Lawyer Talk: Off the Record

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 s...

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 th...

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 unr...

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 wha...

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 convictio...

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 fr...

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, esp...

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 cou...

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...

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 discuss...

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. O...

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 wi...

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 scenar...

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 e...

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 fac...

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...

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...

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...

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...

I take you through a thought-provoking discussion on the principles of innocent until proven guilty, especially in light of the Luigi murder case. Whether you're in the legal profession or simply interested in the justice system, there are key takeaways from this episode worth reflecting on. Here are three pivotal insights: Balancing Reality with Legal Principles : I emphasize the necessity of uph...

Join me, Steve Palmer, on Lawyer Talk as I launch a new series, "What's The Appeal?" We're looking into the appellate process from start to finish. Whether you're curious about appeals or simply seeking clarity, this series is for you. Over the next episodes, I'll break down each stage with a big-picture overview and a detailed look at what happens after a conviction and sentencing. Submit your qu...

Drone Surveillance and Fourth Amendment Rights On the latest episode of Lawyer Talk, host Steve Palmer, along with law students Troy Hendrickson and Bella Mata, talk about the evolving legal landscape around drone technology and its implications for privacy under the Fourth Amendment. As drones become more accessible and commonplace, their use in surveillance, especially by the police, raises new...

Many listeners wonder why and when police can request such tests during a routine stop. In this episode, I break down the legal framework surrounding these tests, explaining the standards police must meet to justify their requests. I provide valuable insights into the process. Importantly, I clarify that while police can ask for these tests, you have the right to decline. I dissect these legal pri...

In this episode, I focus on the challenges and possibilities of appealing a criminal conviction long after the fact. I emphasize that while ideally appeals and legal inquiries should be pursued promptly after conviction, there are still avenues available for those who discover new evidence years later. Key Takeaways from the Episode: Immediate Action is Key: Steve emphasizes the importance of acti...

"Understanding Canada's Inadmissibility Laws": "The inadmissibility laws apply whether it's it's not if you have a conviction in your home country per se, it's whether the conviction you have would be a conviction under a federal law in Canada." - Maggie Stewart This time, we're talking about cross-border legal issues with a special guest, Maggie Stewart from Mundial Law in California. If you trav...