Lawyer Talk: Off the Record

Join Steve Palmer, a seasoned criminal defense lawyer, as he shares valuable legal insights on DUI, traffic stops, and your rights in the legal system. For more, visit www.palmerlegaldefense.com. Recorded at Channel 511 in Columbus, Ohio: www.channel511.com

Lawyer Talk: Off the Record is a commentary podcast hosted by Unknown Host, with 0 episodes on record and a Required Pod Score of 80. PitchCentric scores this show on Booking Probability, Listen Score, and live audience signals refreshed every 24 hours.

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  Episode #578

  Breaking Down Kohberger: Legal Strategies When Withdrawing a Guilty Plea

  Aug 20, 20261h 4mS9

  Steve Palmer is joined by private investigator Scott Shepherd of Justified Investigations for the inaugural installment of our new series, "What Would We Do?" Together, they dig deep into the highly-publicized case of Bryan Kohberger, the man who pled guilty to the infamous quadruple homicide of University of Idaho students, but is now seeking to withdraw his plea. Steve Palmer and Scott Shepherd walk listeners through their approach if Kohberger called on them for help: Would they take his case? What are the legal standards around withdrawing a guilty plea? How would they investigate claims of mistakes or missed evidence, and is there any hope for overturning such a high-profile conviction? Drawing on real-world experience with post-conviction and appellate cases, the duo explains the legal and investigatory checklists they’d follow, what pitfalls and optics matter, and the hard realities of mounting a defense when the evidence seems stacked and the system favors finality. This episode offers a rare, insider perspective on handling notorious cases, the science around DNA and forensic evidence, and the cold calculus of criminal defense. 3 Key Takeaways: Thorough Post-Conviction Review Is Essential: The process isn't about simply retrying a case. It means digging deep, ordering transcripts, analyzing legal standards, and determining if any manifest injustice occurred. Every angle, document, and expert report must be scrutinized anew. Scientific Evidence Requires Expert Re-examination: DNA, forensic, and cell phone evidence must be independently re-analyzed, not just accepted at face value. Even seemingly overwhelming DNA evidence can be misinterpreted or inconclusive without proper expert consultation. Finality vs. Justice: The justice system is structured to resist reopening resolved cases. Unless there's a clear showing of manifest injustice, such as newly discovered exculpatory evidence or demonstrable ineffective counsel, courts are unlikely to allow plea withdrawals. Moments 09:36 Proving manifest injustice 12:39 Examining plea advisement and relief 17:28 Analyzing DNA Evidence 21:52 Gas station surveillance clues 29:47 Consulting with a medical expert 36:48 Lab testing and protocol differences 40:45 Investigator's approach to facts 48:19 Analyzing vehicle video evidence 52:14 Covering up evidence activities 58:28 Negotiating plea deals 01:02:34 Discussing legal challenges in evidence 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 2026 Stephen E. Palmer - Attorney At Law Mentioned in this episode: Circle 270 Media Podcast Consultants Circle 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

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  Episode #577

  How Private Investigators Strengthen Criminal Defense Cases

  Aug 10, 202647 minS9

  Think private investigation is all car chases or movie mysteries? Think again. I sit down with private investigator Scott Shepherd of Justified Investigations to pull back the curtain on what really happens behind the scenes in criminal defense cases. Forget the film noir clichés. Scott shares how his work differs from Hollywood’s gumshoes and spotlights the vital, often overlooked, partnership between investigators and defense attorneys. Together, we discuss the realities of building a defense case. From sifting through mountains of discovery, to identifying overlooked witnesses, to navigating trial prep and strategy as a team. With stories from the trenches, highlighting both close calls and the methodical process behind major courtroom victories, this episode offers an unfiltered look at the investigative work that can make or break a case. Learn why the best defense is the one that leaves no stone unturned, and how collaboration, humility, and rigorous investigation give clients their best shot at justice. Moments 00:00 Starting out in criminal defense 06:24 Understanding confirmation bias in law 06:51 Reflecting on trial lawyer ego 10:45 Discussing Scott's investigative skills 14:31 Old-school research paper methods 18:27 Working with investigators 21:26 Key witness memory issue 25:13 Role during trial preparation 27:31 Cross-examination with Mark Satawa 32:22 Investigating witness statements 34:52 Discussing client protection challenges 36:23 Collaborating on client interviews 41:43 Challenges of Interviewing Witnesses 42:35 Approach to building trust 5 Frequently Asked Questions About Private Investigators What does a criminal defense investigator actually do? A criminal defense investigator reviews discovery, finds and interviews witnesses, analyzes police work, discovers new information, and supports attorneys in building the best defense. How is a private investigator’s work different from police investigations? Police investigations aim to support prosecution and often miss alternative perspectives. Private investigators look for overlooked evidence, challenge police assumptions, and seek new witnesses to support the defense. Why is confirmation bias a risk for defense attorneys? Attorneys may assume they know every fact or interpret evidence through their own experiences. Investigators provide fresh, unbiased analysis to spot issues attorneys might miss. How do investigators handle reluctant or hostile witnesses? By approaching witnesses without being confrontational, using empathy, and explaining their neutral role, investigators can often secure valuable interviews—even when initial resistance is high. What makes a successful attorney-investigator partnership? Open collaboration, mutual respect, and a willingness to share information and discuss strategy allow investigators and attorneys to maximize their impact and prepare for every courtroom possibility. 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 2026 Stephen E. Palmer - Attorney At Law Mentioned in this episode: Circle 270 Media Podcast Consultants Circle 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

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  Episode #576

  Ohio House Bill 492 and Passenger Rights in Traffic Stops

  Aug 4, 20269 minS9

  Ohio’s new passenger ID law is making headlines—learn what it means for you when you ride in a car. Are Ohio Passengers Required to Show ID During Traffic Stops? Here’s What You Need to Know Refusing to do so is no longer a minor issue – it’s now a fourth-degree misdemeanor , meaning you could be facing up to 30 days in jail and a $250 fine for simply declining to identify yourself, even if you’re not driving. Legal History and Supreme Court Context The legal backbone for laws requiring identification during traffic stops includes Hiibel v. Sixth Judicial District Court of Nevada. This is a U.S. Supreme Court case that solidified police authority to request identification when there is reasonable suspicion for a stop. But what about passengers ? We look at Brendlin v. California (2007) , where the Supreme Court held that passengers, as well as drivers, can challenge the legality of a traffic stop and the admissibility of evidence found during those stops. This gives passengers certain legal “standing” they didn’t have before, bringing new dimensions to how laws like Ohio’s might be interpreted and challenged. Current Legal Landscape and Unresolved Questions There is uncertainty around how this new law will fare in the courts. There are relevant decisions from the Sixth Circuit (which covers Ohio), where refusing to provide identification didn’t necessarily rise to the level of obstruction of official business—until now, with this newly created crime. Here are several points to consider: Whether requiring passengers to identify themselves, absent any reasonable suspicion against them, is constitutional. If enforcement of this law unreasonably prolongs traffic stops, an issue courts have frowned upon in the past. The potentially harsher punishment for passengers (a misdemeanor) compared to some minor traffic offenses that prompted the stop in the first place. Predictions and Future Court Battles We predict that Ohio’s Passenger ID Law is almost certain to end up before the U.S. Supreme Court , given the absence of clear precedent and the high stakes involved. The prevailing prediction? If there is reasonable suspicion for the traffic stop itself, courts may side with allowing police to request identification from all occupants, upholding the constitutionality of Ohio’s new law—even as the hosts express their own reservations about its fairness and logic. Takeaways: Ohio House Bill 492 requires passengers, not just drivers, to provide their name, address, and date of birth when requested by law enforcement during a lawful traffic stop Failing to comply with the law is a fourth-degree misdemeanor, carrying up to a $250 fine and 30 days in jail The law does not require passengers to physically hand over an ID card—providing information verbally is sufficient Past high-profile court cases and constitutional questions suggest this law may face significant legal challenges—potentially reaching the U.S. Supreme Court Practical examples illustrate how these rules play out in everyday scenarios, what police can lawfully ask, and whether refusing can constitute obstruction 5 Frequently Asked Questions about Ohio House Bill 492 Do passengers have to show ID in Ohio if stopped by police? - Yes, under Ohio House Bill 492, passengers in lawfully stopped vehicles must provide their name, address, and date of birth to police if asked. Is it a crime to refuse to provide ID as a passenger in Ohio? - Refusing to provide the required information is a fourth-degree misdemeanor, punishable by up to a $250 fine and 30 days in jail. Do you have to physically hand over your ID card as a passenger? - No, the law only requires you to verbally provide your name, address, and date of birth upon request. Can police prolong a traffic stop to check passengers’ IDs? - The discussion explored concerns that asking for passenger IDs might unlawfully extend the stop, especially if there’s no reasonable suspicion—this could be a basis for future legal challenges. Has the U.S. Supreme Court decided on this specific issue? - Not yet; while related cases were discussed, the Supreme Court has not directly ruled on whether states can require passengers to provide ID during traffic stops. The issue may be heard in the future. 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 2026 Stephen E. Palmer - Attorney At Law Mentioned in this episode: Circle 270 Media Podcast Consultants Circle 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

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  Episode #574

  Know Your Rights Before Pleading Guilty

  Jul 29, 202622 minS9

  Before you accept a plea bargain, understand the in-depth breakdown of the plea process and your constitutional rights. What Really Happens When You Plead Guilty? Essential Rights, Plea Bargains, and Court Procedures Revealed When someone pleads guilty to a crime, it’s much more than just signing a form or standing before a judge. Steve Palmer, a seasoned criminal defense attorney, breaks down everything you need to know about plea bargains, what your rights really are, and why understanding the process can make all the difference in court. Whether you’re a client facing charges, an attorney, or simply interested in the justice system, this episode details what happens step-by-step—what a plea colloquy entails, the rights you give up, and the legal obligations of your attorney. Bullet Takeaways: The meaning of knowingly, intelligently, and voluntarily pleading guilty—and why it matters What a plea bargain is, how it works, and the importance of written agreements Essential constitutional rights you are waiving (jury trial, confrontation, compulsory process, right to silence, appeal, and more) The risks of assuming what a judge will do at sentencing—and why there are no guarantees Why thorough communication with your attorney before going to court is crucial 5 Frequently Asked Questions about pleading guilty What does it mean to plead guilty "knowingly, intelligently, and voluntarily"? - It means the defendant fully understands what pleading guilty involves, is not being coerced, and is making the choice freely and with all necessary information. What is a plea colloquy and why is it important? - A plea colloquy is a dialogue in court to ensure the defendant understands their rights, the plea terms, and what they are waiving. It helps protect the plea from being challenged later. Which constitutional rights are given up when pleading guilty - Rights waived include: trial by jury, presumption of innocence, right to remain silent, confrontation of witnesses, compulsory process, right to appeal, and the right to an attorney at trial. Are recommendations from the prosecutor or defense about sentencing binding on the judge? - In Ohio, most recommendations are not binding. The judge has discretion and can change their mind, even after expressing intent to follow the recommendation. Why is preparation with your attorney before a plea so important - Without thorough pre-plea discussions, clients may not truly understand what they are agreeing to. Proper preparation ensures informed consent and reduces the risk of misunderstandings or regret. 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 2026 Stephen E. Palmer - Attorney At Law Mentioned in this episode: Circle 270 Media Podcast Consultants Circle 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

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  Episode #573

  Fightin' Words and Free Speech Law

  Jul 28, 202614 minS9

  Discover what counts as fighting words, why it matters for free speech, and how hate speech laws are challenged in court. You’ve heard the phrase, but did you know “fighting words” are more than just cartoon banter? We break down where this legal doctrine comes from—and why it matters for free speech today. The History The concept goes way back to Chaplinsky v. New Hampshire (1942). Walter Chaplinsky was arrested for calling a city marshal a “GD racketeer” and “damned fascist.” The law at the time allowed arrest for any “offensive, derisive, or annoying word” spoken in public. The Supreme Court unanimously concluded that “fighting words”—those which by their very utterance inflict injury or incite immediate breach of peace—are not protected speech 01:28. Modern Implications What about today’s hottest speech debates? Many believe causing offense or being subjected to hate speech should be criminalized. But modern courts have limited the fighting words doctrine, instead requiring that the words would provoke a reasonable person—not just offend someone subjectively 04:26. In R.A.V. v. City of St. Paul , the Supreme Court struck down selective bans targeting specific viewpoints, meaning laws can't target speech based on its message alone 05:47. Virginia v. Black established “true threats” as separate: burning a cross with an intent to intimidate is not protected, but burning a cross at a rally, without specific threats, is classified as protected expressive conduct 06:41. “That’s Offensive!”—Is It a Crime? Calling someone the wrong pronoun, yelling insults at police, or using crude language? Most of these are still protected under the First Amendment—unless there’s a credible, specific threat behind them 12:38. Police even have to put up with some name-calling in the line of duty—courts say you need thick skin if you’re going to wear the badge in America! Confused? So are we! The fight over fighting words is always evolving. Drop your questions, comments, or legal hypotheticals on our episode page or at lawyertalkpodcast.com. We’ll dive even deeper if you want to geek out on the legal details. 5 Frequently Asked Questions about Fighting Words What are fighting words? Fighting words are those that by their very utterance inflict injury or tend to incite an immediate breach of the peace, as defined in Chaplinsky v. New Hampshire. Is hate speech protected by the First Amendment? Generally, yes. Courts have ruled that the government cannot ban speech based on content or viewpoint, although true threats and certain conduct can be restricted. Can you be punished for insulting a police officer? Insulting a police officer (calling them a name) is typically protected speech, but direct threats (such as threatening harm) are not. What is the difference between fighting words and true threats? Fighting words are those that provoke immediate violence from the person addressed; true threats are statements meant to communicate a serious intent to harm. How do disorderly conduct laws interact with free speech? Disorderly conduct laws can validly restrict speech based on time, place, and manner, but not solely on the content of the speech unless it rises to the level of fighting words or true threats. 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 2026 Stephen E. Palmer - Attorney At Law Mentioned in this episode: Circle 270 Media Podcast Consultants Circle 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

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