The Jussie Smollett case serves as a tangible, recent example that makes the complex legal principle of double jeopardy more relatable and easier to grasp.

We kick off by revisiting the high-profile case of Jussie Smollett, whose name you might remember from the sensational headlines back in 2019. We take a deep dive into whether Smollett's case was an example of double jeopardy, discussing the procedural history, the role of special prosecutors, and the implications of plea deals. We break down the complexities of double jeopardy protections, their legal underpinnings, and why they are crucial for a fair judicial system.

We discuss the broader implications of special prosecutors stepping in for high-profile cases, the ethical concerns that arise, and the real-world impact on defendants and governmental resources. We also tackle the moral and ethical questions that defense attorneys face when representing clients who may or may not be guilty.

Key Takeaways

Understanding Double Jeopardy: Dive deep into the Fifth Amendment's concept of double jeopardy and learn how it protects individuals from being prosecuted multiple times for the same offense. The episode dissects how Jussie Smollett's case exemplified this crucial constitutional protection.

The Role of Special Prosecutors: Gain insights into the reasons and scenarios when a special prosecutor is brought in, especially in high-profile or complex cases. Understand the significance of resource management and conflict of interest in local prosecutorial offices.

Balancing Justice and Constitutional Rights: The episode underscores the importance of protecting constitutional rights for everyone, regardless of the crime. It emphasizes that safeguarding these rights is not just about achieving just outcomes but also about maintaining the integrity of the legal system for all.

Key Moments

00:00 "MAGA Attack Hoax Unravels"

03:40 Special Prosecutor Variability Explained

09:15 Convicted, Fined, and Sentenced

10:44 Appellate Bond Explained

13:28 Unexpected Turn in Legal Case

16:15 Diversion Plea Deals Explained

21:48 Beware Righteous Government Overreach

25:26 Defending the Innocent Dilemma

26:42 Innocent Until Proven Guilty

29:56 Defending the Unpopular in Law

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 some of the reasons a defendant might prefer a plea deal over going to trial in an OVI case in Ohio?

Are you facing a DUI charge and wondering if you should accept a plea bargain? Hey, it's Steve Palmer from Lawyer Talk, and on our latest episode of DUI 360, we dig into whether you should go to trial or take a deal. I break down the options, like reducing your charge to reckless operation or physical control, and weigh the pros and cons, including impacts on insurance and driving privileges. With up to six months of jail time on the line for a DUI conviction in Ohio, a plea deal might just be the smarter option.

Key Takeaways:

Understand Your Options: Plea bargains can significantly impact the outcome of a DUI case. In Ohio, options might include reducing charges to "reckless operation" or "physical control," each with distinct consequences.

Weigh the Consequences: Accepting a plea bargain can mitigate harsher penalties. For instance, a charge of physical control doesn’t carry traffic points and isn't treated as a second offense if another DUI occurs.

Consult a Legal Expert: The decision to accept a plea bargain isn't straightforward. Each case is unique, and speaking with a knowledgeable attorney can help navigate these crucial decisions.

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 great question about postponing sentencing when planning to appeal a conviction. The answer isn't straightforward—sometimes you can get an appellate bond and avoid starting your sentence immediately, but that's up to the judge and higher courts.

Key Takeaways:

• Sentencing & Appeals: Postponing a sentencing hearing due to an appeal is generally not an option. However, you can request an appellate bond to delay serving your sentence while the appeal is ongoing.
• Pre-Sentence Investigation: Before sentencing, a detailed report on the defendant's background, including input from the victim, prosecutor, and the convicted individual, is prepared to help determine the appropriate sentence.
• Lengthy Appeals: The appeal process can be complex and lengthy, potentially spanning multiple levels of courts, from local courts to the federal level, and may take years to resolve.

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

Today's discussion takes a long look into the nuanced and often misunderstood aspects of self-defense law. Joining Steve are law students Bella and Troy, as they explore real-world scenarios where using force—whether a taser or a gun—comes into play.

They cover critical topics such as the limitations and effectiveness of firearms in self-defense situations, the psychological and legal ramifications of using lethal force, and recent changes in Ohio's self-defense laws, including the "stand your ground" provisions.

From vivid personal anecdotes to complex legal doctrines like the castle doctrine, this episode provides a comprehensive look at the rights and responsibilities tied to defending oneself and one's property.

Whether you're a law enthusiast, a gun owner, or just curious about the intricacies of self-defense, this episode promises to be enlightening and thought-provoking.

Key Moments

00:00 Self-defense controversies resurfaced with Rittenhouse case.

04:04 Castle doctrine questions about self-defense and boundaries.

07:41 Frozen with fear, considered calling police.

11:07 Gun safety requires proper knowledge and training.

13:28 Excessive force: Shooting at unarmed attacker.

18:47 Eliminating duty to retreat outside home.

20:00 He believed he was in imminent danger.

25:50 Men don't understand women's fear of attack.

26:34 It's different realities for men and women.

29:47 Guns require responsibility; not everyone is trained.

35:21 Reluctant self-defense readiness despite justified consequences.

38:19 Self-defense complexities seldom taught in law school.

40:51 Client retreated during Columbus shooting altercation.

45:17 Ohio law shifts self-defense burden to prosecutor.

47:25 Proved innocence due to burden of proof.

51:40 Law school lacks practical application, embrace mistakes.

Key Takeaways

Understanding Real-World Application: The legal landscape around self-defense, including Stand Your Ground laws and the castle doctrine, is complex and requires careful consideration of both subjective and objective perspectives.

Real-life scenarios differ drastically from media portrayals. The chaos of an actual confrontation can lead to unexpected outcomes, even for trained individuals like police officers.

Legal and Emotional Aftermath: Using lethal force in self-defense can result in severe legal and emotional consequences. Even when justified, individuals may face murder charges and a lengthy trial process.

Prosecutors might not always see things from the defendant's perspective, which can significantly impact the accused's life.

Best Practices Post-Incident: After a shooting, it's crucial to exercise your 5th Amendment right to remain silent and consult a lawyer before speaking to the police. This mirrors protocols even police officers follow, which is a "cooling off" period before giving statements.

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...

Whether you've been pulled over for a DUI or an OVI, I unpacks the immediate administrative license suspension process.

From the dual roles of police officers at the scene to the implications of refusing a breath test versus taking one, I cover it all. Plus, I'll explore the nuances of court-imposed suspensions and the possibility of obtaining occupational driving privileges.

If you're navigating this challenging legal terrain, this episode is a must-listen.

The key takeaways I want you to remember include understanding the consequences of refusing a breath test versus taking one, the duration of suspensions, and how these administrative suspensions impact court-imposed suspensions. I also touch on available relief options, such as occupational driving privileges, which can provide leeway for essential life activities despite a suspended license.

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 is inspired by a question from one of our listeners, Tim Carnes, who raised some valid concerns about dealing with police officers on the side of the road.

I explore your 5th Amendment right to remain silent, the implications of not answering police questions, and how exercising your constitutional rights can better position you for legal defense.

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

In this episode, prompted by a listener's thought-provoking question, we tackle the contentious topic of abortion, its classification under the law, and what constitutes negligent homicide. We'll navigate the complexities of Ohio laws on murder and pregnancy termination, shed light on recent changes such as the reversal of Roe v. Wade, and discuss the implications of constitutional amendments versus statutory laws.

You'll gain insights into the essence of legal argumentation, the pivotal role of intent in legal contexts, and the challenging reality of separating emotions from logic in court decisions.

Whether you're a law student, a practicing attorney, or simply curious about the legal landscape, this episode promises a rich, nuanced look at some of the critical issues facing the legal world today.

Key Moments

00:00 Is abortion considered negligent homicide legally speaking?

03:30 Analyzing negligence homicide statute's legal requirements.

06:49 Roe v Wade reversed; Ohio amends constitution.

12:18 Abortion debates: legal vs constitutional challenges persist.

14:19 Ohioans' reproductive rights protected, abortion restricted post-viability.

18:24 Negligent homicide laws differ from abortion laws.

21:07 Unintentionally causing unborn child's death impacts sentencing.

23:42 Criminal plaintiff is government; tort differs significantly.

26:25 Emotions hinder objective analysis of decisions.

31:52 No definitive answers; understanding both sides essential.

32:48 Understanding appellate court decisions' structure and logic.

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

Why should you refuse a breathalyzer test?

In Ohio, and many other states, there are two main ways you can be charged with OVI: operating a vehicle while impaired and a per se violation.

I explore how these charges differ, the implications of refusing a blood, breath, or urine test, and why it might be strategically beneficial.

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