In the latest episode of Lawyer Talk, Steve takes on a challenging question from a listener named Gavin: Why are district attorneys never sued when they bring frivolous lawsuits against people?

This question strikes at the heart of the legal system and the protections afforded to government officials. Steve dives deep into the intricacies of prosecutorial immunity, the nuances of Section 1983 civil rights litigation, and the emotional and financial toll of wrongful prosecution.

Gavin's question is one that many people have pondered, especially those who have found themselves on the wrong side of the law through no fault of their own. Steve acknowledges the frustration and the seeming imbalance in the system, noting that it often appears to be set up in favor of the government. After all, the government created the system, and it seems designed to protect its own.

Steve explains that while there is a mechanism in place—Section 1983—that allows for lawsuits against government officials for civil rights violations, many officials enjoy something called qualified immunity. This legal doctrine shields police officers and local government actors from lawsuits unless they violate clearly established constitutional rights. However, prosecutors, judges, and legislators often have absolute immunity, making it nearly impossible to sue them for actions taken in their official capacity.

Despite the grim reality, Steve offers a glimmer of hope. He discusses a recent case that went up to the US Supreme Court, where Justice Sotomayor hinted that the Court might be willing to reconsider the doctrine of absolute immunity for prosecutors. This could signal a potential shift in the legal landscape, offering some hope to those wrongfully prosecuted.

Throughout the episode, Steve emphasizes the emotional and financial toll that wrongful prosecution can take on individuals. He shares his own experiences from his law practice, where clients are acquitted but left financially and emotionally drained. The fight for justice is often long and arduous, and even when won, it can feel like a hollow victory.

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 2024 Stephen E. Palmer - Attorney At Law

Ever wondered what happens when the police ask for your identification, and you refuse? In this episode, Steve Palmer dives into a real-life case that explores this very issue. Joined by Troy, a second-year law student at Capital University, Steve breaks down the legal intricacies of a bench trial involving a woman who was charged with obstruction of justice for not providing her full identification to the police.

Steve and Troy discuss the difference between civil and criminal matters, the significance of reasonable suspicion, and the overarching constitutional rights that protect you from unlawful demands for identification. They also touch on the practical side of dealing with police encounters and why sometimes it's better to comply to avoid unnecessary legal battles.

Get ready to learn about the nuances of stop-and-identify laws, the implications of Giuliani-era policies, and how these legal principles play out in real-world scenarios.

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 2024 Stephen E. Palmer - Attorney At Law

Learn the key differences between probation and parole, and get essential advice on adhering to parole conditions.

If you've ever wondered about the intricacies of parole, probation, and the legal responsibilities that come with them, this episode is a must-listen.

Steve begins by clarifying the fundamental differences between probation and parole, terms often used interchangeably but with distinct meanings.

In Ohio, for instance, probation is now referred to as "community control," and parole is known as "post-release control."

Understanding these terms is essential for anyone navigating the criminal justice system, whether as a professional or an individual affected by these legal conditions.

The listener's question revolves around the obligation to inform a parole officer about contact with law enforcement, even when the parole period is nearing its end. Steve emphasizes that almost every parole condition requires the individual to notify their parole officer of any law enforcement contact, regardless of how close they are to completing their parole. Ignoring this obligation could lead to severe consequences, including the possibility of parole revocation.

Steve also sheds light on the procedural aspects of parole violations. If a parole officer decides to file a violation complaint, it must occur before the parole term expires. Once the term is over, it's generally too late to initiate such proceedings.

However, if a complaint is filed, the individual has constitutional rights, including the right to a hearing and legal counsel, although these rights are not as extensive as those in a full trial.

One of the key takeaways from this episode is the importance of seeking legal advice when faced with potential parole violations. Steve strongly advises against taking matters into your own hands, as the risks of getting caught and facing severe penalties are significant. Instead, he recommends consulting a lawyer who can provide tailored advice based on the specific terms and conditions of your parole.

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 2024 Stephen E. Palmer - Attorney At Law