| 2/2/2024 |
Ability to Pay Issued |
| 2/2/2024 |
Assignment Notice File Issued |
| 2/2/2024 |
ABILITY TO PAY set for 06/11/2024 at 09:30 AM in room 3 by Magistrate MATTHEW A CUNNINGHAM |
| 2/1/2024 |
This 30th day of January 2024, this matter came on to be heard upon the Court's Motion to determine if the Defendant has the ability to pay her fines and costs. The Court finds that the Defendant is present in Court unrepresented. Prior to proceeding with hearing, the Court advised the Defendant of the nature of the hearing and her right to an attorney. The Court asked the Defendant if she wanted to proceed without an attorney. The Court finds that the Defendant desired to proceed without counsel. The State of Ohio was not present.
The Court placed the Defendant under oath. The Defendant presented evidence. From the evidence adduced at hearing, the Court makes the following findings of fact:
The Defendant admitted that she is a drug addict.
The Defendant entered a drug rehabilitation program on September 9, 2023 and was discharged to a sober living facility on October 20, 2023.
Since October, 20, 2023 to the present, The Defendant has been residing at 500 E McPherson Highway, Clyde, Ohio. Said address is a sober living facility owned by BCO which is in partnership with Great Lakes Recovery. The Defendant testified that Medicaid is paying all costs for the sober living facility including rent and utilities.
Prior to residing at the sober living facility, the Defendant either resided with her aunt or sister.
In May of 2024, the sober living facility is requiring the Defendant to vacate the facility.
The Defendant is currently unemployed.
The Defendant has little employment history. In 2019, the Defendant was last employed with City Dry Cleaning, and she lost the job when City Dry Cleaning closed.
Since the Defendant loss the job at City Dry Cleaning, she has not attempted to gain employment because the Defendant was in "active addiction."
The Defendant has one son, who resides with the Defendant's sister, and the Defendant is currently pregnant. The Defendant does not pay child support.
The Defendant does not have a car or a driver's license.
Because the sober living facility is requiring the Defendant to move out of the facility in May, 2024, the Defendant has applied for a job at Speedway. The Speedway is within walking distance.
The Defendant has an interview scheduled with Speedway for February 2, 2024.
The Defendant receives $500.00 per month in food stamps.
The Defendant does not have any other monthly expenses.
The Defendant does not have any bank accounts.
The Defendant testified that she has no health problems or other reasons that prevent her from working.
The Defendant testified that she has the ability to pay on her fines and costs beginning in June 2024.
Based on the above findings and facts, the Magistrate makes the following recommendations:
The Court should find that the Defendant does not have the ability to pay as of January 30, 2024.
Since the Defendant indicated to the Court that she will have the ability to pay beginning in June 2024, the Court should schedule a Ability to Pay/Status Conference hearing for the first available date on the docket in June 2024.
The party is advised that she has a period of fourteen (14) days from the filing of this Magistrate's Decision in which to file written objections to this Decision in accordance with Ohio Criminal Rule 19(D) and rules of this Court. The party is further advised that "a party shall not assign on appeal the Court's adoption of any factual finding or legal conclusion, whether or not specifically designated as finding of fact or conclusion of law
under Crim. R. 19(D)(3)(a)(ii), unless the party has objected to that finding or conclusion as required by Crim. R. 19(D)(3)(b)."
See Crim. R. 19(D)(3)(b)(iv). The objecting party shall file the transcript or affidavit with the Court within thirty days after filing objections unless the court extends the time in writing for preparation of the transcript or other good cause. Crim. R. 19(D)(3)(b)(iii). S/BY MATTHEW A. CUNNINGHAM, MAGISTRATE |
| 1/4/2024 |
Assignment Notice File Issued |
| 1/4/2024 |
ABILITY TO PAY continued to 01/30/2024 at 10:00 AM in room 3 by Magistrate MATTHEW A CUNNINGHAM |
| 1/4/2024 |
TC Judgment Entry Issued |
| 1/4/2024 |
Judgment This Day, January 04, 2024 This matter came on for consideration. It is the order, judgment and decree of this court that THIS MATTER COMES BEFORE THE COURT IN REGARDS TO THE DEFENDANT'S ABILITY TO PAY HEARING SCHEDULED FOR TUESDAY, JANUARY 23, 2024 AT 9:00 A.M. DUE TO THE COURT'S AVAILABILITY ON THAT DATE, THE HEARING HAS BEEN RESCHEDULED FOR TUESDAY, JANUARY 30, 2024 AT 10:00 A.M. THE DEFENDANT SHALL APPEAR OR A WARRANT COULD BE ISSUED FOR HER ARREST. DEFENDANT SHOULD CONTACT AN ATTORNEY BY HER NEXT HEARING DATE IF SHE WISHES TO BE REPRESENTED BY COUNSEL. COPY OF THIS NOTICE SHALL BE SENT TO THE DEFENDANT AT THE LATEST ADDRESS ON FILE.MATTHEW A CUNNINGHAM Magistrate |
| 1/3/2024 |
BALANCE DUE REMINDER Issued |
| 12/18/2023 |
Ability to Pay Issued |
| 12/18/2023 |
Assignment Notice File Issued |
| 12/18/2023 |
ABILITY TO PAY set for 01/23/2024 at 09:00 AM in room 3 by Magistrate MATTHEW A CUNNINGHAM |
| 11/13/2023 |
PAYMENT AGREEMENT W/ SANCTIONS Issued |
| 11/13/2023 |
STATUS CONFERENCE set for 12/18/2023 at 09:30 AM in room 1 by JUDGE ALAN D HACKENBERG |
| 11/13/2023 |
Fines & Costs not paid as ordered case set for Status Conference. |
| 10/24/2023 |
Warrant Block Release Sent to BMV |
| 10/24/2023 |
RECALLED BW (FTA STAT CONF HRG) RETURNED BY FPD |
| 10/20/2023 |
Assignment Notice File Issued |
| 10/20/2023 |
PAYMENT AGREEMENT W/ SANCTIONS Issued |
| 10/20/2023 |
STATUS CONFERENCE set for 11/13/2023 at 10:30 AM in room 1 by JUDGE ALAN D HACKENBERG |
| 10/20/2023 |
BW RECALLED WITH FPD (RAYLE) - FTA STAT CONF HRG CR |
| 10/20/2023 |
BW RECALL - FINDLAY PD Issued |
| 10/20/2023 |
Warrant for FTA STATUS CONFERENCE HEARING CR Recalled On 10/20/2023 |
| 10/20/2023 |
MOTION TO LIFT BENCH WARRANT GRANTED by MATTHEW A CUNNINGHAM Magistrate on 10/20/2023 (SEE ENTRY) |
| 10/19/2023 |
TC Journal Entry Issued |
| 10/19/2023 |
Journal This Day, October 19, 2023 This matter came on for consideration. It is the order, judgment and decree of this court that THIS DAY THIS MATTER CAME ON TO BE HEARD UPON THE MOTION OF THE DEFENDANT TO RETRACT THE BENCH WARRANT ISSUED FOR DEFENDANT'S ARREST DUE TO DEFENDANT'S FAILURE TO APPEAR AT A SCHEDULED STATUS CONFERNCE ON 4/17/2023 AND TO RESCHEDULE THE SAME. THE COURT FINDS THE MOTION WELL TAKEN AND GRANTS THE SAME. IT IS THEREFORE ORDERED, ADJUDGED, AND DECREED THAT THE BENCH WARRANT SHALL BE RECALLED AND THE CLERK SHALL RESCHEDULE STATUS CONFERENCE HEARING FOR THE NEXT AVAILABLE DATE. THE DEFENDANT MUST BE PRESENT ON SAID DATE OTHERWISE A BENCH WARRANT WILL BE ISSUED FOR DEFENDANT'S ARREST. IF THE DEFENDANT IS PAID IN FULL PRIOR TO SAID STATUS CONFERENCE HEARING, THE COURT WILL VACATE THE STATUS CONFERENCE HEARING. MATTHEW A CUNNINGHAM Magistrate |
| 10/18/2023 |
Written MOTION TO LIFT BENCH WARRANT filed by DEFENDANT BY FAX on 10/18/2023 |
| 4/24/2023 |
Warrant Block Sent to BMV |
| 4/20/2023 |
BW (FTA STATUS CONF HRG) ISSUED TO FPD FOR SERVICE |
| 4/18/2023 |
FTA STATUS CONFERENCE CR Issued |
| 4/18/2023 |
Warrant issued for FTA STATUS CONFERENCE HEARING CR on 04/18/2023 |
| 3/13/2023 |
PAYMENT AGREEMENT W/ SANCTIONS Issued |
| 3/13/2023 |
STATUS CONFERENCE set for 04/17/2023 at 10:00 AM in room 2 by JUDGE STEPHANIE M BISHOP |
| 3/13/2023 |
Fines & Costs not paid as ordered case set for Status Conference. |
| 2/7/2023 |
Warrant Block Release Sent to BMV |
| 2/7/2023 |
PAYMENT AGREEMENT W/ SANCTIONS Issued |
| 2/7/2023 |
STATUS CONFERENCE set for 03/13/2023 at 10:00 AM in room 1 by JUDGE ALAN D HACKENBERG |
| 2/7/2023 |
Fines & Costs not paid case set for Status Conference. |
| 2/3/2023 |
STATUS CONFERENCE set for 02/07/2023 at 01:00 PM |
| 2/3/2023 |
BW(C/R FTA STAT CONF) RETURNED BY FPD(ATKINS) W/ $21.50 FEE |
| 2/3/2023 |
Warrant for FTA STATUS CONFERENCE HEARING CR was Served on 02/02/2023 |
| 12/14/2022 |
Paid $10.35 receipt# 2022434109 paid by ATTORNEY GENERAL 12/15/22 |
| 11/14/2022 |
Warrant Block Sent to BMV |
| 11/9/2022 |
FTA STATUS CONFERENCE CR Issued |
| 11/9/2022 |
Warrant issued for FTA STATUS CONFERENCE HEARING CR on 11/09/2022 |
| 11/9/2022 |
BW CR (FTA STATUS CONF) ISSUED TO (FPD) FOR SERVICE |
| 10/25/2022 |
Warrant Block Release Sent to BMV |
| 10/24/2022 |
BW CR (FTA STATUS CONF) RETURNED BY FPD (RECALLED) |
| 10/24/2022 |
WEB PAYMENT Paid $15.00 receipt# 2022429058 paid by SARAH BOYER |
| 10/21/2022 |
BW RECALL - FINDLAY PD Issued |
| 10/21/2022 |
Assignment Notice File Issued |
| 10/21/2022 |
STATUS CONFERENCE set for 11/07/2022 at 10:00 AM in room 1 by JUDGE ALAN D HACKENBERG |
| 10/21/2022 |
MOTION TO LIFT BENCH WARRANT GRANTED by ALAN D HACKENBERG JUDGE on 10/21/2022 (BW RECALLED ONCE DEFT SIGNS FOR A NEW HEARING) |
| 10/21/2022 |
Warrant for FTA STATUS CONFERENCE HEARING CR Recalled On 10/21/2022 |
| 10/21/2022 |
Written MOTION TO LIFT BENCH WARRANT filed by Defendant on 10/21/2022 |
| 3/14/2022 |
Warrant Block Sent to BMV |
| 3/10/2022 |
BW(C/R FTA STAT CONF) ISSUED TO FPD FOR SERV |
| 3/9/2022 |
FTA STATUS CONFERENCE CR Issued |
| 3/9/2022 |
Warrant issued for FTA STATUS CONFERENCE HEARING CR on 03/09/2022 |
| 1/21/2022 |
Case sent to collection agency on 01/21/2022 |
| 1/10/2022 |
Warrant Block Release Sent to BMV |
| 1/4/2022 |
BW RETURNED BY FPD (WELLS) FOR FTA STATUS CONF HRG (RECALLED) |
| 1/3/2022 |
Warrant for FTA STATUS CONFERENCE HEARING CR Recalled On 01/03/2022 |
| 1/3/2022 |
BW RECALL - FINDLAY PD Issued |
| 1/3/2022 |
PAYMENT AGREEMENT W/ SANCTIONS Issued |
| 1/3/2022 |
STATUS CONFERENCE set for 03/07/2022 at 09:00 AM in room 1 by JUDGE ALAN D HACKENBERG |
| 11/9/2021 |
MOTION TO LIFT BENCH WARRANT DENIED by MATTHEW A CUNNINGHAM Magistrate on 11/09/2021 (SEE ENTRY) |
| 11/8/2021 |
TC Journal Entry Issued |
| 11/8/2021 |
Journal This Day, November 08, 2021 This matter came on for consideration. It is the order, judgment and decree of this court that THIS DAY THIS MATTER CAME ON TO BE HEARD UPON THE MOTION OF THE DEFENDANT TO RETRACT THE BENCH WARRANT ISSUED FOR DEFENDANT'S ARREST DUE TO THE DEFENDANT'S FAILURE TO APPEAR AT A SCHEDULED STATUS CONFERNCE ON 9/27/2021. THE COURT FINDS THAT THE DEFENDANT FAILED TO APPEAR ON 2 PRIOR HEARINGS ON 6/3/2021 AND 8/9/2021. THE COURT FINDS THE MOTION NOT WELL TAKEN AND IS HEREBY DENIED. THE COURT WILL RETRACT THE WARRANT WHEN THE DEFENDANT APPEARS AT THE FINDLAY MUNICIPAL COURT CLERK'S OFFICE AND SIGNS FOR A NEW STATUS CONFERENCE HEARING. THE CLERK IS INSTRUCTED TO RESCHEDULE A STATUS CONFERENCE HEARING FOR THE NEXT AVAILABLE DATE ON THE STATUS CONFERENCE DOCKET. MATTHEW A CUNNINGHAM Magistrate |
| 11/5/2021 |
Written MOTION TO LIFT BENCH WARRANT filed by Defendant on 11/05/2021 (DROPPED OFF BY THIRD PARTY) |
| 10/4/2021 |
Warrant Block Sent to BMV |
| 9/30/2021 |
BW (FTA STAT CONF CR) ISSUED TO FPD FOR SERV |
| 9/28/2021 |
FTA STATUS CONFERENCE CR Issued |
| 9/28/2021 |
Warrant issued for FTA STATUS CONFERENCE HEARING CR on 09/28/2021 |
| 8/30/2021 |
Warrant Block Release Sent to BMV |
| 8/26/2021 |
BW (C/R FTA STAT CONF) RETURNED BY FPD(CARI) (RECALLED) |
| 8/25/2021 |
BW RECALL - FINDLAY PD Issued |
| 8/25/2021 |
RECALLED BW CR (FTA STATUS CONF) WITH FPD (CARI) VIA PHONE AND FAX |
| 8/25/2021 |
Warrant for FTA STATUS CONFERENCE HEARING CR Recalled On 08/25/2021 |
| 8/25/2021 |
PAYMENT AGREEMENT W/ SANCTIONS Issued |
| 8/25/2021 |
Fines & Costs not paid case set for Status Conference. |
| 8/25/2021 |
STATUS CONFERENCE set for 09/27/2021 at 10:30 AM in room 1 by JUDGE ALAN D HACKENBERG |
| 8/25/2021 |
MOTION TO LIFT BENCH WARRANT GRANTED by KEVIN C SMITH VISITING JUDGE on 08/25/2021 (RELEASE WARRANT ON CONDITION THAT DEFENDANT CONTINUES TO MAKE PAYMNENTS PER PAYMENT PLAN.) |
| 8/25/2021 |
Paid $20.00 receipt# 2021425364 paid by SVANNAH R DURAIN |
| 8/25/2021 |
Written MOTION TO LIFT BENCH WARRANT filed by Defendant on 08/25/2021 |
| 8/16/2021 |
Warrant Block Sent to BMV |
| 8/13/2021 |
BW (FTA STATUS CONF HRG) ISSUED TO FPD FOR SERVICE |
| 8/12/2021 |
FTA STATUS CONFERENCE CR Issued |
| 8/12/2021 |
Warrant issued for FTA STATUS CONFERENCE HEARING CR on 08/12/2021 |
| 7/29/2021 |
Status Conference Reminder Issued |
| 6/10/2021 |
BW (FTA DUS SENTENCING) RETURNED BY FPD (RECALLED) |
| 6/10/2021 |
PAY AGREEMENT FINANCIAL SANCT Issued |
| 6/10/2021 |
STATUS CONFERENCE set for 08/09/2021 at 10:00 AM in room 1 by JUDGE ALAN D HACKENBERG |
| 6/10/2021 |
Plea of GUILTY entered on 06/10/2021 |
| 6/10/2021 |
Finding of GUILTY entered for 335.03A2B - DRIVE WITH TEMP PERMIT WITHOUT LICENSED DRIVER |
| 6/10/2021 |
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 GUILTY to the charge. The Court heard evidence from the prosecution to substantiate the charge. The court entered a finding of GUILTY to the charge.It is ORDERED, ADJUDGED, AND DECREED that the defendant is found GUILTY of DRIVE WITH TEMP PERMIT WITHOUT LICENSED DRIVERORC/CO 335.03A2B, and is sentenced as follows:1) A fine of $150.00 plus all costs |
| 6/7/2021 |
Assignment Notice Dft/Pltf Issued |
| 6/7/2021 |
Assignment Notice File Issued |
| 6/7/2021 |
Sentencing set for 06/10/2021 at 08:30 AM |
| 6/7/2021 |
BW RECALL - FINDLAY PD Issued |
| 6/7/2021 |
Warrant for FTA DUS SENTENCING HEARING Recalled On 06/07/2021 |
| 6/7/2021 |
MOTION TO LIFT BENCH WARRANT GRANTED by ALAN D HACKENBERG JUDGE on 06/07/2021 (DEFENDANT SHALL SIGN FOR A NEW HEARING NOTICE. BENCH WARRANT RELEASED ONCE DONE.) |
| 6/7/2021 |
Written MOTION TO LIFT BENCH WARRANT filed by Defendant on 06/07/2021 |
| 6/4/2021 |
BW (FTA DUS SENTENCING) ISSUED TO FPD FOR SERV |
| 6/3/2021 |
This matter came on for consideration this day 06/03/2021. 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). |
| 6/3/2021 |
MAGISTRATE CONTINUANCE Issued |
| 6/3/2021 |
FTA DUS SENTENCING HEARING BW Issued |
| 6/3/2021 |
Warrant issued for FTA DUS SENTENCING HEARING on 06/03/2021 |
| 5/13/2021 |
Assignment Notice File Issued |
| 5/13/2021 |
Sentencing set for 06/03/2021 at 08:30 AM DUS DIV SENT |
| 5/13/2021 |
TC Judgment Entry Issued |
| 5/13/2021 |
Judgment This Day, May 13, 2021 This matter came on for consideration. It is the order, judgment and decree of this court that
THIS DAY THIS MATTER CAME ON FOR A DRIVING UNDER SUSPENSION DIVERSION REVIEW HEARING. THE COURT FINDS THAT PURSUANT TO THE DUS DIVERSION AGREEMENT, THE DEFENDANT MUST ATTEND ALL REVIEW HEARINGS OR DEFENDANT MAY BE TERMINATATED FROM THE DIVERSION PROGRAM. THE COURT FURTHER FINDS THAT THE DEFENDANT HAS FAILED TO APPEAR. THEREFORE, IT IS HEREBY ORDERED THAT THE CLERK SHALL SCHEDULE THIS MATTER FOR A SENTENCING HEARING. IF THE DEFENDANT FAILS TO APPEAR FOR THE HEARINGS, A BENCH WARRANT MAY BE ISSUED FOR DEFENDANT'S ARREST.
MATTHEW A CUNNINGHAM Magistrate |
| 4/1/2021 |
Assignment Notice File Issued |
| 4/1/2021 |
DUS DIVERSION REVIEW set for 05/13/2021 at 01:00 PM in room 3 |
| 4/1/2021 |
TC Judgment Entry Issued |
| 4/1/2021 |
Judgment This Day, April 01, 2021 This matter came on for consideration. It is the order, judgment and decree of this court that THIS DAY THIS MATTER CAME ON TO BE HEARD FOR A DUS DIVERSION REVIEW HEARING. THE DEFENDANT APPEARED WITHOUT COUNSEL. THE COURT FINDS THAT THE DEFENDANT HAS NOT COMPLETED ALL OF THE REQUIREMENTS TO COMPLETE THE PROGRAM. THE DEFENDANT SHALL CONTINUE TO BE ENROLLED IN THE DIVERSION PROGRAM. THE DEFENDANT IS ENCOURAGED TO KEEP WORKING TOWARD THE COMPLETION OF THE PROGRAM. THE CLERK SHALL SCHEDULE A REVIEW HEARING IN ACCORDANCE WITH THE COURT DOCKET. MATTHEW A CUNNINGHAM Magistrate |
| 2/25/2021 |
Plea of NO PLEA entered on 02/25/2021 |
| 2/25/2021 |
Finding of UNAVAILABLE entered for 335.03A2B - DRIVE WITH TEMP PERMIT WITHOUT LICENSED DRIVER |
| 2/25/2021 |
DUS DIversion Entry Issued |
| 2/25/2021 |
Assignment Notice File Issued |
| 2/25/2021 |
DUS DIVERSION REVIEW set for 04/01/2021 at 01:00 PM in room 3 |
| 2/25/2021 |
DUS Diversion Referral Issued |
| 2/25/2021 |
DUS DIVERSION PROGRAM FEE of $60.00 assessed |
| 2/17/2021 |
Case Filed on 02/17/2021 |
| 2/17/2021 |
Arraignment set for 02/25/2021 at 08:30 AM in room 202 |