Case Details

General Information

Case Number
23CRB00014
Attorney Name
PAUL MAEKASK
Assigned To
STEPHANIE M BISHOP
Offense Date
12/28/2022
Date Filed
1/4/2023
Waiverable
No
Affiant Name
SCHIMMOELLER, JOHN
Affiant Type
City of Findlay PD
Proof of Insurance
Unknown
Muni Name
City of Findlay

Defendant Information

Name
BRIAN L LUTTS
Address Line 1
1234 BANCROFT ST
Address Line 2
City
TOLEDO
State
OH
ZIP Code
43608
DLN
SX615236
DOB
5/3/1988

Financial Information

Total Cost
$2,671.00
Total Paid
$0.00
Total Owed
$2,671.00

Vehicle Information

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

Warrant Information

Active Warrants
No

Counts

Count Number Citation Number Statute Code Statute Description Degree Plea Finding Finding Date Adjudicated By
1 202227870 545.05A1 PETTY THEFT M1 NO CONTEST GUILTY 11/7/2023 MATTHEW A CUNNINGHAM
Count Number
1
Citation Number
202227870
Statute Code
545.05A1
Statute Description
PETTY THEFT
Degree
M1
Plea
NO CONTEST
Finding
GUILTY
Finding Date
11/7/2023
Adjudicated By
MATTHEW A CUNNINGHAM

Hearing Information

Description Court Date/Time Court Room Heard By
STATUS CONFERENCE 11/3/2025 10:00:00 AM STEPHANIE M BISHOP
STATUS CONFERENCE 9/29/2025 9:00:00 AM ALAN D HACKENBERG
STATUS CONFERENCE 6/16/2025 10:00:00 AM ALAN D HACKENBERG
STATUS CONFERENCE 12/11/2023 10:00:00 AM 2 STEPHANIE M BISHOP
SECOND PRETRIAL 9/27/2023 8:30:00 AM 203 STEPHANIE M BISHOP
Pre-Trial 8/16/2023 8:30:00 AM 203 STEPHANIE M BISHOP
Arraignment 7/19/2023 8:30:00 AM 202
Continued 7/6/2023 2:30:00 PM
Arraignment 1/18/2023 8:30:00 AM
Continued 1/4/2023 8:30:00 AM 202

Docket Information

Entry Date Entry Text
10/2/2025 STATUS CONFERENCE set for 11/03/2025 at 10:00 AM by JUDGE STEPHANIE M BISHOP Hearing was set on 10/02/2025 by JUDGE STEPHANIE M BISHOP
6/25/2025 STATUS CONFERENCE set for 09/29/2025 at 09:00 AM by JUDGE ALAN D HACKENBERG Hearing was set on 06/25/2025 by JUDGE ALAN D HACKENBERG
6/25/2025 Fines & Costs not paid case set for Status Conference.
4/9/2025 STATUS CONFERENCE set for 06/16/2025 at 10:00 AM by JUDGE ALAN D HACKENBERG Hearing was set on 04/09/2025 by JUDGE ALAN D HACKENBERG
3/7/2024 Case sent to collection agency on 03/07/2024
11/14/2023 Warrant Block Release Sent to BMV
11/14/2023 MOTION FOR EARLY RELEASE FROM JAIL DENIED by STEPHANIE M BISHOP JUDGE on 11/14/2023
11/13/2023 Written MOTION FOR EARLY RELEASE FROM JAIL filed by DEFENDANT FROM JAIL on 11/13/2023
11/8/2023 COMMITMENT RETURNED BY HSO (CORDER) FOR 10 DAYS ON 11/07/2023 AT 3:00PM
11/7/2023 CANCELLED Plea for 12/13/2023 at 01:30 PM in room 2 by JUDGE STEPHANIE M BISHOP Hearing was set on 10/19/2023
11/7/2023 NOTICE FEE of $5.00 assessed
11/7/2023 Commitment After Conviction Issued
11/7/2023 STATUS CONFERENCE set for 12/11/2023 at 10:00 AM in room 2 by JUDGE STEPHANIE M BISHOP
11/7/2023 Plea of NO CONTEST entered on 11/07/2023
11/7/2023 MAGISTRATE SENTENCING ENTRY Issued
11/7/2023 Confinement Jail Time Sentenced 60 Day(s) 10 Credited 40 Suspended
11/7/2023 Finding of GUILTY entered for 545.05A1 - PETTY THEFT
11/7/2023 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 PETTY THEFTORC/CO 545.05A1, and is sentenced as follows:1) A fine of $250.00 plus all costs 2) A jail sentence of 60 Day(s) with 40 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 10 Day(s) days served. 4) No criminal conduct for 1 Year(s).
11/6/2023 Commitment Pending Hearing Issued
11/6/2023 NOTICE FEE of $5.00 assessed
11/6/2023 TC Judgment Entry Issued
11/6/2023 Judgment This Day, November 06, 2023 This matter came on for consideration. It is the order, judgment and decree of this court that THIS MATTER CAME BEFORE THE COURT AFTER THE DEFENDANT WAS ARRESTED FOR FAILING TO COMPLY WITH PRETRIAL SUPERVISION BOND CONDITIONS. PRESENT IN THE COURTROOM WAS THE DEFENDANT'S ATTORNEY, PAUL MAEKASK AND PROBATION OFFICER DAVID CLAFLIN. THE DEFENDANT WAS PRESENT BY VIDEO WITH THE HANCOCK COUNTY JUSTICE CENTER. THE COURT HEARD FROM THE PARTIES REGARDING DEFENDANT'S BOND. BASED ON THE TESTIMONY PRESENTED TO THE COURT, BOND IS ESTABLISHED IN THE AMOUNT OF $1500.00 CASH OR SURETY. IF THE DEFENDANT POSTS BOND, HE SHALL COMPLY WITH THE CONDITIONS OF PRETRIAL SUPERVISION. IN ADDITION, DEFENDANT SHALL NOT ENTER ANY WALMART STORES. STEPHANIE M BISHOP JUDGE
11/2/2023 BW (FTC PRETRIAL SUPERVISION BOND CONDITIONS) RETURNED BY FPD (MARSHALL) W/ SERV FEE $22.00
11/2/2023 BW (FTC PRETRIAL SUPERVISION BOND CONDITIONS) SERVED BY SCHROEDER
11/2/2023 Warrant for PRETRIAL SUPERVISION BOND CONDITIONS was Served on 11/01/2023
10/19/2023 Assignment Notice File Issued
10/19/2023 Plea set for 12/13/2023 at 01:30 PM in room 2 by JUDGE STEPHANIE M BISHOP Hearing was set on 10/19/2023
9/27/2023 PT Report Issued
9/27/2023 Recommendation: DEFENDANT Requested additional time to consider the Prosecutor's Recommendation and is to contact the Judicial Assistant by 10/18/2023 to advise what type of hearing to schedule in his/her case. If Judicial Assistant is not contacted by above date the case will be set for a Court Trial or Jury Trial (if requested) and notice will be sent to Defendant or Defendant's Attorney. If the Defendant's continuance is for time to consult with his/her Attorney he must notify the Judicial Assistant, as indicated above. Otherwise, time will be charged against the defendant. Time limits pursuant to ORC 2945.71-73 are hereby waived without limitation.
8/30/2023 MOTION TO LIFT BENCH WARRANT DENIED by STEPHANIE M BISHOP JUDGE on 08/30/2023
8/29/2023 Written MOTION TO LIFT BENCH WARRANT filed by Defendant on 08/29/2023 (BY MAIL)
8/23/2023 Assignment Notice File Issued
8/23/2023 SECOND PRETRIAL set for 09/27/2023 at 08:30 AM in room 203 by JUDGE STEPHANIE M BISHOP
8/16/2023 PT Report Issued
8/16/2023 Recommendation: DEFENDANT Requested additional time to consider the Prosecutor's Recommendation and is to contact the Judicial Assistant by 09/06/2023 to advise what type of hearing to schedule in his/her case. If Judicial Assistant is not contacted by above date the case will be set for a Court Trial or Jury Trial (if requested) and notice will be sent to Defendant or Defendant's Attorney. If the Defendant's continuance is for time to consult with his/her Attorney he must notify the Judicial Assistant, as indicated above. Otherwise, time will be charged against the defendant. Time limits pursuant to ORC 2945.71-73 are hereby waived without limitation.
8/9/2023 MOTION TO LIFT BENCH WARRANT DENIED by STEPHANIE M BISHOP JUDGE on 08/09/2023
8/9/2023 Written MOTION TO LIFT BENCH WARRANT filed by DEFENDANT BY FAX on 08/09/2023
8/9/2023 MOTION TO LIFT BENCH WARRANT DENIED by STEPHANIE M BISHOP JUDGE on 08/09/2023
8/8/2023 Written MOTION TO LIFT BENCH WARRANT filed by DEFENDANT BY FAX on 08/08/2023
8/8/2023 LETTER NO ACTION by STEPHANIE M BISHOP JUDGE on 08/08/2023 (PROVIDING DOCUMENTATION)
8/7/2023 Warrant Block Sent to BMV
8/7/2023 Written LETTER filed by Defendant on 08/07/2023 (PROVIDING DOCUMENTATION)
8/7/2023 LETTER NO ACTION by STEPHANIE M BISHOP JUDGE on 08/07/2023 (PROOF OF MEDICAL DOCUMENTATION)
8/4/2023 Written LETTER filed by DEFENDANT BY FAX on 08/04/2023 (PROOF OF MEDICAL DOCUMENTATION)
8/4/2023 BW (FTC PRETRIAL SUPERVISION BOND CONDITIONS) ISSUED TO FPD FOR SERVICE
8/4/2023 PRETRIAL SUPERVISION Issued
8/4/2023 Warrant issued for PRETRIAL SUPERVISION BOND CONDITIONS on 08/04/2023
7/31/2023 Written LETTER filed by DEFENDANT BY FAX on 07/31/2023 (WITH MEDICAL DOCUMENTS)
7/26/2023 BW (FTA ARRN) RETURNED BY FPD (RECALLED)
7/26/2023 Assignment Notice File Issued
7/26/2023 Pre-Trial set for 08/16/2023 at 08:30 AM in room 203 by JUDGE STEPHANIE M BISHOP
7/25/2023 Plea of NOT GUILTY entered on 07/25/2023
7/25/2023 Right to speedy trial waived by defendant on 07/25/2023
7/25/2023 Jury Demanded on 07/25/2023 by Attorney
7/25/2023 JUDGE STEPHANIE M BISHOP assigned to case
7/25/2023 BW RECALL - FINDLAY PD Issued
7/25/2023 Warrant for FTA CR HEARING Recalled On 07/25/2023
7/25/2023 MOTION TO LIFT BENCH WARRANT GRANTED by ALAN D HACKENBERG JUDGE on 07/25/2023 (THIS MATTER CAME BEFORE THIS COURT ON JULY 25, 2023 ON THE MOTION TO WITHDRAW WARRANT. UPON REVIEW OF SAID MOTION AND FOR GOOD CAUSE SHOWN, IT IS HEREBY ORDERED, ADJUDGED AND DECREED THAT THIS MOTION BE GRANTED. BE IT SO ORDERD.)
7/25/2023 Written MOTION TO LIFT BENCH WARRANT filed by DEF ATTY BY FAX on 07/25/2023
7/25/2023 Written PUBLIC DEFENDER NOTICE OF REPRESENTATION filed by DEF ATTY BY FAX on 07/25/2023
7/25/2023 Written WRITTEN PLEA OF NOT GUILTY filed by DEF ATTY BY FAX on 07/25/2023
7/25/2023 Written REQUEST FOR PRETRIAL filed by DEF ATTY BY FAX on 07/25/2023
7/25/2023 Written DEMAND FOR BILL OF PARTICULARS filed by DEF ATTY BY FAX on 07/25/2023
7/25/2023 Written DEMAND FOR DISCOVERY filed by DEF ATTY BY FAX on 07/25/2023
7/25/2023 PAUL MAEKASK filed notice of appearance
7/21/2023 LETTER NO ACTION by STEPHANIE M BISHOP JUDGE on 07/21/2023
7/20/2023 Written LETTER filed by Third Party on 07/20/2023
7/20/2023 MOTION TO LIFT BENCH WARRANT DENIED by STEPHANIE M BISHOP JUDGE on 07/20/2023
7/20/2023 Written MOTION TO LIFT BENCH WARRANT filed by DEFENDANT BY FAX on 07/20/2023
7/19/2023 BW (FTA ARRN) ISSUED TO FPD FOR SERVICE
7/19/2023 This matter came on for consideration this day 07/19/2023. 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 $1500.00.It is further ordered that the delay be charged against the Defendant pursuant to Revised Code 2945.72(D).
7/19/2023 JE Continuance Issued
7/19/2023 BENCH WARRANT FEE of $25.00 assessed
7/19/2023 CR FTA Hearing Bench Warrant Issued
7/19/2023 Warrant issued for FTA CR HEARING on 07/19/2023
7/11/2023 Warrant Block Release Sent to BMV
7/10/2023 TC Judgment Entry Issued
7/10/2023 Judgment This Day, July 10, 2023 This matter came on for consideration. It is the order, judgment and decree of this court that THIS MATTER COMES BEFORE THE COURT UPON THE COURTS OWN MOTION DUE TO THE HCJC INFORMING THE COURT ON 7/9/23 THAT THE DEFENDANT HAS A MEDICAL EMERGENCY AND WAS ADMITTED TO THE HOSPITAL. BASED ON THIS INFORMATION IT IS HEREBY ORDERED THAT THE DEFENDANTS BOND BE MODIFIED TO AN O.R. BOND. THE DEFENDANT SHALL ABIDE BY ALL CONDITIONS PREVIOUSLY IMPOSED, SPECIFICALLY, HE MUST REPORT TO THE FINDLAY MUNICIPAL COURT PROBATION DEPARTMENT FOR PRE-TRIAL SUPERVISION UPON BEING RELEASED FROM THE HOSPITAL. THERE IS TO BE NO CONTACT WITH THE ALLEGED VICTIM (WALMART) OR ANY OTHER WALMART STORES. NO CONSUMPTION/POSSESSION OF ALCOHOL AND/OR DRUGS OF ABUSE. MUST RESIDE AT 525 3RD ST., FINDLAY OHIO. ALAN D HACKENBERG JUDGE
7/6/2023 Program Appt Notification Issued
7/6/2023 NOTICE FEE of $5.00 assessed
7/6/2023 Commitment Pending Hearing Issued
7/6/2023 MAGISTRATE CONTINUANCE Issued
7/6/2023 This matter came on for consideration this day 07/06/2023. The defendant appeared in open court and was advised of the charge, penalty, available pleas, and legal rights. The Defendant requested a continuance to seek the advice of counsel. It is therefore ORDERED, ADJUDGED, AND DECREED that this case be continued to 07/19/2023 at 08:30 AM so the Defendant may consult with an attorney. with the conditions of Pretrial Supervision - Report to the Probation department immediately. Subject to any additional conditions deemed appropriate by the Probation Dept., No contact with the alleged victim, the victim's place of employment or any other place the victim may be found during the pendency of this action., No Consumption or Possession of Alcohol or Drugs of Abuse.It 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 CASH OR SURETY in the amount of $1500.00, and further upon the condition(s) as stated on the bond.Placed on Pre-trial Supervision: Must report to the Probation department immediately after court. Defendant is subject to any additional conditions deemed appropriate by the Court and Probation Department.The Defendant is ordered to remain away from the alleged victim, the victim's place of employment, or any other place the alleged victim may be found, during the pendency of this action.Not to Consume or Possess Alcohol and/or Drugs of abuse during the pendency of the case. NO CONTACT WITH ANY WALMART STORES. MUST RESIDE AT 525 3RD ST, FINDLAY, OH. MUST APPEAR AT ALL FUTURE COURT HEARINGS AND APPEAR ON TIME.
7/6/2023 Arraignment continued to 07/19/2023 at 08:30 AM in room 202
7/6/2023 BW (FTA ARRN) RETURNED BY FPD (ATKINS) WITH SERVICE $20.00 FEE
7/6/2023 Arraignment set for 07/06/2023 at 02:30 PM
7/6/2023 BW SERVED BY FPD (ATKINS) - FTA ARRN
7/6/2023 Warrant for FTA CR HEARING was Served on 07/05/2023
1/27/2023 DEFTS COPY OF BW RETURNED BY USPS FROM 525 3RD ST FINDLAY OH 45840 STATING RETURN TO SENDER NOT DELIVERED AS ADDRESSED UNABLE TO FORWARD
1/23/2023 Warrant Block Sent to BMV
1/19/2023 BW (FTA ARRN) ISSUED TO FPD FOR SERVICE
1/18/2023 This matter came on for consideration this day 01/18/2023. 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 $1500.00.It is further ordered that the delay be charged against the Defendant pursuant to Revised Code 2945.72(D).
1/18/2023 JE Continuance Issued
1/18/2023 BENCH WARRANT FEE of $25.00 assessed
1/18/2023 CR FTA Hearing Bench Warrant Issued
1/18/2023 Warrant issued for FTA CR HEARING on 01/18/2023
1/4/2023 This matter came on for consideration this day 01/04/2023. The defendant having been duly served, failed to appear. It is therefore ORDERED, ADJUDGED, AND DECREED that this matter be continued until 01/18/2023 at 08:30 AM. It is further ordered that the delay be charged against the Defendant pursuant to Revised Code 2945.72(D).
1/4/2023 JE Continuance Issued
1/4/2023 Arraignment continued to 01/18/2023 at 08:30 AM Hearing was set in court on 01/04/2023
1/4/2023 Case Filed on 01/04/2023
1/4/2023 Arraignment set for 01/04/2023 at 08:30 AM in room 202

© 2025 - City of Findlay