Okla. Stat. tit. 11, § 11-28-102
This is the official text of Okla. Stat. tit. 11, § 11-28-102, part of Oklahoma’s Stat. tit. 11, — part of the compiled statutory law of Oklahoma, published by the state as "Stat. tit. 11,." Browse the sections below, each linked to its official government source.
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Jurisdiction of criminal court of record - Jury trial -
Official statutory text
Maximum punishment - Double jeopardy.
A. The municipal criminal courts of record shall have original
jurisdiction to hear and determine all prosecutions when a violation
of any of the ordinances of the city where the court is established
is charged, as provided by Article VII, Section 1 of the Oklahoma
Constitution.
B. In cases when the penalty provided for the violation of an
ordinance is a fine in the amount of more than Five Hundred Dollars
($500.00), excluding court costs, or by imprisonment, or by both
such fine and imprisonment, all persons charged before such
municipal criminal court of record shall be entitled to a trial by
jury, unless waived by the defendant. Judgment and sentence imposed
by the judge shall be as effective as if the same had been rendered
and imposed by a jury.
C. The maximum punishment that may be levied in any municipal
criminal court of record is a fine not exceeding One Thousand Two
Hundred Dollars ($1,200.00) and costs, an imprisonment not to exceed
six (6) months, or both such fine and imprisonment. Provided, the
maximum punishment that may be levied in any municipal criminal
court of record for violations of municipal traffic ordinances not
including ordinances relating to driving a motor vehicle under the
influence of alcohol or drugs is a fine not exceeding One Thousand
Two Hundred Fifty Dollars ($1,250.00) and costs, an imprisonment not
to exceed ninety (90) days, or both such fine and imprisonment. If
a fine exceeding Seven Hundred Fifty Dollars ($750.00) is imposed
for an alcohol-related or drug-related traffic offense, the amount
in excess of Seven Hundred Fifty Dollars ($750.00) shall be used to
defray costs for enforcement of laws relating to juvenile access to
alcohol, other laws relating to alcohol and other intoxicating
substances, and traffic-related offenses involving alcohol or other
intoxicating substances. Provided, further that any municipal
criminal court of record may levy a fine not to exceed One Thousand
Dollars ($1,000.00) and costs, an imprisonment not to exceed six (6)
months, or both such fine and imprisonment for violations of
municipal ordinances regulating the pretreatment of wastewater and
regulating stormwater discharges. Provided, further, that for
violations of municipal ordinances relating to prostitution,
including but not limited to engaging in prostitution or soliciting
or procuring prostitution, any municipal criminal court of record in
cities with more than two hundred thousand (200,000) in population
may levy an imprisonment not to exceed six (6) months, and fines as
follows: a fine not to exceed Two Thousand Five Hundred Dollars
($2,500.00) upon the first conviction for violation of any such
ordinances, a fine of not more than Five Thousand Dollars
($5,000.00) upon the second conviction for violation of any of such
Oklahoma Statutes - Title 11. Cities and Towns Page 255
ordinances, and a fine of not more than Seven Thousand Five Hundred
Dollars ($7,500.00) upon the third or subsequent convictions for
violation of any of such ordinances, or both such fine and
imprisonment, as well as a term of community service of not less
than forty (40) nor more than eighty (80) hours. If imprisonment is
available for the offense, then that person charged shall have a
right to a jury trial.
D. A defendant who has been in jeopardy for the same or any
lesser included offense in the municipal criminal court of record or
district court shall not be prosecuted in any other court for the
same or a lesser included offense.
A. The municipal criminal courts of record shall have original
jurisdiction to hear and determine all prosecutions when a violation
of any of the ordinances of the city where the court is established
is charged, as provided by Article VII, Section 1 of the Oklahoma
Constitution.
B. In cases when the penalty provided for the violation of an
ordinance is a fine in the amount of more than Five Hundred Dollars
($500.00), excluding court costs, or by imprisonment, or by both
such fine and imprisonment, all persons charged before such
municipal criminal court of record shall be entitled to a trial by
jury, unless waived by the defendant. Judgment and sentence imposed
by the judge shall be as effective as if the same had been rendered
and imposed by a jury.
C. The maximum punishment that may be levied in any municipal
criminal court of record is a fine not exceeding One Thousand Two
Hundred Dollars ($1,200.00) and costs, an imprisonment not to exceed
six (6) months, or both such fine and imprisonment. Provided, the
maximum punishment that may be levied in any municipal criminal
court of record for violations of municipal traffic ordinances not
including ordinances relating to driving a motor vehicle under the
influence of alcohol or drugs is a fine not exceeding One Thousand
Two Hundred Fifty Dollars ($1,250.00) and costs, an imprisonment not
to exceed ninety (90) days, or both such fine and imprisonment. If
a fine exceeding Seven Hundred Fifty Dollars ($750.00) is imposed
for an alcohol-related or drug-related traffic offense, the amount
in excess of Seven Hundred Fifty Dollars ($750.00) shall be used to
defray costs for enforcement of laws relating to juvenile access to
alcohol, other laws relating to alcohol and other intoxicating
substances, and traffic-related offenses involving alcohol or other
intoxicating substances. Provided, further that any municipal
criminal court of record may levy a fine not to exceed One Thousand
Dollars ($1,000.00) and costs, an imprisonment not to exceed six (6)
months, or both such fine and imprisonment for violations of
municipal ordinances regulating the pretreatment of wastewater and
regulating stormwater discharges. Provided, further, that for
violations of municipal ordinances relating to prostitution,
including but not limited to engaging in prostitution or soliciting
or procuring prostitution, any municipal criminal court of record in
cities with more than two hundred thousand (200,000) in population
may levy an imprisonment not to exceed six (6) months, and fines as
follows: a fine not to exceed Two Thousand Five Hundred Dollars
($2,500.00) upon the first conviction for violation of any such
ordinances, a fine of not more than Five Thousand Dollars
($5,000.00) upon the second conviction for violation of any of such
Oklahoma Statutes - Title 11. Cities and Towns Page 255
ordinances, and a fine of not more than Seven Thousand Five Hundred
Dollars ($7,500.00) upon the third or subsequent convictions for
violation of any of such ordinances, or both such fine and
imprisonment, as well as a term of community service of not less
than forty (40) nor more than eighty (80) hours. If imprisonment is
available for the offense, then that person charged shall have a
right to a jury trial.
D. A defendant who has been in jeopardy for the same or any
lesser included offense in the municipal criminal court of record or
district court shall not be prosecuted in any other court for the
same or a lesser included offense.
Status: in_force · Read it on the official government site
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