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

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Circle 270 Media Podcast Consultants

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