Lawyer Talk: Off the Record

I’m answering a great follow-up question that came straight from our producer, Brett at Circle 270 Media. After talking about search warrants and the “four corners” requirement, Brett asked: What happens if the police are searching for one thing, like a brick of cocaine, but while they're lawfully inside your house, they stumble on something else illegal—say, an unlawful firearm? I walk you throug...

I’m tackling the twists and turns of the criminal appellate process—particularly the difference between direct and indirect appeals, also known as post-conviction or habeas corpus actions. I’m drawing directly from my experiences and real questions that come up in my practice, breaking down what I call the “appellate ladder” that anyone must climb after a conviction, especially here in Ohio. I’ll...

In this Q&A episode, I answer a question about search warrants and explain the difference between a standard motion to suppress and the all-important Franks motion. Responding to a listener’s question, I break down how police affidavits are used to obtain search warrants, what happens when there’s a lack of probable cause, and what it means if law enforcement lies—or leaves out key information...

Whether you’re curious about the details of the preliminary hearing, how the defense will handle the mountain of evidence, or why even the most reviled defendants still deserve a robust legal defense, this episode will unpack the complexities and answer your pressing questions as the case unfolds. This is what you NEED to know about how the justice system will handle the country’s highest-profile...

From navigating the temptations (and pitfalls) of using your personal cell phone for business to setting clear expectations with clients—especially when things move slowly, like in appellate cases—we get real about the day-to-day struggles of keeping clients informed without burning out. We discuss why establishing boundaries from the start is not just practical but essential, and how maintaining...

If you’ve ever wondered who really makes laws in this country or what happens when protest and free speech collide, stick around. Let's look at President Trump’s executive order on flag burning. There’s a lot of chatter out there about what an executive order actually is, what power the president really has, and how the Constitution fits into all this—and honestly, a lot of people are getting it w...

Here's a question from listener Andy: “Do I have to show police my ID if they randomly ask me in public?” I talk about what the law actually says, why some states have specific rules, and how the Supreme Court has weighed in on the whole situation. You’ll get the scoop on what “reasonable suspicion” really means, whether the cops can just stop you for no reason, and what you should know if you eve...

I’m explaining the confusing world of DUI breath tests and answering one of the most common questions I get: should you take a breathalyzer if police stop you? Based on real questions from listeners and my own experience as a lawyer, I'm breaking down the concept of “implied consent”—that idea that just by driving in Ohio (and most other states), you’re agreeing to breath testing whether you reali...

In this episode, we are discussing what they never teach you in law school—how the real world of law clerkships really works. Joining me is Troy Hendrickson, my resident law clerk and a current law student, who brings his own fresh experiences to the table. Together, we break down what it actually means to be a law clerk—beyond the fancy titles—and get honest about pay expectations, resume-boostin...

I’m Steve Palmer, and today I’m answering a great question sent in by Nancy from Ohio. Her son was arrested for OVI—even though his breath test was 0.07, which is below the state’s legal limit of 0.08. How is that possible? In this episode, I’ll clear up the confusion around Ohio’s OVI laws, explain the difference between “impaired” and “per se” charges, and share how prosecutors build their cases...

I got a listener question about the Bryan Kohberger sentencing and a comment President Trump made on social media. Trump suggested that the judge should force Kohberger to explain why he committed such terrible crimes—but is that really something a judge can do? Drawing on my own experience practicing law in Ohio, I’ll walk you through the ins and outs of plea hearings, what rights a defendant act...

“What does it mean if you receive a target letter from the United States Attorney’s office?” With my background in federal criminal defense, I’ll explain exactly what a target letter is, why the government sends them out, and what you should do if you ever find one in your mailbox. I’ll share real-world examples from my own cases—involving everything from tax evasion to firearms—and walk you throu...

Steve Palmer here - I'm joined by our resident law student, Troy Hendrickson, who’s here to bring a fresh perspective and some real-life questions from the trenches. Today, Troy brings up a hot topic that’s been making waves among his fellow clerks and across legal social media: Can courts stop ICE agents from making arrests inside the courtroom? We look into real cases—including one where a judge...

The Limitations of AI in Legal Document Review: "You can't just rely on the AI because AI isn't perfect. They don't see things that, they don't see that other dimensional focus that you want if you're going to prepare an actual defense to a case." - Steve Palmer I’m giving you my take on one of the hottest topics in the legal world right now: artificial intelligence. More and more companies are us...

In this follow-up episode, I’m digging deeper into the behind-the-scenes realities of how judges get involved in plea deals—something that came up after a listener asked about the high-profile Kohberger case. Drawing from my own experience in the courtroom, I break down what actually happens when the defense and prosecutor work out a resolution, and just how much the judge usually knows ahead of t...

This week, we're talking about one of the toughest real-life dilemmas facing new lawyers—something law school rarely prepares you for: navigating client wishes versus ethical boundaries. We take you behind the scenes of everyday law practice. From handling clients who want to take highly risky (sometimes, downright hopeless) legal steps to the tough decisions attorneys must make about which fights...

One of the most important—and often overlooked—aspects of the criminal justice process: how to choose the right appellate lawyer. Over the years, especially as I’ve shifted my practice even more toward appellate work since COVID, I’ve seen firsthand how critical it is to have someone by your side who knows the ins and outs of appeals, post-conviction rights, and all the potential pitfalls along th...

I’m tackling a question from Lucy about what’s really going on with Ghislaine Maxwell, Jeffrey Epstein’s infamous associate. There’s a lot of mystery and speculation swirling around this case—from plea deals and pending appeals to the mechanics of Congressional subpoenas and whether Maxwell might actually decide to spill what she knows. I’ll walk you through the legal nitty-gritty: how prosecutors...

Steve Palmer sits down with Troy Hendrickson, our resident law student, for a deep dive into what law school doesn’t always teach you—this time, focusing on the mysterious world of grand juries. They break down what a grand jury is, the differences between grand and trial (petit) juries, and why the standard of proof is much lower at the indictment stage than at trial. Steve and Troy use the recen...

"And first and foremost, we look for objections. So if the trial lawyer, if the defense lawyer says, object, this evidence shouldn't come in, or object, I want this evidence to come in and you're not letting me do it." - Steve Palmer I’m pulling back the curtain on how I approach analyzing trial transcripts during the criminal appeals process. I’ll walk you through my method for preparing an appea...

What should you do if you feel like your attorney isn’t really on your side? I get calls like this more often than you’d think, and let me tell you—it’s not as straightforward as just hiring someone new. I’ll walk you through the realities of “firing” your lawyer, the ethical boundaries I have to consider when talking to someone who’s already represented, and why communication breakdowns trigger m...

I’m taking you behind the scenes of a fascinating aspect of criminal appeals that most people overlook: the cross appeal. Now, I know it might sound boring or routine at first, but trust me—once you’re in the thick of appellate work, it gets a whole lot more interesting. I’ll be sharing a recent experience from my own legal practice, where, after winning a significant post-conviction case, the sta...

I tackle a topic that sparks a lot of debate: why do people who seem obviously guilty still enter a "not guilty" plea in court? After a recent conversation with a sharp, strong-willed friend who was baffled by this, I decided it's time to break down what really happens at an arraignment. I'll share why starting with a not guilty plea isn’t about denying the facts, but about making sure everyone ge...

Setting Boundaries as a Young Lawyer: "And being able to discern what you can do, what you can't do, what you should do, and what you shouldn't do as you start practice." - Steve Palmer I’m sharing a lesson that stuck with me from right after my own law school days: a lawyer is not a bus. Troy and I dive into what that really means—why you don’t have to stop for every client, why saying “no” can s...

“Can I appeal my conviction or sentence if I pleaded guilty?” I break down the realities of what happens when you plead guilty, how that decision limits your rights on appeal, and whether there’s any hope of changing your sentence after the fact. I’ll walk you through real-world scenarios I’ve seen in Ohio courts, explain the “magic words” judges have to say when handing down sentences, and why it...