Okla. Stat. tit. 11, § 11-28-114
This is the official text of Okla. Stat. tit. 11, § 11-28-114, 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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Procedures upon arrest
Official statutory text
A. Except as otherwise provided in this section, if a resident
of a municipality served by a municipal court is arrested by a law
enforcement officer for the violation of any ordinance for which
Section 28-114.1 of this title does not apply, or is arrested for
violation of a nontraffic ordinance, the officer shall immediately
release said person if the person acknowledges receipt of a citation
by signing it. Provided, however, the arresting officer need not
release said person if it reasonably appears to the officer that the
person may cause injury to self or others or damage to property if
released, that the person will not appear in response to the
citation, or the person is arrested for an offense against a person
or property. If said person fails to appear in response to the
citation, a warrant shall be issued for the person’s arrest and the
person’s appearance shall be compelled.
If the arrested resident is not released by being permitted to
sign a citation as provided for in this subsection, the resident
shall be admitted to bail either before or after arraignment, or
shall be released on personal recognizance. A municipality may
prescribe a fine for up to the maximum amount authorized by courts
not of record for failure of a person to have a valid driver license
when charged with a traffic violation.
B. If a nonresident of a municipality served by a municipal
court is arrested by a law enforcement officer for a violation of
any ordinance for which Section 28-114.1 of this title does not
apply, the defendant shall be eligible to be admitted to bail either
before or after arraignment.
C. The amount and conditions of bail granted pursuant to the
provisions of subsections A and B of this section shall be
determined by the judge, within the limitation prescribed by this
section, who shall prescribe rules for the receipt of bail and for
the release on personal recognizance. In the event of arrests at
night, emergencies, or when the judge is not available, a court
official, the chief of police or the chief’s designated
representative may be authorized by the judge, subject to such
conditions as shall be prescribed by the judge, to accept a
temporary cash bond in a sufficient amount to secure the appearance
of the accused. Except as provided in this subsection, cash bond
shall not exceed the maximum fine provided for by ordinance for each
offense charged. The court official, chief of police or the chief’s
designated representative is authorized, subject to such conditions
as shall be prescribed by the judge or by law, to release a resident
of the municipality on personal recognizance. Provided, however,
that a person arrested in a municipality for violations of municipal
Oklahoma Statutes - Title 11. Cities and Towns Page 262
ordinances relating to prostitution, including but not limited to
engaging in prostitution or soliciting or procuring prostitution,
shall not be released on personal recognizance.
of a municipality served by a municipal court is arrested by a law
enforcement officer for the violation of any ordinance for which
Section 28-114.1 of this title does not apply, or is arrested for
violation of a nontraffic ordinance, the officer shall immediately
release said person if the person acknowledges receipt of a citation
by signing it. Provided, however, the arresting officer need not
release said person if it reasonably appears to the officer that the
person may cause injury to self or others or damage to property if
released, that the person will not appear in response to the
citation, or the person is arrested for an offense against a person
or property. If said person fails to appear in response to the
citation, a warrant shall be issued for the person’s arrest and the
person’s appearance shall be compelled.
If the arrested resident is not released by being permitted to
sign a citation as provided for in this subsection, the resident
shall be admitted to bail either before or after arraignment, or
shall be released on personal recognizance. A municipality may
prescribe a fine for up to the maximum amount authorized by courts
not of record for failure of a person to have a valid driver license
when charged with a traffic violation.
B. If a nonresident of a municipality served by a municipal
court is arrested by a law enforcement officer for a violation of
any ordinance for which Section 28-114.1 of this title does not
apply, the defendant shall be eligible to be admitted to bail either
before or after arraignment.
C. The amount and conditions of bail granted pursuant to the
provisions of subsections A and B of this section shall be
determined by the judge, within the limitation prescribed by this
section, who shall prescribe rules for the receipt of bail and for
the release on personal recognizance. In the event of arrests at
night, emergencies, or when the judge is not available, a court
official, the chief of police or the chief’s designated
representative may be authorized by the judge, subject to such
conditions as shall be prescribed by the judge, to accept a
temporary cash bond in a sufficient amount to secure the appearance
of the accused. Except as provided in this subsection, cash bond
shall not exceed the maximum fine provided for by ordinance for each
offense charged. The court official, chief of police or the chief’s
designated representative is authorized, subject to such conditions
as shall be prescribed by the judge or by law, to release a resident
of the municipality on personal recognizance. Provided, however,
that a person arrested in a municipality for violations of municipal
Oklahoma Statutes - Title 11. Cities and Towns Page 262
ordinances relating to prostitution, including but not limited to
engaging in prostitution or soliciting or procuring prostitution,
shall not be released on personal recognizance.
Status: in_force · Read it on the official government site
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