court Clerk to the Council on Law Enforcement Education and Training (CLEET) before the fifteenth day of each month for the preceding calendar month. (Ord., 2-14-2005)
B. AFIS: In addition to the fees imposed by subsection A of this section, any person convicted of an offense, including traffic offenses, but excluding parking and standing violations, when such offense is punishable by a fine of ten dollars ($10.00) or more or by incarceration or any person forfeiting bond when charged with such an offense, shall be ordered by the Municipal Court to pay ten dollars ($10.00) for each offense for the AFIS Fund created by 74 Oklahoma Statutes section 150.25 as a separate fee, which shall be in addition to and not in substitution for any and all fines and penalties otherwise provided for by law for such offense. The fee shall be collected at the same time as the fees provided for in subsection A of this section and shall be paid directly to the AFIS Fund each month. The balance shall be deposited in the General Revenue Fund by the Municipal Court Clerk until the said monthly payment is made.
C. Forensic Science Improvement Assessment: In addition to the fees imposed by subsections A and B of this section, any person convicted of an offense, excluding traffic offenses, parking and standing violations, when such offense is punishable by a fine of ten dollars ($10.00) or more or by incarceration or any person forfeiting bond when charged with such an offense, shall be ordered by the Municipal Court to pay a forensic science improvement assessment in the amount of ten dollars ($10.00) for each offense as a separate fee, which fee shall be in addition to and not in substitution for any and all fines and penalties otherwise provided for by law for such offense. The assessment shall be collected at the same time as the fees provided for in subsections A and B of this section and shall be paid directly each month to the Oklahoma State Bureau of Investigation for deposit into the Forensic Science Improvement Revolving Fund, less five percent (5%) of the assessment collected which may be retained by the Municipal Court Clerk as authorized by 20 Oklahoma Statutes section 1313.4. The balance shall be deposited in the General Revenue Fund by the Municipal Court Clerk until the said monthly payment is made. Any funds deposited as required by this subsection shall be listed as a separate item from other deposits made pursuant to subsections A and B of this section. (Ord. 2017-10, 8-14-2017, eff. 11-1-2017)
D. Medical Expense Liability Revolving Fund: In addition to the fees imposed by subsections A, B, and C of this section, any person convicted of an offense, excluding traffic offenses, parking and standing violations, but including violations of 47 Oklahoma Statutes section 11-902 or the Municipal ordinance for said offense, when such offense is punishable by a fine of ten dollars ($10.00) or more or by incarceration or any person forfeiting bond when charged with such an offense, shall be ordered by the Municipal Court to pay ten dollars ($10.00) for each offense to the Medical Expense Liability Revolving Fund for the State as created by 19 Oklahoma Statutes section 746, as a separate fee, which fee shall be in addition to and not in substitution for any and all fines and penalties otherwise provided for by law for such offense. The fee shall be collected at the same time as the fees provided for in subsections A, B, and C of this section and shall be paid directly to the Medical Expense Liability Fund each month. The balance shall be deposited in the General Revenue Fund by the Municipal Court Clerk until the said monthly payment is made.
E. Responsibility Of Court Clerk: It shall be the responsibility of the Municipal Court Clerk to account for and ensure the correctness and accuracy of payments made to the State agencies identified in subsections A, B, C, and D of this section.
F. Authority To Increase Fees: If any of the amounts listed in subsections A through D of this section shall be increased by subsequent State Statute, or if any new fees shall be mandated by the State which Municipal Court is required to collect, the City Council may, by resolution, increase said existing fees or implement said new fees by resolution, so long as said fees are, by State Statute, in addition to, and not a substitution for, any and all fines and penalties otherwise provided by ordinance for the offense. (Ord., 2-14-2005)
G. Collection Fee: In accordance with 11 Oklahoma Statute section 22-138, there is hereby imposed an additional fee of up to thirty five percent (35%) on all debts and accounts receivable, i.e., fines, fees, court costs, restitution, and other debts owed the City of Okemah that have been referred to a private firm (Perdue) for collection. (Ord. 2018-2, 4-9-2018)
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