Ashland Attorney can’t pay fines because he’s indigent?

Ashland attorney pleads guilty to grand theft

Hey Drew Tyler – Now I’m ROTFLMAO!!!!

AGAIN AND AGAIN AND AGAIN – LOL!

JUSTICE SYSTEM AS WE KNOW IT????

Ashland Attorney indigent2

Al Lawrence 7:57 p.m. EST November 17, 2014

ASHLAND – An Ashland defense attorney and a former employee of the Ashland County Prosecutor’s Office admitted Monday to charges that he used drugs and took money from a trust account of a former client.

Tim Potts, 43, pleaded guilty in Ashland County Common Pleas Court to felony charges of grand theft, forgery, possession of cocaine and possession of heroin, and misdemeanor charges of illegal use or possession of drug paraphernalia, endangering children and falsification. Charges of obstructing justice, passing bad checks and a second count of grand theft were dismissed as part of a plea bargain.

Potts was charged after Ashland Municipal Judge John Good said he discovered more than $9,000 missing from the trust account, which was established to handle the client’s retainer for services when Good and Potts were law partners. Potts and Good both worked under former Prosecutor Robert DeSanto, then formed a legal partnership until Good became municipal court judge in 2012. Good said the account remained open because the client could not be found in order to refund the money.

Retired Stark County Common Pleas Judge Charles Brown Jr. was assigned to hear the case. Before he accepted Potts’ guilty pleas, he asked Potts to tell the court details of the crimes.

“During a period of time prior to my arrest on Aug. 26, for around a five- or six-week period of time, I involved myself in the purchase and use of cocaine and heroin, which was done at my house,” Potts said. “There was paraphernalia for the use of that left at my house and some of those things that were used to do the drugs were there when my children were there.”

Potts also admitted his actions put him in a significant financial strain that prompted him to take money from the account of his prior partnership. “I went to the bank and filled out forms to withdraw money from that account, and I knew that money wasn’t mine,” he said. Defense attorney Rolf Whitney said restitution was made before there was a formal case.

Judge Brown then found Potts guilty of the seven charges, ordered a pre-sentencing investigation and scheduled sentencing for Dec. 29 at 3 p.m. He said he intends to sentence Potts to three years of community control probation, suspend his driver’s license for six months with driving privileges for work and order him to pay court costs and costs for any jail time or treatment. Potts does not face fines because he was determined to be indigent. – NOW THIS IS ROTFLMAO – ARE YOU SERIOUS???

The judge also told Potts he faces three years in prison if he violates community control or if any one of four things happen before his sentencing date — he gets into further trouble, he fails to cooperate during the presentencing investigation, the investigation turns up a previous felony conviction or he violates his current bond, which was continued. Potts could have been sentenced to a maximum four-and-a-half years in prison on the felony charges.

Neither Whitney nor Richland County assistant prosecutors Gary Bishop and Cliff Murphy had any comments after the hearing. The Richland County Prosecutor’s Office is handling the case because of Potts’ ties to Ashland court officials.

 

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2 Responses to Ashland Attorney can’t pay fines because he’s indigent?

  1. Phil says:

    Birds of a feather flock together or don’t shit where you eat is the mantra in Corrupt Richland County! Find Drew Tyler and you find the systems puppet master. Drew Tyler tends to have me mistaken for one of those open ended plea deals where I was charged with a domestic violence in hope for CONtrol, that didn’t happen. My deal CONsisted of what actually happened, disorderly conduct, the problem they mistaken from my deal is I still have many freedoms most give up dealing with this corrupt injustice system. I hope to continue educating folks from getting trapped in this system, the latest being a kid who was trapped by one of their prostitutes who claimed rape just to fleece him of $7500 and have the case dismissed in a week with no recourse thanks to careful wording of his deal.
    Take a look, how does one get a deal like this with no recourse? Its certain he was ripped off and those who did it were his bondsman, their prostitute, and his Attorney. No way can one get off of a rape charge this easy, you say???

    Arrest Date Arresting Officer Agency
    [NA] PTL SIGLER Ontario City Police Dept
    Code Description Date Finding Finding Date Degree
    2907.02 Rape 10/06/14 Case was dismissed 10/16/14 F1
    Docket (Show All Entries | Show Entries Paged)
    Date Text Type
    10/06/14 Initial Court Date: 10/07/2014 Initial Court Time: 10:01AM [NA]
    10/06/14 New Warrant issued – FELONY CHARGES FILED [NA]
    10/06/14 Warrant returned on 10/06/2014 [NA]
    10/06/14 Warrant served on 10/06/2014 [NA]
    10/06/14 Warrant issued on 10/06/2014 [NA]
    10/07/14 $50,000 CASH + PR, EMHA, NO CONTACT WITH VICTIM [NA]
    10/07/14 New Arraignment hearing held. Judge: Jerry E Ault [NA]
    10/07/14 Plea of Not Guilty on violation 01: ( 2907.02 Rape ) [NA]
    10/07/14 CASH + PR bond set on violation 01: ( 2907.02 Rape ) for $50,000.00 [NA]
    10/07/14 Judge: Jerry E Ault,Manually Selected – No Control Number assigned. [NA]
    10/07/14 Hearing comment: NO CONTACT ORDER & EMHA [NA]
    10/07/14 Preliminary Pre-Trial scheduled before:
    Judge: Jerry E. Ault Assigned.
    On 10/14/2014 @ 09:00 AM [NA]
    10/07/14 Preliminary scheduled before:
    Judge: Jerry E. Ault Assigned.
    On 10/16/2014 @ 01:00 PM [NA]
    10/07/14 Notice: AssignmentNotice-TRCR printed for Defendant [NA]
    10/07/14 Receipt number : 02342612 Date : 10/07/2014 Amount : $175.00 [NA]
    10/07/14 Installment receipt printed [NA]
    10/07/14 Installment receipt printed [NA]
    10/07/14 SURETY bond set on violation 01 🙁 2907.02 Rape ) for $50,000.00 [NA]
    10/07/14 Bond receipt printed [NA]
    10/07/14 Bond receipt printed [NA]
    10/07/14 ‘Release Order’ processed [NA]
    10/14/14 Attorney changed from RALPH BOVE to JACEDA BLAZEF [NA]
    10/15/14 Check # 009162 issued for $25.00. BINDOVER/R.LABELLE/14CRA4442, BR#20124 [NA]
    10/16/14 CASE DISMISSED [NA]
    10/16/14 Receipt number : 02343058 Date : 10/16/2014 Amount : $25.00 [NA]
    10/16/14 Installment receipt printed [NA]
    10/17/14 J.E. CASE DISMISSED WITHOUT PREJUDICE, RECALL BW [NA

  2. This guy was not convicted on any posession charge which would carry a mandantory fine. The reason they will not convict an attorney is that if they do he will be automatically and permanently disbarred. So no conviction = no fine and the danger to sociaety and promotoer of the heroin epidemic can still practice law. Yes it is like that. The bullshit of not fining him becasue he is indigent went away wiht him being a lawyer and bringin his own private counsel. The law is such that if you can afford counsel by any means you can afford to pay fines.

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