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

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 upholding the presumption of innocence in legal practice while acknowledging the real-world instincts about a case. This dual mindset ensures that justice is not only served but perceived with fairness.
• The Role of Criminal Defense Lawyers: Representing seemingly guilty clients is not about agreeing with their actions but ensuring that the law is applied impartially and justly. As I note, this responsibility is crucial for maintaining a just society for all individuals.
• Historical and Cultural Context of Justice: I refer to historical precedents like the dialogue from A Man for All Seasons, illustrating the timeless importance of preserving legal rights, even for those we might naturally oppose.

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

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 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

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 legal challenges and questions.

Here are some key takeaways from our discussion:

Reasonable Expectation of Privacy

• The application of Fourth Amendment rights hinges on whether individuals have a reasonable expectation of privacy. The use of drones introduces complexities, as they're less noticeable compared to helicopters, creating a challenge in assessing privacy violations.

Legal Precedents and Modern Technology

• Historical legal cases like California v. Cirillo (1986) and Florida v. Riley (1989) set precedents concerning aerial surveillance. However, the modern use of drones calls for a reevaluation of these precedents to accommodate technological advancements.

Property and Trespass Implications

• While drones offer new possibilities for surveillance, their use raises questions about trespassing and the extent to which individuals can protect their property. Debate continues on whether individuals should use force against intrusive drones without facing legal repercussions.

As technology evolves, the dialogue around privacy rights needs constant attention.

Key Moments

00:00 Discussing Drones: Then and Now

04:21 Supreme Court Ruling: Aerial Privacy Limits

08:59 "Privacy in Junkyard Murder Case"

10:38 FAA Regulations & Fourth Amendment Debate

15:42 Drone Curtilage and Legal Precedents

16:43 Drone Surveillance and Privacy Concerns

22:12 "Necessity of Search Warrants"

24:06 Search Warrants and Fourth Amendment Exceptions

26:57 "Search Warrant Exceptions Debate"

32:20 Evolving Case Law on Digital Privacy

34:05 Rejecting Authoritarian Control

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

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 principles and answer your burning questions about DUI-related matters.

Remember, this is purely informational and not legal advice.

Key takeaways:

• Reasonable Suspicion Requirement: Police need a reasonable suspicion, like the smell of alcohol, to ask you to perform a field sobriety test, but remember, you can decline.
• MIMS Order: When pulled over, police can order you out of your car for officer safety, thanks to the Pennsylvania vs. Mimms ruling.
• Legal Standards: Understanding the difference between reasonable suspicion and probable cause can help you better navigate your rights during a traffic stop.

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, 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 acting swiftly after a conviction, as the best time to appeal is right after the verdict.

Limitations After Time Passes: The legal options become limited the longer you wait. The law favors finality, making appellate proceedings increasingly difficult as time goes by.

Newly Discovered Evidence: If a case is old, uncovering newly discovered evidence can be a viable path. This could include a witness recanting their testimony or finding out that key evidence was improperly withheld by the prosecution.

Thorough Investigation: Steve describes the process of employing a private investigator to review original transcripts and interview witnesses, forming a basis for motions like a new trial.

Conviction Integrity Units: These units within prosecutor offices may help identify any misconduct or overlooked evidence from past convictions.

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 time, we're talking about cross-border legal issues with a special guest, Maggie Stewart from Mundial Law in California. If you travel, or plan to travel, to our neighbors to the north (Canada) this episode has something for you.

What We Covered:

00:00:33 Meet Maggie Stewart: Maggie is an attorney specializing in immigration law and helps individuals—both stars and everyday people—navigate the complexities of traveling between countries like the U.S. and Canada. Her unique approach stems from her firm's name, "Mundial," meaning "world" in Spanish.

00:03:03 Canada's Border Regulations: We discuss Canada’s stringent laws around criminal inadmissibility and how they impact your travel plans—be it a vacation with family or a business trip. Maggie explains the role of FBI reports in border crossings and how Canada’s access to this data can surprise many travelers.

00:07:01 Real-Life Scenarios: Maggie shares gripping stories about her clients, from rock stars to regular folks, who have faced unexpected challenges at the Canadian border. It’s a reminder of the long-lasting impact of past legal issues.

00:18:13 Navigating Legal Complexities: Learn about rehabilitation and waivers for traveling to Canada, and why getting your FBI report before any international trip could save you a headache. Maggie provides expert tips on this essential step.

00:04:56 Broader Implications: We also touch on other countries with similar travel laws, including New Zealand, Australia, and the UK, emphasizing that self-awareness of one's legal history is crucial.

00:23:11 U.S.-Canada Relations: We take a brief detour into current events, discussing the political climate between the U.S. and Canada and what it might mean for future travel and business exchanges.

Proactive Measures: If you've ever been fingerprinted or had legal charges, it's beneficial to obtain your FBI report and carry documentation when traveling. This can prevent unexpected issues at the border and make travel smoother.

Maggie offers free fifteen-minute consultations when you provide your FBI report.

More Key Moments

00:00 Canada's Strict Border Inadmissibility Rules

03:27 "DUI Conviction Affects Canada Entry"

08:17 Traffic Violations' Impact on Immigration

09:47 Canada Entry with Old Minor Convictions

13:56 Wildlife Antler Collection Offense

17:07 Obscure Law's Impact on Hunting

20:55 "Expunging Records in Ohio"

25:50 Canadian Visa Laws: A One-Size Issue

27:47 Assisting Canadians with U.S. Immigration

31:10 Law and Arts Advocate Journey

34:41 New Website Launch Announcement

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 Blitz Throwback QA episode, we tackle diverse and compelling issues.

Jen from a trailer park raises concerns about deplorable water quality and fears of potential displacement. Steve offers insights into the intricate world of groundwater litigation, offering expert advice.

Jeremy seeks guidance on early lease termination and disputes with his landlord, receiving crucial tips on protecting his rights.

Randi unfolds a gripping tale of medical malpractice involving his cousin, leading to an in-depth discussion on handling severe medical negligence cases. Along the way, Steve enlightens listeners on contingency fee structures and the steps to secure adequate legal representation.

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

Are we experiencing a "constitutional crisis?"

I explore the intricacies of legal procedures involving the challenge of executive actions, particularly focusing on the recent controversies surrounding President Trump's administration and its handling of governmental directives.

I break down the essential concepts of standing, temporary restraining orders, and judicial review, illustrating how the legal system is designed to handle such conflicts.

Be assured that the reported "crisis" is part of the normal legal process and highlights the resilience of our constitutional framework.

Adversarial debates can lead to meaningful resolutions in the judicial system. And understand these conflicts are crucial for developing landmark Supreme Court decisions.

Here's a quick breakdown of key takeaways:

• Understanding Legal Procedures: The process of challenging government actions through courts is a fundamental right. From filing lawsuits in district courts to potential escalations to the U.S. Supreme Court, these steps are essential in maintaining the checks and balances within our government.
• Temporary Restraining Orders Explained: Often a hot topic in legal discussions, Temporary Restraining Orders (TROs) are pivotal in halting government actions temporarily, allowing the courts to deliberate on potential constitutional violations without causing irreparable harm to those affected.
• Historical Context and Resolution: Our legal system is designed to withstand conflicts and evolve through landmark decisions. While today's media might intensify the narrative, historical precedents show that such legal debates have long been pathways to clarification and resolution.

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 special episode, I am joined by Paul Scarcello, a seasoned legal professional with extensive experience in both prosecution and defense, and law student Troy Hendrickson. Together, they unravel the intricate details of a current high-profile case out of Florida involving Mario Fernandez Saldana, his girlfriend Shana Gardner, and their alleged involvement in a murder-for-hire plot with hitman Henry Arthur Tennant.

Listen as we analyze the case dynamics, procedural twists, and the critical role of discovery in this suspenseful legal drama. Whether you're a legal buff or a curious listener, this episode promises an in-depth look at the processes and challenges faced in the criminal justice system.

Here are three key takeaways from our discussion:

• Understanding Plea Bargains: Plea bargains are like contracts—you give something; you get something. In criminal cases, if a key player fails to hold up their end of the bargain, the consequences can be significant and shake the foundation of the case.
• Prosecution Challenges: The prosecution's duty is not just about securing convictions, but ensuring justice is served. This involves a keen understanding of exculpatory evidence and handling the vast amounts of digital data in modern cases.
• The Role of Discovery: Pre-trial discovery is crucial in criminal proceedings. Both the defense and prosecution must have access to all relevant information, which can influence the trial's outcome and ensure fairness in the judicial process.

Key Moments

00:00 Florida Case Co-Defendants Query

05:24 Gunman Admits Guilt, Gets Sentence

06:30 Husband Behind Murder Plot

11:11 Courtroom Dialogue: Lawyer's Role Explained

13:18 Defense Strategy: Reassess Plea Deal

17:44 Teen Accomplice Receives Life Sentence

21:42 "Hitman Testimony Creates Legal Complications"

25:13 Evolving Trends in Criminal Justice

27:01 Prosecutors' Training and Defense Challenges

29:56 Avoiding Wrongful Convictions

32:33 Simplifying Complex Legal Cases

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