Alright, it is Wednesday, 420 22.
Speaker:For those who know what 420 is, happy 420 day.
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Speaker:All right, so the lines are wide open
Speaker:right now for any sort of legal advice that you may need.
Speaker:Steve Palmer joins us and he's the man giving us.
Speaker:Steve, how are you? Hey, good morning.
Speaker:How are you guys doing today? Dude?
Speaker:Doing pretty well.
Speaker:So Johnny Depp on trial against Amber Heard.
Speaker:Have you gotten to watch any of this? I have not.
Speaker:I was out of town and I haven't followed it much.
Speaker:I just feel like these little stalls just
Speaker:look so miserable there as the camera captures them at that trial.
Speaker:But short of that, I haven't been following it.
Speaker:Yeah.
Speaker:He made a statement going into it that he warned the entire courtroom that he's not
Speaker:going to sound like he does in the movies, that he has a different pace of speech.
Speaker:He almost has like a British accent.
Speaker:Kelly brought this up earlier.
Speaker:It almost sounds like when Madonna was doing her thing.
Speaker:And you're like, he's from Kentucky, right.
Speaker:But he's like, good afternoon.
Speaker:The weirdest thing. But it's so cool.
Speaker:I love him. I love him, too.
Speaker:I mean, like, do a British accent.
Speaker:I don't care what you're doing.
Speaker:I mean, if you were in his Council, Steve, what would you suggest?
Speaker:Would you say maybe cut the accent out or would you just let him be him?
Speaker:You got to let him be himself because as
Speaker:soon as you try to fit now, there is one exception and he falls within it.
Speaker:But as soon as you try to fake it, it gets exposed rather quickly.
Speaker:And I was about to say, unless you're like
Speaker:a professional actor and he might fall within that exception.
Speaker:But even then, if he's going to be
Speaker:authentic, if he's really going to tell his story, you got to do it as yourself.
Speaker:And we actually work a lot with witnesses
Speaker:and even psychologists and acting coaches to get people to that raw self where they
Speaker:can tell the truth without masquerading as somebody else or
Speaker:thinking you want to look like somebody else.
Speaker:So it's very important that you be
Speaker:yourself because everybody gets up there and you've got to be.
Speaker:You know, if you're just the average everyday person and you don't do anything
Speaker:in front of people, ever, you might be a little bit nervous to testify, right?
Speaker:Yeah. It's very nerve wracking.
Speaker:You end up in a situation where you start
Speaker:thinking about what everybody else is thinking about, and that becomes a
Speaker:negative feedback loop that just repeats over and over and over again.
Speaker:And next thing you know, you don't know
Speaker:even the question you are asked and you start speculating and you get in trouble.
Speaker:It's really too many lawyers in my
Speaker:profession do not in the trial profession do not prepare their clients for this.
Speaker:And it's very important that you do it.
Speaker:I actually get clients over to a courtroom
Speaker:in the hot seat, and we put them through the paces of testifying several times.
Speaker:We practice it, we get them comfortable with it because, boy, it's like performing
Speaker:on a stage, musical or otherwise, you got to be prepared for it.
Speaker:Otherwise it could be a disaster.
Speaker:All right, we go to line one with Chris.
Speaker:Chris, how are you doing today? You're on with Steve Palmer.
Speaker:What's your question? Yeah.
Speaker:Is it possible to have your driving record expunged?
Speaker:In a word, no.
Speaker:First of all, in Ohio, we talk about sealing records, not expunging them, but
Speaker:as a practical matter, we'll just call that the same.
Speaker:We cannot, however, seal traffic records.
Speaker:Only criminal convictions can be sealed in
Speaker:Ohio, and not all of them, even traffic records, however, can be sealed and
Speaker:traffic records can't be sealed and you're sort of stuck with it.
Speaker:Now, that said, after two or three years,
Speaker:the points typically fall off, or actually after three years, the points will fall
Speaker:off, and then soon it's in your review mirror.
Speaker:Now, if you keep re emerging into the
Speaker:system by getting new speeding tickets, new drunk driving cases, new reckless Ops,
Speaker:or whatever it is, and you're just going to be peppered with it forever.
Speaker:But the goal stop the bleeding, and then
Speaker:pretty soon people forget about it, even if you can't get your record sealed.
Speaker:Wonderful. Thank you.
Speaker:All right, we got a Nick here online, too.
Speaker:Nick, how are you doing, man? Good.
Speaker:All right.
Speaker:We have two open lines, by the way, if you guys want to call in.
Speaker:Nick, what is your question for Steve?
Speaker:Yeah, I had my car in a mechanic shop on Monday.
Speaker:They basically raised my car up on the Zack by the door, damaging the car.
Speaker:I'm just wondering if there's anything
Speaker:that they can help me with as far as getting payment or what that process is.
Speaker:Well, it's going to start with a request.
Speaker:If it's true that the body shop was doing work on your car.
Speaker:They threw it on a lift and caused additional damage.
Speaker:Well, they're going to be responsible for the damage.
Speaker:They can't just say that that was not their fault if it could be avoided and if
Speaker:it happened as a result of some negligent action they took.
Speaker:So you would start with a request.
Speaker:You would say, look, body shop, you cause
Speaker:this extra damage to my car, I need to be compensated for it.
Speaker:And that could come in a couple of different ways.
Speaker:It could come in just pure money.
Speaker:You could go get an estimate from somebody
Speaker:else who's qualified to make those repairs and say, it's going to cost X dollars.
Speaker:Please pay it. Or if they offer to fix it themselves, you
Speaker:might take them up on that offer if you trust them to do it.
Speaker:But they got to make it right now.
Speaker:Making it right doesn't necessarily mean making it perfect.
Speaker:We can't wave a magic wand and go back in time and wish that our car were never
Speaker:damaged this way, any more than you could say, I wish I'd never been in this wreck
Speaker:and make it perfect, but we can make it reasonably perfect.
Speaker:We can get to the point where
Speaker:it is reasonable in our society to have a car that the Fender has been painted and
Speaker:repaired to the point where it's almost perfect.
Speaker:So you just want to make sure it was a mechanic shop that did it.
Speaker:It wasn't a body shop that did it.
Speaker:I took it in for an oil change and they raised it up on the Jack and damaged it.
Speaker:But I want to know who pays for diminishment and value.
Speaker:They're not giving me any answers here as
Speaker:far as who pays for the rental car or anything like that.
Speaker:So I was wondering if there's any way an attorney could just take the case.
Speaker:I called you guys on Monday, but your
Speaker:office said they don't take cases like that.
Speaker:I certainly would answer questions about cases like that.
Speaker:So here's the deal.
Speaker:The same advice it applies.
Speaker:Start with a request to the mechanic shop that caused the damage.
Speaker:Go get estimates to repair your car.
Speaker:Go get the estimates to repair the car.
Speaker:Get estimates for your rental car, and then send them the demand to pay it.
Speaker:So you guys caused this damage.
Speaker:It's undisputed that you caused the damage.
Speaker:Here's what it's going to cost to fix it.
Speaker:Here's the time it's going to take to fix
Speaker:it and the cost of a rental car during that time frame.
Speaker:Please pay.
Speaker:And if they don't, then you can go to
Speaker:something like small claims court and file lawsuit.
Speaker:The problem with cases like this, from an
Speaker:attorney standpoint, is it almost costs more than it's worth.
Speaker:And I don't mean to diminish what's going on with you, but
Speaker:it's like calling a handyman to fix a small toilet leak or a full blown plumber.
Speaker:It's cost a lot just to get them out there.
Speaker:And it cost a lot of time, a lot of money,
Speaker:and it may not be worth it, but it's also something that the court system has carved
Speaker:out for us as citizens to deal with, and that is small claims court.
Speaker:So I'd be happy to talk you through this more if you want.
Speaker:614-224-6142 man, I was hitting a car wash
Speaker:inside a car wash and I have to get three estimates.
Speaker:And so I haven't gotten one because it's so daunting to get three.
Speaker:I'm like three.
Speaker:I don't have time for that.
Speaker:What do you think, Steve?
Speaker:Three estimates.
Speaker:If you got to get the estimates, go get the estimates whether you got time or not.
Speaker:There is this notion that you feel like, look, I've been wrong.
Speaker:I shouldn't have to do any of this.
Speaker:Well, we can operate in this should world
Speaker:all we want, but nothing really ever gets done in the should world.
Speaker:We just have to deal with the reality.
Speaker:And if somebody hits my car in a parking lot and I've got to go get estimates and
Speaker:deal with these problems, well, I could say this isn't fair.
Speaker:And as my high school grammar teacher used
Speaker:to say, you can punch my TS card and that'll be that.
Speaker:But we still have to do it.
Speaker:So get the estimate, send them off and get the problem fixed.
Speaker:It's inconvenient, it sucks.
Speaker:It's not fair, but really nothing is.
Speaker:Now, can you ask for more in your time and damages because they're asking you to go
Speaker:to three different places and all this stuff or no.
Speaker:Yeah, you can. You can say, look, because of this, I was
Speaker:out of work for X period of time and I wasn't able to earn X dollars an hour.
Speaker:And all I would say in these situations is
Speaker:make sure you can quantify it and document it.
Speaker:So if you had to miss work to go get three estimates and it cost you half a day of
Speaker:work, well, you can say, fine, I got your three estimates.
Speaker:Now guess what?
Speaker:It's going to cost you $50 an hour that I would have made at work as well.
Speaker:And here's the documentation for that.
Speaker:So whatever it is, document it.
Speaker:Don't live in the this isn't fair.
Speaker:You owe me more world without providing information, documentation and proof of
Speaker:what your losses and then you're going to be far more likely to get reimbursed.
Speaker:Yeah, people are going to shoot all over you.
Speaker:Oh, my God, I'll need another car.
Speaker:All right, let's go to Chris Online one Chris, it's Lopez and Randy.
Speaker:And you are on with Steve Palmer.
Speaker:Hey, everybody.
Speaker:So, Steve, my question is this.
Speaker:I recently got turned down for a job because they ran a background check.
Speaker:And when I was young and stupid, 2001, by the way,
Speaker:something popped up from where I had been involved in a crime
Speaker:in 2001, and it has always been my knowledge as an adult in Ohio that after
Speaker:seven years, that stuff doesn't show up on a background check.
Speaker:It wasn't anything crazy like murder, kidnapping or rape or anything like that.
Speaker:It's just a colony for yeah.
Speaker:So generally speaking, things do not just disappear after seven years.
Speaker:Now, it may be true that the people who
Speaker:look for such things, like employers and those who would be interested in your
Speaker:background check, don't care after seven years.
Speaker:I can't comment on that.
Speaker:That's up to them, but it doesn't mean that it's going to be gone.
Speaker:So the only way to get it gone or to get
Speaker:your record sealed is to actually file an application at the clerk of courts where
Speaker:the conviction happened and request to have it sealed.
Speaker:Generally speaking, nonviolent offenses,
Speaker:lower level felonies, theft related stuff, those can be sealed.
Speaker:And the standard is basically this.
Speaker:The government's interest
Speaker:or your interest in having it sealed has to outweigh the government's interest,
Speaker:whatever that would be, to maintain the record.
Speaker:And it's not a real high bar.
Speaker:We help people all the time and be happy to help you.
Speaker:In fact, 614-224-6142 from Yahweh Palmer. It is Steve Palmer.
Speaker:We have one more to get to here before we run out of time.
Speaker:This is Joe online, too.
Speaker:I'm sorry, Alex.
Speaker:My bad, Alex. Alex.
Speaker:Going once, going twice.
Speaker:All right, we'll go to the text for our last.
Speaker:Okay, so Leanne says, a man that I know
Speaker:personally has sent me a threatening email that reads, you are so effed.
Speaker:When I kick open the door to that piece of
Speaker:SRV, I'm going to really enjoy putting a bullet in the middle of your forehead.
Speaker:Better call the police and ambulance while you're at it.
Speaker:Have your Blump son there, too. Loving kisses.
Speaker:Let the games begin.
Speaker:Yeah, she says, how do I report? Who do I report?
Speaker:This guy. You got to go to the police.
Speaker:This is something that you need to go to the police right away.
Speaker:I don't know if this threat is serious.
Speaker:I don't know if he's going to follow through with it.
Speaker:I have no idea. But you don't mess around with this.
Speaker:It's actually a crime. It's called aggravated medicine.
Speaker:You can't threaten to cause somebody
Speaker:serious physical harm, and beyond that, you may qualify for something called a
Speaker:civil protection order or an anti stocking protection or some sort of order that
Speaker:prevents him from coming close or requires him to stay away.
Speaker:And you could say, well, you can have all
Speaker:the orders you want, but nobody's going to follow it.
Speaker:Well, fine, but if he does violate the order, it gives you a phone call to the
Speaker:police and he can be placed in custody and charged with crimes immediately.
Speaker:So it has teeth.
Speaker:Maybe not because he's just going to follow it, but because if he doesn't you
Speaker:can throw them in jail or the police will throw them in jail.
Speaker:So I would go to the police right away.
Speaker:I would make a complaint, make a report and get some help.
Speaker:Don't mess around with this. All right.
Speaker:We're out of time.
Speaker:Steve Palmer, thanks so much with us each and every Wednesday at 830.
Speaker:If they want to get in touch with you, Steve off the air.
Speaker:How do they do it? Yeah, go check us out.
Speaker:Ohiolegaldefense.com 614-224-6142. All right.
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