If you’ve ever wondered about your rights during an arrest, or what really constitutes “unlawful,” this episode delivers clear answers, practical advice, and a much-needed reality check.

Welcome back to another episode of Lawyer Talk! Today, Steve Palmer and Troy Henricksen talk about a hot-button topic that’s sparked tons of debate and plenty of strong opinions: Can you legally resist an unlawful arrest?

Building off recent listener questions and comments, the conversation unpacks what the law actually says, where confusion often arises, and—most importantly—why the courtroom is the right place to argue an unlawful arrest, not the streets.

Together, Steve Palmer and Troy Henricksen break down misconceptions about probable cause, discuss real-world scenarios, and clarify the difference between legal defenses after the fact and dangerous choices in the moment.

Moments

03:55 "Charges, Police, and Legal Defense"

07:49 "Resisting Arrest and Court Rights"

Here are 3 key takeaways:

1. Legal Rights vs. Practical Realities: While Ohio law recognizes resisting an unlawful arrest as a legal defense, trying to do so on the street can have dangerous—and even fatal—consequences. The courtroom is the right place to fight back, not during the incident itself.
2. Probable Cause Standard Is Low: Many people misunderstand what constitutes “probable cause.” As Troy Henricksen points out, it doesn’t take much for an officer to make a legal arrest—matching a vague description might be enough.
3. Courtroom Is the Battleground: Steve Palmer emphasizes that even if an arrest is later found to be unlawful, resistance during the arrest can lead to additional charges. The best course of action is to comply in the moment and let your attorney fight for you in court.

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

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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