In 2021, a fraudulent indictment was filed against me in the case of State of Ohio vs. Charles Tingler, Ottawa County Common Pleas Court, Case No. 2021-CR-092. Despite my innocence, I entered an Alford plea in 2022 to resolve the matter. While this plea allowed me to maintain my innocence, it resulted in non-reporting probation (community control). However, the repercussions of this case took an even darker turn when I was unjustly charged with a probation violation, leading to my incarceration and the subsequent infringement on my constitutional rights.

The Probation Violation: Arrest and Incarceration

On January 5, 2024, I was arrested at my home and incarcerated for 12 days before being released on a personal recognizance bond. The alleged community control violation stemmed from contacting the Ottawa County Sheriff's Office outside of the parameters of a public records request.

The original indictment in 2021 falsely accused me of threatening physical harm to Chief Deputy Brad York and Sheriff Stephen Levorchick of the Ottawa County Sheriff's Office. This was a blatant fabrication. As part of the plea agreement, I was prohibited from making harassing communications to the Sheriff's Office, but the court's judgment entry went further, stating that I was barred from any communication with the office. A subsequent court order clarified that I could still make public records requests, as is my statutory right under Ohio Revised Code 149.43, the Public Records Act.

Despite this, the probation violation charged me for filing personnel complaints with the Sheriff's Office—perfectly legal conduct protected under:

First Amendment to the U.S. Constitution: Guarantees the right to free speech, to petition the government for redress of grievances, and freedom of the press.

Article I, Section 11 of the Ohio Constitution: Mirrors the First Amendment by guaranteeing the freedom of speech, press, and the right to petition.

Ohio Revised Code 2921.45: Prohibits public officials from depriving a person of constitutional rights under color of law.

Filing complaints, grievances, and police reports is not harassment; it is a constitutionally guaranteed right to petition the government for redress of grievances without fear of retaliation.

A Clear Violation of Constitutional Rights

The most egregious outcome of this ordeal was the court's retaliatory response. Under threat of incarceration, I was forced to forfeit my First Amendment rights and statutory rights. I could no longer:

Petition the government (First Amendment, U.S. Constitution, Article I, Section 16, Ohio Constitution)

Exercise freedom of speech (First Amendment, Article I, Section 11, Ohio Constitution)

File public records requests (Ohio Revised Code 149.43)

Pursue court litigation (Article I, Section 16, Ohio Constitution)

Submit complaints or grievances (First Amendment, Ohio Revised Code 2921.45)

File police reports (Article I, Section 16, Ohio Constitution)

These rights, enshrined in the Ohio Constitution, the United States Constitution, and Ohio law, were stripped away as a "special condition" of community control. Even worse, my community control, which was set to expire in just two months, was extended for an additional three years.

This retaliatory conduct is not only unconstitutional but a gross overreach of government authority. The courts cannot demand that citizens surrender their fundamental rights as a condition of probation or any other legal status.

Relevant Legal Provisions

First Amendment to the U.S. Constitution:

Protects the right to free speech, the right to petition the government, and freedom of the press.

Article I, Section 11, Ohio Constitution:

Guarantees that “Every citizen may freely speak, write, and publish his sentiments on all subjects, being responsible for the abuse of the right; and no law shall be passed to restrain or abridge the liberty of speech, or of the press.”

Article I, Section 16, Ohio Constitution:

Ensures that “All courts shall be open, and every person, for an injury done him in his land, goods, person, or reputation, shall have remedy by due course of law, and shall have justice administered without denial or delay.”

Ohio Revised Code 149.43 (Public Records Act):

Grants every Ohioan the right to access public records without interference.

Ohio Revised Code 2921.45 (Interfering with Civil Rights):

States that “No public servant, under color of his office, employment, or authority, shall knowingly deprive or conspire or attempt to deprive any person of a constitutional or statutory right.”

A Sham Process: No Final Order

Adding insult to injury, I was never provided with a final order regarding the resolution of the probation violation. While I signed an agreement extending my probation and accepting the restrictive special condition, no official order was ever issued to formalize the outcome. This leaves a cloud of uncertainty over the legality of the entire process.

The lack of a final judgment also violates Ohio Criminal Rule 32(C), which requires that every criminal judgment of conviction include the plea, the verdict or findings, and the sentence imposed. Without a final order, the resolution remains legally ambiguous and procedurally flawed.

A Pattern of Government Intrusion

The actions taken against me are a textbook example of government overreach and retaliation against lawful, protected conduct. My arrest, incarceration, and the subsequent conditions imposed upon me are a direct attack on my constitutional rights.

The Ohio Revised Code and the constitutions of Ohio and the United States are clear: citizens have the right to free speech, the right to petition the government, and the right to access public records without fear of retaliation. Yet, in my case, these rights were trampled upon by those sworn to uphold the law.

Conclusion: A Call for Accountability

This case is not just about me. It is a warning to all citizens about the dangers of unchecked government power. When the courts and law enforcement can strip individuals of their fundamental rights without accountability, it sets a dangerous precedent.

I will continue to fight for justice and expose these abuses of power. Our constitutional rights are not privileges to be granted or revoked at the whim of the government—they are guarantees that must be protected at all costs.

Let this article serve as both a testimony to the injustices I have endured and a call to action for others to stand against government intrusion.