Cherokee Municipal Court – Cherokee, OK

by | Oct 26, 2021

A municipal court is a court with small area of authority over criminal offenses and civil matters within its area. These courts can be found at the city or county tier.

Cherokee Municipal Court INformation

Court: Cherokee Municipal Court
Address: “121 North Grand Avenue, Cherokee, OK 73728”
Phone: 580-596-3052

City: Cherokee
County: Alfalfa
State: Oklahoma

What is the role of the Cherokee Municipal Court?

Municipal Courts are often called “courts of limited jurisdiction.” This means that they handle minor crimes, civil disputes, and traffic incidents. Courthouses like Cherokee Municipal Court are the first level of court for this group of matters.

On the other hand, the role of a county court is to deal with a large number of civil disputes within the respective region. Most cases involve divorce or other family matters, personal injury cases, more serious criminal charges, or contract disputes.

County courthouses have the jurisdiction to deal with misdemeanors and civil matters that won’t exceed the amount of $15k, while the circuits courts handle felony matters and larger civil cases.

TYPES OF affairs HEARD IN A MUNICIPAL COURT in Cherokee, Oklahoma

Municipal courts are the entry level of courts in the U.S.. They are usually found within the jurisdiction where they are located, but some places share municipal courts with other municipalities.

This can be done to better assist their people or to save money on expenditures. The matters that may be heard by a municipal court vary depending on the municipality, but typically include traffic violations, low level criminal charges and code infractions.

There is no set definition for what establishes a misdemeanor charge versus a felony, but generally speaking felonies would require more time in jail than misdemeanor crimes and fines may also be higher for felonies. Traffic violations usually result in points against your driver’s license as well

What’s the process for cases in the municipal court in Cherokee?

Municipal courts are the lowest level of the court system in the United States. They have jurisdiction over minor crimes, traffic violations, and other civil matters. Municipal courts are have often been called city courts or town courts. Matters are handled by a magistrate who is usually an attorney, judge, or retired judge. Magistrates may be appointed by the mayor or city council board to assist for a specific time period.

Judges preside over hearings to determine:

  • Probable cause for an arrest
  • Set bail amounts and conditions of release
  • Conduct arraignment hearings when charges are filed against individuals by police officers
  • Issue search warrants to police officers in order to secure evidence from crime scenes
  • start preliminary examinations to determine if there is enough evidence to charge

The usual process of a Municipal Court Case

The common path of a municipal courthouse case can be tricky. The next portion is an overview of the common items involved in a regular municipal court matter.

Step One: Issuance of Summons

A court summons is given when a person has been charged with violating a city rule or state law. The citizen who has received the court summons will need to be present at their assigned time and place, which is usually the municipal courtroom, to answer for the charge(s) against them. If they never appear, they may be found guilty in absentia and could be fined up to $1k or given a jail term if it’s a serious enough offense.

Step Two: Appearance before Judge or Magistrate

If someone fails to show up after being summoned by the judge, there may be a warrant issued for the individual. 

Municipal Court Penalties in Cherokee, OK

Penalties change often, which is why it’s good to speak with licensed attorney near you. The material below represents common penalties, but may not be accurate for the Cherokee Municipal Court. 

A violation is a crime that carries a penalty of $500 or below, while a misdemeanor crime can possess penalties up to $1,000.00 or one year in jail. A person’s driving privileges may be suspended for six months if they receive three speeding tickets within 12 months.

The penalties for different offenses in municipal courts vary depending on the severity of an crimes. For example, if you are caught with marijuana without having a license for it then you could be fined up to $2,000 or spend up to six months in jail.

Cherokee Municipal Court Records

Municipal Court records from a municipal court could be difficult to find because they are not always stored in one place or system. The records that an individual might need to depend on the matter they have before the court, what stage it is at in the process, and what kind of of information is required by law to be present.

Questions ABOUT the Cherokee Municipal Court

What is municipal court in Cherokee, Oklahoma?

In Oklahoma, the municipal court is a lower court with civil and criminal matters within a town or municipality. Municipal courts have a small jurisdiction and have limited authority as well, dealing only with petty crimes and misdemeanor crimes.

What does the municipal court handle in Cherokee, Oklahoma?

Depending on the scope of the municipality, a municipal court can handle a civil division (cases with less than  $15,000 at issue), a traffic/criminal division, or a housing and environmental division. Serious cases/crimes are handled by higher authorities.

How many judges does the Cherokee Municipal Court have?

The count of judges depends on the municipality’s population.

How are cases heard in municipal courts in Oklahoma?

A municipal courthouse judge may be either elected or appointed to serve for a set duration or until retirement. Judges are sometimes chosen by the people with each precinct’s results evaluated according to population. Municipal judges are generally not lawyers but have some legal education and must finish several hours of continuing education every period to maintain their credentials.