In this follow-up episode, I’m digging deeper into the behind-the-scenes realities of how judges get involved in plea deals—something that came up after a listener asked about the high-profile Kohberger case.

Drawing from my own experience in the courtroom, I break down what actually happens when the defense and prosecutor work out a resolution, and just how much the judge usually knows ahead of time.

I also talk about the key differences between state and federal courts, sharing some candid stories where things didn’t exactly go according to plan—sometimes it really feels like the “wild wild west.” If you’ve ever wondered how plea discussions unfold, what role judges play, or how I prepare clients for the unknown, this episode will give you honest, practical insight.

Here are 3 key takeaways:

• Judges Aren’t Always Part of Plea Negotiations: Contrary to popular belief, the judge’s main role is to approve or reject a plea, not craft the agreement. In some jurisdictions, judges may offer input, while in others, it's a strict closed-door policy, and the outcome remains uncertain until sentencing.
• Every Jurisdiction is Different: There’s a stark difference between federal and state courts. Some state judges might preview potential sentences with counsel, while in other courts, lawyers are left guessing until the very end.
• Always Prepare for the Unexpected: Even with a “recommended” sentence agreed upon by both sides, the judge is not required to follow it. As Steve Palmer shared, lawyers must always prepare clients for every possible outcome.

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

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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 firm emphasizes the importance of storytelling through podcasting to differentiate businesses and engage with their audiences effectively. www.circle270media.com