Lawyer Talk: Off the Record

This episode peels back the layers on when formal protections really start—and why the nuances matter.

Welcome back to Lawyer Talk! In today's episode, host Steve Palmer is joined by law student Troy to tackle an important—and often misunderstood—question: when does your right to counsel actually begin?

Inspired by a follow-up question from the show's production company, the conversation dives into the legal meaning of "adversarial proceedings" and why just being in a police interrogation room, as intense as it may feel, doesn't always mean your Sixth Amendment rights have fully kicked in.

Steve Palmer breaks down the language and definitions that matter most in the courtroom, while Troy brings a fresh perspective from law school. Whether you're a legal scholar or just curious about your rights, this episode peels back the layers on when formal protections really start—and why the nuances matter.

Here are three key takeaways from their conversation:

1. "Adversarial" is a Term of Art: The right to counsel under the Sixth Amendment doesn’t hinge on when things feel adversarial (like during a police interrogation), but rather on a technical, legal definition—the "instigation of formal adversarial proceedings."
2. Trigger Point Matters: According to Steve Palmer, this right typically attaches at the preliminary hearing stage—not simply at the initial appearance or during police questioning.
3. Words Matter in Law: Legal concepts often have specific definitions that may differ from everyday usage. Understanding these nuances is critical and makes all the difference in protecting your rights.

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...

Explore the legal realities versus TV drama in police interrogations. Learn why attorneys can't simply barge in during questioning.

Whether you’re a true crime fan, a law student, or just someone curious about what really happens behind police station doors, this episode is packed with eye-opening advice and a dash of legal humor.

Welcome back to another episode of Lawyer Talk! Today, Steve Palmer and Troy talk about the legal realities behind the hit TV show "Landman"—specifically, can a fiery defense attorney really burst into a police station and halt an interrogation, just like you see on TV?

Spoiler alert: the real world doesn’t play by Hollywood’s rules.

Drawing from their own legal insight and experience, they break down what really happens when someone is questioned by police, when your right to an attorney actually kicks in, and why your best move might just be to keep quiet.

It's a candid, myth-busting conversation that uncovers the truth about Miranda rights, the right to counsel, and how legal drama often bends (or breaks) the rules for entertainment’s sake.

Here are 3 key takeaways from the episode:

1. Lawyers Can’t Just Burst Into Interrogations: Unlike dramatic TV lawyers, real attorneys can’t force their way into police interview rooms to “save the day.” The police aren’t required to halt questioning just because an attorney shows up.
2. Know When Your Right to Counsel Actually Starts: The right to have a lawyer present usually doesn’t “attach” until formal criminal charges are filed or a preliminary hearing is underway—not simply during a police interview or right after arrest.
3. Best Advice? Stay Quiet: If you find yourself being questioned by the police, follow the golden rule: don’t speak until you’ve talked to a lawyer. You can always request legal representation, and the police must then stop the interrogation.

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...

If you’ve ever wondered how to handle a call from the police or felt pressure to “clear your name,” this episode is packed with the insights you need to stay protected.

Welcome to Lawyer Talk Podcast. I'm Steve Palmer, your host, and in this episode, I jump right into one of the most common—and misunderstood—issues people face when dealing with police: whether or not to talk to them if you’re accused of something.

I’ll explain why your right to remain silent is so crucial, and why you should hold onto it tightly, even if you think having a lawyer by your side makes it safer.

Drawing on my own experience with clients, I talk through real-life scenarios, share how police interview tactics work, and tell you why keeping quiet is almost always your best move. I’ll walk you through the practical advice I give when clients ask if making a statement could help their case, and whether my presence during questioning changes anything.

Key Takeaways:

1. Silence is Protection: Even if you’re completely innocent, Steve Palmer explains why it's almost always best not to talk to the police. You can't talk your way out of a charge, and anything you say can be used against you.
2. Having a Lawyer Doesn’t Change the Basics: Bringing a lawyer to a police interview doesn’t guarantee protection. The fundamental danger of supplying information to the police remains, whether or not your attorney is present.
3. Know Before You Act: The police often have details and agendas you might not know about. Before making any statements, get all the facts—ideally through your lawyer, not from a police interview.

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