The City of Oak Creek Municipal Court has exclusive jurisdiction over traffic and ordinance violations that occur within the city limits, for example, first offense drunk or drugged driving, loitering, shoplifting, disorderly conduct, building and health code violations. The court also hears juvenile matters, such as truancy, underage drinking, drug offenses and curfew violations. Municipal courts handle a significant portion of the statewide court caseload in these areas.
In municipal court, there are no jury trials; all cases are decided by the municipal judge. However, a person charged with a first offense drunk or drugged driving may seek a jury trial in circuit court within ten days of an initial municipal court appearance.
Upon disposition of an ordinance violation, the municipal court may order the defendant to pay a monetary forfeiture. This is the primary sentence imposed by municipal court. However, the court may also order alternative sentences such as the revocation / suspension of the defendant's driver's license, the participation in educational programs, or commit the defendant to jail.
All municipal court cases are appealable. Both the City Attorney and the defendant have the right to appeal the case to the circuit court. An appeal to circuit court will be a review of the record unless either party requests a new trial before a judge. The appealing party may also request a six-person jury trial.
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