Lawyer Talk: Off the Record

I'm Steve Palmer, I'll be sharing some of my personal experiences and insights on how incredibly precise court reporters can be, despite the challenges they face. You'll hear about both the marvelous precision and the occasional horror stories of unreliable transcriptions. I'll also talk about the transformative role of modern technology in this essential part of the legal process. Whether you're interested in how flawed records can be corrected or the significance of genuine communication in the courtroom, this episode has something for you. Here are some key takeaways:Remarkable Accuracy: Transcripts are incredibly accurate, with court reporters using real-time transcription techniques. Most of the time, they capture statements with precision. Handling Errors: In rare cases where transcripts might be flawed, there are procedures in place to ensure justice isn't compromised. From re-agreements among parties to supplementing records, there are systems to address discrepancies. Impact of Technology: We've come a long way from jotted notes and shorthand. Modern technology guarantees detailed records of court proceedings, but human elements like court reporter expertise remain crucial. Submit your questions to www.lawyertalkpodcast.com.Recorded at Channel 511.Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.Steve has unique experience handling numerous high publicity cases that have garnered national attention.For more information about Steve and his law firm, visit Palmer Legal Defense. Copyright 2025 Stephen E. Palmer - Attorney At Law Mentioned in this episode:Circle 270 Media Podcast ConsultantsCircle 270 Media® is a podcast consulting firm based in Columbus, Ohio, specializing in helping businesses develop, launch, and optimize podcasts as part of their marketing strategy. The firm emphasizes the importance of storytelling through podcasting to differentiate businesses and engage with their audiences effectively. www.circle270media.com

We're tackling a question submitted by Andy through LawyerTalkPodcast.com about expunging disorderly conduct, battery, or misdemeanor charges from your record.I break down the difference between record sealing and expungements here in Ohio, especially since the law has recently changed to allow for more complete removal of records. I explain the ins and outs of what can and can't be expunged or sealed, particularly when it comes to domestic violence or more serious crimes. Plus, I walk you through the process of applying for an expungement or sealing, emphasizing how crucial it is to demonstrate that your interest in clearing your record outweighs any governmental interest.If you're looking to turn over a new leaf and move forward with a clean slate, or if you're just curious about the expungement process, you're in the right place.3 key takeawaysUnderstanding Ohio's Record Sealing and Expungement: Ohio recently updated its laws to include expungements, which means that once a record is expunged, it’s completely gone, unlike sealing where the record is just hidden from the public.Eligibility Criteria for Expungement: Disorderly conduct can be expunged, but other offenses like domestic violence or sexual-related offenses might not qualify. It’s crucial to understand which charges are eligible for expungement.The Expungement Process: Applying usually involves demonstrating that your interest in expunging the record outweighs any governmental interest. The courts want to see you’ve turned over a new leaf, which can make a compelling case for getting your records expunged.Got a question you want answered on the podcast? Call 614-859-2119 and leave us a voicemail. Steve will answer your question on the next podcast!Submit your questions to www.lawyertalkpodcast.com.Recorded at Channel 511.Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.Steve has unique experience handling numerous high-publicity cases that have garnered national attention.For more information about Steve and his law firm, visit Palmer Legal Defense. Copyright 2025 Stephen E. Palmer - Attorney At Law Mentioned in this episode:Circle 270 Media Podcast ConsultantsCircle 270 Media® is a podcast consulting firm based in Columbus, Ohio, specializing in helping businesses develop, launch, and optimize podcasts as part of their marketing strategy. The firm emphasizes the importance of storytelling through podcasting to differentiate businesses and engage with their audiences effectively. www.circle270media.com

I'm discussing the critical aspect of the appellate process: the hidden costs that can arise after a conviction. In this episode, I share my personal experience with the sticker shock of obtaining a trial transcript for an appeal. It's a glimpse into the financial burdens that these expenses can impose on those looking to contest their convictions and how unforeseen costs can sometimes stand in the way of justice. Drawing from my years of appellate work, I shed light on the challenges and potential solutions when faced with these unexpected financial hurdles. Whether you're directly dealing with an appeal or simply curious about the legal intricacies, this episode offers valuable insights into an often-overlooked part of the legal process.Key TakeawaysSticker Shock of Transcripts: The cost of obtaining trial transcripts can be unexpectedly high, as seen with a recent $9,800 estimate for a four-day trial. It's a sobering reality for many families trying to appeal convictions.The Necessity of Transcripts: Despite the costs, transcripts are crucial for effective appellate work. They provide a clear record of the trial proceedings, which is essential for building a strong appeal case.Planning for Hidden Costs: Individuals looking to appeal should be prepared for these hidden costs, as they can significantly impact the decision to pursue appellate action. Considering potential expenses ahead of time can help in better financial planning.Submit your questions to www.lawyertalkpodcast.com.Recorded at Channel 511.Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.Steve has unique experience handling numerous high publicity cases that have garnered national attention.For more information about Steve and his law firm, visit Palmer Legal Defense. Copyright 2025 Stephen E. Palmer - Attorney At Law Mentioned in this episode:Circle 270 Media Podcast ConsultantsCircle 270 Media® is a podcast consulting firm based in Columbus, Ohio, specializing in helping businesses develop, launch, and optimize podcasts as part of their marketing strategy. The firm emphasizes the importance of storytelling through podcasting to differentiate businesses and engage with their audiences effectively. www.circle270media.com

In this Q&A session, I talk more about the realm of privacy and the Fourth Amendment. I answer an intriguing comment from a listener concerning our fundamental right to privacy and how it fares against government actions.I'll explore both sides of this debate, tackling questions about individual rights, the role of law enforcement, and the precarious balance between safety and freedom. We unravel why these constitutional protections are crucial, and what they mean for you. Here are three key takeawaysBalancing Act: I highlight the importance of balancing the need for security with individual privacy rights. While stopping crime is crucial, maintaining control over personal spaces without unwarranted searches is just as important.Fourth Amendment Protections: The Fourth Amendment is designed to protect citizens from government overreach. It's not only about the 'bad actors' but also understanding that even good intentions can lead to infringements on privacy if not checked.Assert Your Rights: Even if you're not hiding anything illegal, it's essential to understand and assert your legal rights. I stress the importance of knowing your rights to ensure they remain intact for everyone.Got a question you want answered on the podcast? Call 614-859-2119 and leave us a voicemail. Steve will answer your question on the next podcast!Submit your questions to www.lawyertalkpodcast.com.Recorded at Channel 511.Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.Steve has unique experience handling numerous high-publicity cases that have garnered national attention.For more information about Steve and his law firm, visit Palmer Legal Defense. Copyright 2025 Stephen E. Palmer - Attorney At Law Mentioned in this episode:Circle 270 Media Podcast ConsultantsCircle 270 Media® is a podcast consulting firm based in Columbus, Ohio, specializing in helping businesses develop, launch, and optimize podcasts as part of their marketing strategy. The firm emphasizes the importance of storytelling through podcasting to differentiate businesses and engage with their audiences effectively. www.circle270media.com

We're talking about those real-world scenarios law students won't find in our textbooks. In this "They Don't Teach You That in Law School" edition, we tackle the complex and fascinating topic of entrapment. We explore everything from undercover operations and chat room stings to the infamous DeLorean cocaine case, decoding what truly constitutes entrapment and examining the differences between what we're taught and what really happens in practice. We peel back the curtain on high-profile cases and the controversial role of the administrative state. Whether you're a law student, a lawyer, or just curious about how these defenses play out, this episode is sure to expand your perspective.I reference our past episode Cocaine Island, Episode 100.Teachable Moments00:00 "Entrapment: Back to the Future Discussion"03:06 "Entrapment and Criminal Intent"09:01 Understanding Entrapment's Complexity12:08 Using Prior Convictions in Court14:13 Understanding Estoppel in Law19:02 Entrapment by Estoppel Explained21:06 "Rethinking Government Insurance Involvement"24:19 Interpreting Law: The Regulatory MazeHere's a quick peek at what's discussed:Understanding Entrapment: Ever wondered what really counts as entrapment? Bella and Troy pose some burning questions about how this defense works, with examples you might recognize from "To Catch a Predator." Real-World Legal Insights: I share my professional insights and anecdotes, touching on famous cases like the DeLorean entrapment case from the '80s. It's a fascinating look at how these defenses are argued beyond the classroom.The Role of Entrapment by Estoppel: Learn about this lesser-known defense strategy and how it's applied in unique situations, like the tale of the Southern Ohio tomato farmers. The Challenges of the Administrative State: The episode also tackles the complexities of regulatory schemes and the intricacies of administrative law that aren't typically taught within the four walls of a classroom. Submit your questions to www.lawyertalkpodcast.com.Recorded at Channel 511.Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.Steve has unique experience handling numerous high publicity cases that have garnered national attention.For more information about Steve and his law firm, visit Palmer Legal Defense. Copyright 2025 Stephen E. Palmer - Attorney At Law Mentioned in this episode:Circle 270 Media Podcast ConsultantsCircle 270 Media® is a podcast consulting firm based in Columbus, Ohio, specializing in helping businesses develop, launch, and optimize podcasts as part of their marketing strategy. The firm emphasizes the importance of storytelling through podcasting

I discuss the intricacies of post-conviction petitions and the nuances of the appellate process. As a seasoned appellate lawyer, I shed light on the critical timelines that can make or break an appeal and emphasize the importance of understanding the difference between a direct appeal and post-conviction petitions. I outline the crucial steps that need to be taken immediately following a conviction to ensure all avenues for appeal are properly pursued. With real-life examples and expert advice, I provide invaluable guidance for anyone navigating the complex legal terrain post-conviction. So, if you or someone you know is facing an appeal, this episode is a must-listen. Here's a sneak peek at some of the key takeaways:Timelines are Critical: Always be aware of the deadlines. In Ohio, for instance, the post-conviction petition deadline starts one year from when the trial transcript is filed in the court of appeals on the direct appeal.Know Your Ladders: I always emphasize the importance of understanding the two "ladders" in appellate work—direct appeal and post-conviction. Ignoring one can mean missing vital deadlines and opportunities to raise certain issues.Seek the Right Expertise: For a successful post-conviction petition, it’s essential to assemble the right team of expert witnesses. Whether it's medical, psychological, or forensic experts, their involvement can significantly influence the case.Submit your questions to www.lawyertalkpodcast.com.Recorded at Channel 511.Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.Steve has unique experience handling numerous high publicity cases that have garnered national attention.For more information about Steve and his law firm, visit Palmer Legal Defense. Copyright 2025 Stephen E. Palmer - Attorney At Law Mentioned in this episode:Circle 270 Media Podcast ConsultantsCircle 270 Media® is a podcast consulting firm based in Columbus, Ohio, specializing in helping businesses develop, launch, and optimize podcasts as part of their marketing strategy. The firm emphasizes the importance of storytelling through podcasting to differentiate businesses and engage with their audiences effectively. www.circle270media.com

In this episode, I'm looking back at our earlier debate ignited by a listener's comment on aerial privacy and the law. Joining me in the clip I reference is Troy Hendrickson, one of the two sharp law students from our They Don't Teach You That in Law School series.We're exploring the question: What happens when airplanes fly over your property? Do you have any reasonable expectation of privacy from above? I'll explain how the law strives to balance fixed rules with the need for flexibility in an ever-changing world, especially with advancements in surveillance technology. Here are 3 key takeawaysApplying Rules to Extremes: Lawyers often use seemingly far-fetched examples to test legal rules to their logical extremes, helping to identify exceptions and crafting rules that are both robust and adaptable.Evolving Legal Frameworks: As technology advances, the law must evolve too. Crafting legal rules involves finding a balance between providing clarity and adapting to unforeseen technological advancements.Dynamic vs. Rigid Law: A major theme is finding the balance between finality and adaptability in the law, allowing it to be both definitive for current use and flexible enough to suit future scenarios.Got a question you want answered on the podcast? Call 614-859-2119 and leave us a voicemail. Steve will answer your question on the next podcast!Submit your questions to www.lawyertalkpodcast.com.Recorded at Channel 511.Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.Steve has unique experience handling numerous high-publicity cases that have garnered national attention.For more information about Steve and his law firm, visit Palmer Legal Defense. Copyright 2025 Stephen E. Palmer - Attorney At Law Mentioned in this episode:Circle 270 Media Podcast ConsultantsCircle 270 Media® is a podcast consulting firm based in Columbus, Ohio, specializing in helping businesses develop, launch, and optimize podcasts as part of their marketing strategy. The firm emphasizes the importance of storytelling through podcasting to differentiate businesses and engage with their audiences effectively. www.circle270media.com

In this episode, we're talking about the practicalities of the legal profession that law school often overlooks. From the stress of managing a law practice to the nuances of client relations, we uncover how the real world changes the idealistic image painted in textbooks. We also touch on the importance of building a network and the unique challenges faced by those starting their own practice, especially in fields like criminal defense. Whether you're a seasoned lawyer, a law student, or someone considering this path, you'll find valuable insights into the day-to-day hustle of legal work. Key TakeawaysExpect the Unexpected: In real-world practice, lawyering isn't just about the grandeur cases and fancy cars. It's about juggling unexpected challenges and learning on your feet. Whether it's a surprise trial date or last-minute client issues, adaptability is essential.Client Relationships Are Crucial: Unlike public defenders, private lawyers must maintain a robust connection with their clients. Building trust isn't just about solving legal problems but understanding unique client needs beyond the courtroom.The Art of Business in Law: Starting a practice involves more than just legal knowledge. From understanding file management to keeping the phones ringing, the business side of a law practice is a constant learning curve. Success requires balancing client expectations with professional and personal workloads.Teaching Moments05:16 Starting a Law Practice Challenges09:36 Public vs. Private Legal Representation12:09 Role of Counselors in Legal Jobs16:24 "Balancing Private Practice Demands"17:57 Military vs. Civilian Life: PredictabilitySubmit your questions to www.lawyertalkpodcast.com.Recorded at Channel 511.Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.Steve has unique experience handling numerous high publicity cases that have garnered national attention.For more information about Steve and his law firm, visit Palmer Legal Defense. Copyright 2025 Stephen E. Palmer - Attorney At Law Mentioned in this episode:Circle 270 Media Podcast ConsultantsCircle 270 Media® is a podcast consulting firm based in Columbus, Ohio, specializing in helping businesses develop, launch, and optimize podcasts as part of their marketing strategy. The firm emphasizes the importance of storytelling through podcasting to differentiate businesses and engage with their audiences effectively. www.circle270media.com

In this episode, I explain the intricacies of Ohio's OVI laws in another one of our stimulating DUI 360 episodes. I'll be shedding light on why Ohio poses unique challenges for those facing OVI (or as it's known elsewhere, DUI) charges. This is largely due to an old case law called State versus Vega, which restricts defendants from questioning the general reliability of breath test machines in court. This leaves DUI lawyers, like me, with fewer defenses to work with. Key TakeawaysTwo Charging Methods: Ohio has two main avenues for charging OVI: the traditional way, where you're obviously impaired, and the per se way, which considers you guilty if your blood, breath, or urine shows a prohibited alcohol content, regardless of how sober you might appear.State vs. Vega: Ohio's unique legal precedent, established by State vs. Vega, prohibits attacking the general reliability of breath test machines in court. I delve into why this makes defending OVI cases particularly tough here, compared to other states.Admin Rule Concerns: There's a significant debate over non-elected officials making binding rules, like Ohio's Director of Health declaring breath test machines reliable without needing courtroom scrutiny. I explore the implications this holds for defendants.Submit your questions to www.lawyertalkpodcast.com.Recorded at Channel 511.Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.Steve has unique experience handling numerous high publicity cases that have garnered national attention.For more information about Steve and his law firm, visit Palmer Legal Defense. Copyright 2025 Stephen E. Palmer - Attorney At Law Mentioned in this episode:Circle 270 Media Podcast ConsultantsCircle 270 Media® is a podcast consulting firm based in Columbus, Ohio, specializing in helping businesses develop, launch, and optimize podcasts as part of their marketing strategy. The firm emphasizes the importance of storytelling through podcasting to differentiate businesses and engage with their audiences effectively. www.circle270media.com

I talk about the intricacies of oral arguments in the appellate process. What happens during oral arguments at the court of appeals? It's not about calling witnesses or retrying the case; it's about presenting compelling legal arguments to a panel of judges. I explain the importance of highlighting inequities in the trial and making a persuasive case for why the appeal should succeed. I also share insights into the dynamic nature of these proceedings, including how judges' questions play a pivotal role. Whether you're curious about the appeal process or want to explore some fascinating US Supreme Court arguments, this episode has you covered. What can you expect to learn?The unique dynamics of presenting an oral argument and how it differs from trial court proceedings.My top strategies for making a compelling case during an oral argument, focusing on the importance of pointing out inequities in the trial process.Why oral arguments are not just about reiterating written briefs but about adding "meat on the bone" to reinforce your points effectively.Submit your questions to www.lawyertalkpodcast.com.Recorded at Channel 511.Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.Steve has unique experience handling numerous high publicity cases that have garnered national attention.For more information about Steve and his law firm, visit Palmer Legal Defense. Copyright 2025 Stephen E. Palmer - Attorney At Law Mentioned in this episode:Circle 270 Media Podcast ConsultantsCircle 270 Media® is a podcast consulting firm based in Columbus, Ohio, specializing in helping businesses develop, launch, and optimize podcasts as part of their marketing strategy. The firm emphasizes the importance of storytelling through podcasting to differentiate businesses and engage with their audiences effectively. www.circle270media.com

In this episode, I've got an intriguing legal question for you that goes right into the heart of the Fourth Amendment. We're exploring a listener's thought-provoking comment about the tricky balance between zoning laws, personal privacy, and government overreach. Ever wondered if police can use drones to spy on you without a warrant? Well, that's exactly what we're unpacking today.I'll be discussing how building restrictions, like those pesky fence height limitations, intersect with our constitutional rights. We'll look at the sliding scale of privacy expectations and the complex world of government regulations. Plus, I'll talk about what all this means for our Fourth Amendment freedoms. It's an interesting conversation that challenges us to think critically about our rights and the laws that shape them. Here's what you need to know:Privacy vs. Regulations: There's a tension between zoning laws and your Fourth Amendment rights. If you're restricted from certain privacy measures, like building a high fence, what does that mean for your expectation of privacy?Freedom of Choice: We still have the choice of where to live, which impacts our privacy expectations. If living in a regulated area, sometimes our expectations of privacy need to adjust accordingly.Government Regulation Watch: If regulations start infringing on Fourth Amendment rights without a solid basis, they must be scrutinized. It's essential to understand when governmental action may overstep constitutional protections.Got a question you want answered on the podcast? Call 614-859-2119 and leave us a voicemail. Steve will answer your question on the next podcast!Submit your questions to www.lawyertalkpodcast.com.Recorded at Channel 511.Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.Steve has unique experience handling numerous high-publicity cases that have garnered national attention.For more information about Steve and his law firm, visit Palmer Legal Defense. Copyright 2025 Stephen E. Palmer - Attorney At Law Mentioned in this episode:Circle 270 Media Podcast ConsultantsCircle 270 Media® is a podcast consulting firm based in Columbus, Ohio, specializing in helping businesses develop, launch, and optimize podcasts as part of their marketing strategy. The firm emphasizes the importance of storytelling through podcasting to differentiate businesses and engage with their audiences effectively. www.circle270media.com

In this episode, I sit down with law student Troy for a really interesting chat about how criminal prosecution works, particularly when a victim isn’t willing to testify. We look at what rights victims have in the legal system and how the state can still move forward with a case even if the victim isn’t cooperating. We also take a look at laws like Marcy's Law in Ohio and how they impact things. Our conversation covers how these legal rules come into play in high-pressure situations and sheds light on important topics like evidence and confrontation rights. Plus, we discuss the unique challenges prosecutors face. Whether you’re studying law or just curious about how criminal defense operates, this episode gives you a fascinating glimpse into the stuff you might not learn in law school but will definitely encounter in the field.Key Moments04:19 Prosecutors Shifting to Victims' Input06:42 "The Burning Bed" Synopsis11:23 Courtroom Debate: Prosecutor vs. Victim Rights14:15 "Matlock Moment in Court Dramas"16:56 Confrontation and Defendant's Rights19:25 Proving Guilt Without Victim Testimony22:29 Jury Doubt and Confrontation Clause27:15 "Mastering Rules Before Creativity"Here's what you'll discoverVictim's Role: Understand the implications of Marcy's Law and how victim input is dynamically shaping courtroom decisions - but not always as a deciding factor.Confrontation Conundrum: Gain clarity on the Sixth Amendment's Confrontation Clause and its critical role in ensuring defendants can question their accusers in court, which is fundamental to fair trials.Evidential Challenges: Learn about how the absence of victim testimony creates hurdles for the prosecution and how hearsay exceptions can or cannot overcome these obstacles.Submit your questions to www.lawyertalkpodcast.com.Recorded at Channel 511.Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.Steve has unique experience handling numerous high publicity cases that have garnered national attention.For more information about Steve and his law firm, visit Palmer Legal Defense. Copyright 2025 Stephen E. Palmer - Attorney At Law Mentioned in this episode:Circle 270 Media Podcast ConsultantsCircle 270 Media® is a podcast consulting firm based in Columbus, Ohio, specializing in helping businesses develop, launch, and optimize podcasts as part of their marketing strategy. The firm emphasizes the importance of storytelling through podcasting to differentiate businesses and engage with their audiences effectively. www.circle270media.com

In this episode, I'm drawing from my extensive experience in criminal appellate practice to emphasize how important it is to meet filing deadlines after a conviction. Think of it as a game of chess—when you meet your deadlines, your strategic options are wide open, much like having a queen in the center of the board. But miss those deadlines, and it's like finding your queen trapped in a corner with limited moves. Focusing on the legal system in Ohio, I'll explain the necessity of filing a notice of appeal within thirty days of your sentencing entry and share strategies for those who have unfortunately missed the deadline. Beware of the jurisdictional challenges if these deadlines slip by, especially when aiming for reviews in higher courts. It's crucial to engage a knowledgeable appellate lawyer quickly to explore every possible option for appeal. Key TakeawaysCriticalness of Deadlines: Missing the 30-day deadline for filing a notice of appeal can severely limit your legal options. It's like having your chess queen cornered on the board, reducing your chance of success.Options for Missed Deadlines: In Ohio, you might still have a few techniques to explore if you miss your direct appeal, especially with the right justifications.Importance of a Specialized Appellate Lawyer: Engaging a knowledgeable appellate lawyer is vital for exploring all your options globally and preserving your case for potential federal review.Submit your questions to www.lawyertalkpodcast.com.Recorded at Channel 511.Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.Steve has unique experience handling numerous high publicity cases that have garnered national attention.For more information about Steve and his law firm, visit Palmer Legal Defense. Copyright 2025 Stephen E. Palmer - Attorney At Law Mentioned in this episode:Circle 270 Media Podcast ConsultantsCircle 270 Media® is a podcast consulting firm based in Columbus, Ohio, specializing in helping businesses develop, launch, and optimize podcasts as part of their marketing strategy. The firm emphasizes the importance of storytelling through podcasting to differentiate businesses and engage with their audiences effectively. www.circle270media.com

I'm tackling a timely question from our listener, Thomas, about the legality of police waiting outside bars and following drivers. Thomas's neighbor was recently pulled over for a DUI after rolling through a stop sign. I'll walk you through why law enforcement often sets up near bars during peak drinking hours and discuss what makes certain police practices legal and constitutional in these scenarios. Remember, this isn't legal advice, but rather a chance to clear up common misconceptions and let you know the nuances of traffic stops and DUI charges. Key TakeawaysStrategic Patrols: Just like hunters and fishers go where they expect to succeed, police often patrol areas near bars to catch potential drunk drivers. While this might feel unfair, it's not illegal.Traffic Violations Matter: Even minor infractions, like rolling through a stop sign, can give police a reason to pull you over. If there's an observable traffic violation, this is viewed as a justified stop under the Fourth Amendment.Expectation of Privacy: Although we have a reasonable expectation of privacy in our cars, police need a valid reason for traffic stops, and a traffic violation can provide that reason.Got a question you want answered on the podcast? Call 614-859-2119 and leave us a voicemail. Steve will answer your question on the next podcast!Submit your questions to www.lawyertalkpodcast.com.Recorded at Channel 511.Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.Steve has unique experience handling numerous high-publicity cases that have garnered national attention.For more information about Steve and his law firm, visit Palmer Legal Defense. Copyright 2025 Stephen E. Palmer - Attorney At Law Mentioned in this episode:Circle 270 Media Podcast ConsultantsCircle 270 Media® is a podcast consulting firm based in Columbus, Ohio, specializing in helping businesses develop, launch, and optimize podcasts as part of their marketing strategy. The firm emphasizes the importance of storytelling through podcasting to differentiate businesses and engage with their audiences effectively. www.circle270media.com

After a conviction, many wonder what their next steps should be, and I'm here to provide insight into that very process.As a practicing attorney with Palmer Legal Defense, I've handled numerous appeals not only in Ohio but in federal and state courts nationwide. In this episode, I focus on the direct appeal process, which moves directly from the trial court conviction to the court of appeals. I explore what mistakes can be argued based on the trial record, including evidentiary errors and courtroom rulings, and what issues must be saved for other appeals. So, if you're curious about the legal intricacies post-conviction, stay tuned as I start climbing the direct appeal ladder. Submit your questions to www.lawyertalkpodcast.com.Recorded at Channel 511.Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.Steve has unique experience handling numerous high publicity cases that have garnered national attention.For more information about Steve and his law firm, visit Palmer Legal Defense. Copyright 2025 Stephen E. Palmer - Attorney At Law

What are the potential reasons a lawyer might withdraw from a case, and how do these reasons relate to attorney-client privilege?With law students Bella Mata and Troy Hendrickson, I discuss the complexities surrounding a lawyer's decision to withdraw from a case. Using a recent high-profile legal situation as a backdrop, the conversation unravels the layers of ethical and moral considerations faced by defense attorneys.Key Takeaways:Ethical Dilemmas: Withdrawal from a case is not always straightforward. Lawyers must navigate complex ethical and moral grounds, ensuring they do not compromise the client's right to effective representation.Reasons for Withdrawal: Common reasons include conflicts of interest, financial issues such as non-payment, and personal beliefs or moral conflicts that prevent a lawyer from providing unbiased representation.Judge's Role: A court must grant permission for a lawyer to withdraw from a case. The judge's decision is pivotal and can depend on various factors, including the attorney's reason for withdrawal and the potential impact on the client's right to a fair trial.Key Moments00:00 Motivations of a Defense Lawyer05:27 Questioning Legal Fit or Capacity07:08 Motion to Withdraw Explained10:30 "Judge Removal Due to Ethics"14:24 "Rico's Uncertain Trial Status"Submit your questions to www.lawyertalkpodcast.com.Recorded at Channel 511.Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.Steve has unique experience handling numerous high publicity cases that have garnered national attention.For more information about Steve and his law firm, visit Palmer Legal Defense. Copyright 2025 Stephen E. Palmer - Attorney At Law

I tackle a crucial yet often misunderstood aspect of the legal process – the suppression hearing. After receiving a client question, I break down what a suppression hearing entails, explaining the motions filed to challenge evidence admissibility based on constitutional rights like the Fourth and Fifth Amendments. I hope you will gain insights into the burden of proof required from the prosecution, the role of the defense, and the strategic importance of evidence such as body cam and dash cam footage. For anyone facing a DUI/OVI charge or working in the legal field, understanding suppression hearings is pivotal. Key TakeawaysWhat is a Suppression Hearing? I explain the function of a suppression hearing, emphasizing its role in challenging the admissibility of evidence in court. It’s not just legal jargon; understanding it could make a significant difference in the outcome of a case.The Legal Process: Learn about the motions filed by defense attorneys seeking to have evidence thrown out. I explain how these motions work and what constitutional violations they might allege, focusing particularly on Fourth and Fifth Amendment rights.Burden of Proof: Discover who carries the burden of proof during a suppression hearing and the strategic advantage this provides the defense. I share an anecdote from his early days in law school, highlighting this key aspect.Body Cam and Dash Cam Footage: In today's technological age, evidence collection has evolved. I discuss how crucial body cam and dash cam footage have become in presenting or defending a case.Real-life Application: Through the lens of an upcoming case I am working on, you will get a firsthand understanding of how these legal principles come into play in real scenarios.Submit your questions to www.lawyertalkpodcast.com.Recorded at Channel 511.Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.Steve has unique experience handling numerous high publicity cases that have garnered national attention.For more information about Steve and his law firm, visit Palmer Legal Defense. Copyright 2025 Stephen E. Palmer - Attorney At Law

In this episode of Lawyer Talk, I am breaking down a hot topic: the Supreme Court case, Snyder vs United States, and a listener's big question on bribery. Ever wondered what really counts as a bribe? Or how gratuities fit into the whole mix? I am here to clear up the confusion and make sense of it all, without diving into the political rabbit hole. I talk about how the law defines bribery and why sometimes things aren't as straightforward as they seem. https://www.scotusblog.com/case-files/cases/snyder-v-united-states/Here are some key takeaways from the discussion:Bribery vs. Gratuity: Understand the critical distinctions between a bribe (an influencing payment made before an action) and a gratuity (a gesture of gratitude after an action). The nuances are vital for legal definitions.Statutory Interpretation: The importance of accurately interpreting the law is highlighted. In Snyder vs. U.S., the Supreme Court ruled that the conduct didn't fit the statutory definition of bribery under federal law, emphasizing the consequences of prosecutorial decisions.Rigorous Ethics Compliance: The conversation sheds light on how strict ethics rules are, especially in legal and government spheres, prohibiting even small gestures like buying a Coke for a public official.Got a question you want answered on the podcast? Call 614-859-2119 and leave us a voicemail. Steve will answer your question on the next podcast!Submit your questions to www.lawyertalkpodcast.com.Recorded at Channel 511.Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.Steve has unique experience handling numerous high-publicity cases that have garnered national attention.For more information about Steve and his law firm, visit Palmer Legal Defense. Copyright 2025 Stephen E. Palmer - Attorney At Law

This episode marks a significant milestone as we celebrate our 400th episode. Since our very first recording back in February 2018, so much has changed—from starting with basic equipment in my office to creating the dynamic studio we're in today. In this episode, we reflect on the journey and evolution of our podcast, from serious legal discussions to casual and fun roundtable talks on crazy news stories.But onto what they don't teach in law school.We discuss the real-world topic that uncovers the intersection of media sensationalism and the criminal justice system. Law students Bella Mata, Troy Hendrickson and I explore the captivating case of Luigi and its broader implications within the legal landscape. From discussing past high-profile cases to understanding the ever-evolving dynamics of courts, justice, and public perception, this episode will challenge what you thought you knew about fairness, justice, and the influence of media on legal proceedings.Key Moments00:00 Podcast Milestone: Episode 400 Celebration05:32 Sensational Trials and Media Impact07:23 FBI Raids on Trump and Allies10:53 Surprise Indictment Shocks Defense Attorney15:14 Lawyer Grandstanding: Egos Over Justice16:40 Courtroom Strategy for Fair Trial19:38 Luigi's Dilemma: Villain or Hero?22:12 "Context Matters in Court Hearings"27:55 Media Narratives and Legal Ethics29:49 "Justice System Fairness Debate"32:35 Demand for Fair Legal ProcessHere are some key takeaways - Sensationalism vs. Fairness: We examine the impact of media sensationalism on high-profile legal cases and the challenges of ensuring a fair trial amidst public and political scrutiny.Managing Media in Legal Cases: I share insights on the importance of effectively communicating with the media, especially during high-publicity cases, to manage public perception and maintain a fair judicial process.Complexities of the Justice System: Engaging discussions highlight the complexities and inconsistencies within the justice system, emphasizing that while striving for fairness, real-world application often presents unpredictable challenges.Submit your questions to www.lawyertalkpodcast.com.Recorded at Channel 511.Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.Steve has unique experience handling numerous high publicity cases that have garnered national attention.For more information about Steve and his law firm, visit Palmer Legal Defense. Copyright 2025 Stephen E. Palmer - Attorney At Law

I break down how the state of Ohio's approach to recreational and medical marijuana intersects with OVI laws. Despite marijuana being legal under state law, driving under the influence remains a legal gray area. I explain the two main types of offenses: operating a vehicle while high and having a prohibited concentration of THC or its metabolites in your system. With drug recognition experts often under scrutiny for their methods, attorneys challenge these cases while different jurisdictions handle them differently. I offer essential advice on navigating Ohio's tricky landscape of pot-related DUI charges. And remember, when faced with such charges, getting legal assistance is key.Key Takeaways:Understanding the Law: Like alcohol, marijuana-related OVI can be charged if you're under the influence or have a prohibited concentration of THC/metabolites in your system.Proving Influence: It's tricky to prove marijuana impairment since THC can linger. Police use "Drug Recognition Experts" (DREs), but their methods can be challenged.Legal Defense: If facing an OVI charge, it's essential to hire a competent Ohio lawyer to navigate the complexities and challenge the evidence effectively.Submit your questions to www.lawyertalkpodcast.com.Recorded at Channel 511.Stephen E. Palmer, Esq. has been practicing criminal defense almost exclusively since 1995. He has represented people in federal, state, and local courts in Ohio and elsewhere.Though he focuses on all areas of criminal defense, he particularly enjoys complex cases in state and federal courts.He has unique experience handling and assembling top defense teams of attorneys and experts in cases involving allegations of child abuse (false sexual allegations, false physical abuse allegations), complex scientific cases involving allegations of DUI and vehicular homicide cases with blood alcohol tests, and any other criminal cases that demand jury trial experience.Steve has unique experience handling numerous high publicity cases that have garnered national attention.For more information about Steve and his law firm, visit Palmer Legal Defense. Copyright 2025 Stephen E. Palmer - Attorney At Law