Case Details

General Information

Case Number
20CRB00689
Attorney Name
Assigned To
Offense Date
5/22/2020
Date Filed
5/27/2020
Waiverable
No
Affiant Name
HILL, DAVE
Affiant Type
City of Findlay PD
Proof of Insurance
Unknown
Muni Name
City of Findlay

Defendant Information

Name
AUSTIN B SMITH
Address Line 1
59 SOUTH 7TH ST
Address Line 2
City
ZANESVILLE
State
OH
ZIP Code
43701
DLN
DOB
12/15/1999

Financial Information

Total Cost
$2,167.00
Total Paid
$0.00
Total Owed
$2,167.00

Vehicle Information

Plate State
OH
Plate Number
Vehicle Year
Vehicle Make
Vehicle Model
Vehicle Color

Warrant Information

Active Warrants
Yes

Counts

Count Number Citation Number Statute Code Statute Description Plea Finding Finding Date Adjudicated By
1 202009734 513.04A POSSESS DRUG ABUSE INSTRUMENTS NO CONTEST GUILTY 12/27/2023 MATTHEW A CUNNINGHAM
Count Number
1
Citation Number
202009734
Statute Code
513.04A
Statute Description
POSSESS DRUG ABUSE INSTRUMENTS
Plea
NO CONTEST
Finding
GUILTY
Finding Date
12/27/2023
Adjudicated By
MATTHEW A CUNNINGHAM

Hearing Information

Description Court Date/Time Court Room Heard By
STATUS CONFERENCE 2/26/2024 10:00:00 AM STEPHANIE M BISHOP
Arraignment 12/27/2023 2:00:00 PM
Arraignment 6/29/2022 8:30:00 AM
HEARING ON WARRANT 2/3/2021 8:30:00 AM
Arraignment 9/30/2020 8:30:00 AM
Continued 9/16/2020 8:30:00 AM
Continued 9/2/2020 8:30:00 AM
Continued 8/26/2020 8:30:00 AM
Continued 8/12/2020 8:30:00 AM
Arraignment 7/8/2020 8:30:00 AM
Continued 6/24/2020 8:30:00 AM
Continued 6/10/2020 8:30:00 AM
Continued 5/27/2020 8:30:00 AM 202

Docket Information

Entry Date Entry Text
3/4/2024 Warrant Block Sent to BMV
3/1/2024 BW (FTA STATUS CONF HRG C/R) ISSUED TO FPD FOR SERVICE
2/29/2024 FTA STATUS CONFERENCE CR Issued
2/29/2024 Warrant issued for FTA STATUS CONFERENCE HEARING CR on 02/29/2024
1/4/2024 Warrant Block Release Sent to BMV
12/29/2023 COMMITMENT RETURNED BY HSO (CORDER) FOR 10 DAYS ON 12/27/2023 AT 3:00PM
12/27/2023 PAYMENT AGREEMENT W/ SANCTIONS Issued
12/27/2023 STATUS CONFERENCE set for 02/26/2024 at 10:00 AM by
12/27/2023 NOTICE FEE of $5.00 assessed
12/27/2023 Commitment After Conviction Issued
12/27/2023 Plea of NO CONTEST entered on 12/27/2023
12/27/2023 MAGISTRATE SENTENCING ENTRY Issued
12/27/2023 Confinement Jail Time Sentenced 60 Day(s) 5 Credited 45 Suspended
12/27/2023 Finding of GUILTY entered for 513.04A - POSSESS DRUG ABUSE INSTRUMENTS
12/27/2023 The defendant appeared in open court and was advised of the nature of the charge, possible penalties, right to counsel, right to jury/court trial, other rights and the various pleas available.The defendant thereafter entered a plea of NO CONTEST to the charge. The Court heard evidence from the prosecution to substantiate the charge. The court entered a finding of GUILTY to the charge.Parties hereby consent to this matter being heard by the Magistrates. Parties Hereby waive any rights to object to the Magistrates decision. A Party shall not assign or appeal the Court's adoption of a factual finding or legal conclusion unless the party has filed objections pursuant to Rule 17 of the Ohio Rules of Criminal Procedure.It is ORDERED, ADJUDGED, AND DECREED that the defendant is found GUILTY of POSSESS DRUG ABUSE INSTRUMENTSORC/CO 513.04A, and is sentenced as follows:1) A fine of $250.00 plus all costs 2) A jail sentence of 60 Day(s) with 45 Day(s) suspended consecutive to be scheduled by the Clerk's office. The defendant is ordered to pay all costs of confinement in a jail or other residential facility pursuant to ORC 2929.28, including but not limited to, a per diem fee for room and board in the jail of up to $108.00 per day, and any other costs provided by statute. 3) Credit for 5 Day(s) days served. 4) No criminal conduct for 1 Year(s).
12/26/2023 Arraignment set for 12/27/2023 at 02:00 PM
12/26/2023 BW (FTA ARRN) SERVED BY FPD (STONER) W/ SERVE FEE $ 20.00
12/26/2023 Warrant for FTA CR HEARING served On 12/26/2023
7/5/2022 Warrant Block Sent to BMV
6/30/2022 BW (FTA ARRN) ISSUED TO FPD FOR SERVICE
6/29/2022 This matter came on for consideration this day 06/29/2022. The defendant having been duly served, failed to appear. It is therefore ORDERED that a Bench Warrant for the Defendant's arrest over a cash or surety bond in the amount of $1000.00.It is further ordered that the delay be charged against the Defendant pursuant to Revised Code 2945.72(D).
6/29/2022 JE Continuance Issued
6/29/2022 BENCH WARRANT FEE of $25.00 assessed
6/29/2022 CR FTA Hearing Bench Warrant Issued
6/29/2022 Warrant issued for FTA CR HEARING on 06/29/2022
6/21/2022 Warrant Block Release Sent to BMV
6/14/2022 RECALLED BW (FTC BOND CONDITIONS) WITH FPD (RAYLE) VIA PHONE AND FAX
6/14/2022 Warrant for FTC BOND CONDITIONS - BOND Recalled On 06/14/2022
6/14/2022 BW RECALL - FINDLAY PD Issued
6/14/2022 Arraignment set for 06/29/2022 at 08:30 AM
6/14/2022 TC Judgment Entry Issued
6/14/2022 Judgment This Day, June 14, 2022 This matter came on for consideration. It is the order, judgment and decree of this court that THIS MATTER COMES BEFORE THE COURT TODAY UPON THE COURTS OWN MOTION. THE COURT HAS BEEN INFORMED THAT THE DEFENDANT HAS BEEN INCARCERATED AT THE LAKE ERIE CORRECTIONAL FACILITY AND IS BEING RELEASED TODAY. IT IS THEREFORE ORDERED THAT THE WARRANT IN THIS CASE BE RECALLED. THE DEFENDANT SHALL BE GIVEN A NEW COURT DATE OF WEDNESDAY, JUNE 29, 2022 AT 8:30 AM. SPEEDY TRIAL TIME TOLLED. KEVIN C SMITH VISITING JUDGE
5/25/2021 Finding of UNAVAILABLE entered for 513.04A - POSSESS DRUG ABUSE INSTRUMENTS
3/9/2021 DEFTS COPY OF BW AND CONTINUANCE FORMS RETURNED BY USPS FROM 1242 CRYSTAL GLEN BLV APT E FINDLAY OH 45840 STATING RETURN TO SENDER NOT DELIEVERABLE AS ADDRESSED UNABLE TO FORWARD
2/8/2021 Warrant Block Sent to BMV
2/4/2021 BW (FTA HEARING ON WARRANT) ISSUED TO FPD FOR SERV
2/3/2021 This matter came on for consideration this day 02/03/2021. The defendant having been duly served, failed to appear. It is therefore ORDERED that a Bench Warrant for the Defendant's arrest over a cash or surety bond in the amount of $1000.00.It is further ordered that the delay be charged against the Defendant pursuant to Revised Code 2945.72(D).
2/3/2021 JE Continuance Issued
2/3/2021 BENCH WARRANT FEE of $25.00 assessed
2/3/2021 FTC Bond Conditions BW Issued
2/3/2021 Warrant issued for FTC BOND CONDITIONS - BOND on 02/03/2021
1/25/2021 Warrant Block Release Sent to BMV
1/25/2021 HEARING ON WARRANT set for 02/03/2021 at 08:30 AM
1/25/2021 BW (FTA ARRN) RETURNED BY FPD (PLUMLEY) WITH $21.50 FEE
1/25/2021 Warrant for FTA CR HEARING was Served on 01/22/2021
1/22/2021 BW (FTA ARRN) SERVED BY FPD (PLUMLEY)
10/7/2020 Warrant Block Sent to BMV
9/30/2020 BW (FTA ARRN) ISSUED TO FPD FOR SERV
9/30/2020 This matter came on for consideration this day 09/30/2020. The defendant having been duly served, failed to appear. It is therefore ORDERED that a Bench Warrant for the Defendant's arrest over a cash or surety bond in the amount of $1000.00.It is further ordered that the delay be charged against the Defendant pursuant to Revised Code 2945.72(D).
9/30/2020 JE Continuance Issued
9/30/2020 BENCH WARRANT FEE of $25.00 assessed
9/30/2020 CR FTA Hearing Bench Warrant Issued
9/30/2020 Warrant issued for FTA CR HEARING on 09/30/2020
9/16/2020 This matter came on for consideration this day 09/16/2020. The defendant having been duly served, failed to appear. It is therefore ORDERED, ADJUDGED, AND DECREED that this matter be continued until 09/30/2020 at 08:30 AM. It is further ordered that the delay be charged against the Defendant pursuant to Revised Code 2945.72(D).
9/16/2020 JE Continuance Issued
9/16/2020 Arraignment continued to 09/30/2020 at 08:30 AM
8/31/2020 Arraignment continued to 09/16/2020 at 08:30 AM
8/31/2020 MOTION FOR CONTINUANCE OF ARRN GRANTED by ALAN D HACKENBERG JUDGE on 08/31/2020 (CONTINUANCE GRANTED. RESET FOR 09/16/2020 AT 8:30AM. DEFENDANT SHALL CONTINUE TO REOPRT AS DIRECTED BY FMC PROBATION DEPARTMENT. SPEEDY TRIAL TIME TOLLED PER ORC 2945.72 ET SEQ)
8/31/2020 Written MOTION FOR CONTINUANCE OF ARRN filed by DEFENDANT BY FAX on 08/31/2020
8/26/2020 This matter came on for consideration this day 08/26/2020. The defendant having been duly served, failed to appear. It is therefore ORDERED, ADJUDGED, AND DECREED that this matter be continued until 09/02/2020 at 08:30 AM. It is further ordered that the delay be charged against the Defendant pursuant to Revised Code 2945.72(D).
8/26/2020 JE Continuance Issued
8/26/2020 Arraignment continued to 09/02/2020 at 08:30 AM
8/12/2020 This matter came on for consideration this day 08/12/2020. The defendant appeared in open court and was advised of the charge, penalty, available pleas, and legal rights. The Defendant suggested indigency and requested the appointment of counsel. It is therefore ORDERED, ADJUDGED, AND DECREED that this case be continued until 08/26/2020 at 08:30 AM and that the Defendant shall contact the Hancock County Public Defender's Office, 100 E Main Cross St Ste 200, Findlay, Ohio at (419) 424-7276 If the Hancock County Public Defender declines to represent the Defendant or if the Defendant failed to contact the Hancock County Public Defender before 08/26/2020 the Defendant is ORDERED to reappear for arraignment on the date listed above. with the conditions of NO CONSUMPTION OR POSSESSION OF ALCOHOL OR DRUGS, NO DRUG PARA/INSTRUMENTSIt is further ordered that the delay be charged against the Defendant pursuant to Revised Code 2945.72(C).It is further ordered that the defendant be released upon signing/posting of OR BOND , and further upon the condition(s) as stated on the bond.Not to Consume or Possess Alcohol and/or Drugs of abuse during the pendency of the case.No possession of drug paraphernalia or drug abuse instruments. REPORT WEEKLY FOR PRE-TRIAL BOND SERVICES
8/12/2020 JE Continuance Issued
8/12/2020 Arraignment continued to 08/26/2020 at 08:30 AM
8/12/2020 PERSONAL APPEARANCE RECOG Issued
8/11/2020 Arraignment changed to 08/12/2020 at 08:30 AM
8/10/2020 Warrant Block Release Sent to BMV
8/7/2020 HEARING ON WARRANT set for 08/12/2020 at 08:30 AM
8/7/2020 BW (FTA ARRN) RETURNED BY FPD (SMITH) WITH SERVICE $21.50 FEE
8/7/2020 BW (FTA ARRN) SERVED BY FPD (SMITH)
8/7/2020 Warrant for FTA CR HEARING was Served on 08/06/2020
7/13/2020 Warrant Block Sent to BMV
7/8/2020 BW (FTA ARRN) ISSUED TO FPD FOR SERVICE
7/8/2020 This matter came on for consideration this day 07/08/2020. The defendant having been duly served, failed to appear. It is therefore ORDERED that a Bench Warrant for the Defendant's arrest over a cash or surety bond in the amount of $1000.00.It is further ordered that the delay be charged against the Defendant pursuant to Revised Code 2945.72(D).
7/8/2020 JE Continuance Notice Issued
7/8/2020 CR FTA Hearing Bench Warrant Notice Issued
7/8/2020 BENCH WARRANT FEE of $25.00 assessed
7/8/2020 CASH OR SURETY Bond Set for $1000.00
7/8/2020 Warrant issued for FTA CR HEARING on 07/08/2020
6/24/2020 This matter came on for consideration this day 06/24/2020. The defendant having been duly served, failed to appear. It is therefore ORDERED, ADJUDGED, AND DECREED that this matter be continued until 07/08/2020 at 08:30 AM. It is further ordered that the delay be charged against the Defendant pursuant to Revised Code 2945.72(D).
6/24/2020 JE Continuance Notice Issued
6/24/2020 Arraignment continued to 07/08/2020 at 08:30 AM
6/10/2020 This matter came on for consideration this day 06/10/2020. The defendant appeared in open court and was advised of the charge, penalty, available pleas, and legal rights. The Defendant suggested indigency and requested the appointment of counsel. It is therefore ORDERED, ADJUDGED, AND DECREED that this case be continued until 06/24/2020 at 08:30 AM and that the Defendant shall contact the Hancock County Public Defender's Office, 100 E Main Cross St Ste 200, Findlay, Ohio at (419) 424-7276 If the Hancock County Public Defender declines to represent the Defendant or if the Defendant failed to contact the Hancock County Public Defender before 06/24/2020 the Defendant is ORDERED to reappear for arraignment on the date listed above. with the conditions of NO CONSUMPTION OR POSSESSION OF ALCOHOL OR DRUGS, NO DRUG PARA/INSTRUMENTSIt is further ordered that the delay be charged against the Defendant pursuant to Revised Code 2945.72(C).It is further ordered that the defendant be released upon signing/posting of OR BOND , and further upon the condition(s) as stated on the bond.Not to Consume or Possess Alcohol and/or Drugs of abuse during the pendency of the case.No possession of drug paraphernalia or drug abuse instruments.
6/10/2020 JE Continuance Notice Issued
6/10/2020 Arraignment continued to 06/24/2020 at 08:30 AM
6/10/2020 PERSONAL APPEARANCE RECOG Notice Issued
5/27/2020 This matter came on for consideration this day 05/27/2020. The defendant having been duly served, failed to appear. It is therefore ORDERED, ADJUDGED, AND DECREED that this matter be continued until 06/10/2020 at 08:30 AM. It is further ordered that the delay be charged against the Defendant pursuant to Revised Code 2945.72(D).
5/27/2020 JE Continuance Notice Issued
5/27/2020 Arraignment continued to 06/10/2020 at 08:30 AM
5/27/2020 IN THE MUNICIPAL COURT OF FINDLAY, OHIO : PLAINTIFF, : CASE NO. _20CRB00689_______ : -vs- : JUDGMENT ENTRY – DETERMINATION : OF PROBABLE CAUSE ____AUSTIN B SMITH_______ : DEFENDANT. : This matter came on this _24TH_ day of _MAY____, 2020_, for a determination of probable cause concerning the arrest of the Defendant for a charge of __POSSESSION DRUG ABUSE INSTRUMENTS 513.04(A) M2___, a violation of § _FINDLAY CODIFIED ORDINANCE_____. Upon consideration of the available evidence, the Court finds that there exists probable cause to believe that said Defendant committed the offense specified. It is therefore ORDERED that said defendant be brought to the Court for arraignment at the earliest available opportunity. It is further ORDERED that Bond be set as follows: Personal Recognizance CONDITIONS OF RELEASE: NO consumption/possession of any alcohol and/or drugs of abuse during the pendency of the case. The defendant is subject to random testing by the Court to verify compliance while the case is pending. WEDNESDAY MAY 27 ___, 2020_ AT _8:30AM__. FAILURE TO ABIDE BY CONDITIONS AND/OR FAILURE TO APPEAR PROMPTLY FOR COURT CAN RESULT IN THE BOND BEING REVOKED AND/OR A WARRANT BEING ISSUED. __MARK C MILLER____ ____05/24/2020____ JUDGE, FINDLAY MUNICIPAL COURT DATE Arresting Agency: ___FINDLAY POLICE DEPARTMENT_______
5/27/2020 Arraignment set for 05/27/2020 at 08:30 AM in room 202
5/27/2020 Case Filed on 05/27/2020

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