Steve Palmer: It is that Time again. We got three minutes away. So if we say in a radio voice, three minutes away from Lawyer Talk. Blitz session. Free legal advice.

Speaker B: So dial, uh, 821-997-0 if you need free legal advice on Loper and Randy, better call Steve. All right, you guys can feel free to, uh, text your legal calls and your legal questions to 99700. And we'll have our buddy Steve Palmer on.

Speaker C: Who else is having a great time today?

Speaker B: I'm having a great time. Steve Palmer, are you having a great time?

Steve Palmer: I'm having a ball, man.

Speaker B: This guy's having a ball. And he's, uh, a lawyer. And a lot of people say, hey, man, a lawyer is not fun. But you're doing podcasts, you're having a lot of fun. You have your friends over there, all except for me.

Steve Palmer: Yeah, you know, you're welcome anytime, man. Just come check out the bunker. In fact, just move the show over here.

Speaker B: Every time you text me, change the address. You're always like, oh, uh, just change addresses again. Go to this one. And I'm always like, hey, Steve, you're not here. I m. Don't know what you're doing, man. I don't think it's legal, though.

Speaker C: Mafia podcast.

Speaker B: Uh, in seriousness, here's Randy with a real legal question.

Speaker C: All right, so this is from Jacob. He says, my university police department interrogated me on the charges of drug distribution and drug possession. My university dean, who was in the interrogation room, was supposed to guide me, I thought. And the two detectives led me to believe that, one, this investigation would stay internal within the university. Two, I would certainly benefit from telling the truth under the university's internal disciplinary process. Although I was read my Miranda rights, I confess to the distribution of substances. Now, my case is being referred to the local police department, and I'm facing criminal charges. Were my Fourth or Fifth amendments violated? Am I being unjustly coerced into confessing?

Steve Palmer: Yeah. All right, well, there's. There's a few things to unpack there. First of all, it matters whether it's a private university or a public one. Um, generally speaking, public universities, you have a little bit more due process protection than on the private side. Uh, but as soon as the police get involved, Miranda, uh, and all the general constitutional protections are present and do apply. Now, sometimes you have, like, uh, the private police force of a private university that's different than actual cops. And it sounds like these were actual detectives working for the government, uh, in that capacity. Now, they did read his Miranda rights, and that Means that they did it correctly. Sounds like this gentleman waived his right to remain silent. It sounds like he instead elected to give a statement, thinking, somehow it'll all be better if I just confess. It hardly is ever better if you just confess. At least not in this, uh, context. It's, you know, if you're going to confess or make statements, you want to do it with an attorney present. And, uh, be very careful about the vice you would get or the advice you get on that.

Speaker C: Now, the other thing is just a question. Is a Miranda act, the one that's like, you have the right to remain silent. Okay, just want to make sure we're on the. Open up, everybody. Okay, got it.

Speaker B: My buddy had a wife named Miranda one Time, and he would say, yeah, she reads me. Mama Randa writes every night. And she go, you have no rights.

Speaker C: Oh, my gosh.

Steve Palmer: I swear, that's a true story.

Speaker C: Back to you.

Steve Palmer: It's not good. Yeah, I don't have any legal comment on that one. But, um, Miranda works this way. If you're in custody, and that doesn't necessarily mean under arrest, and they want to ask you questions about the case, then they have to first warn you that the things you say are going to be used against you, and you can have a lawyer, et cetera. So, uh, the other part of this, often people are put in this sort of catch, um, 22 situation, where if you make statements that you're required to make for the university, like, sorry, son, if you don't cooperate with us, we're kicking you out. Particularly if it's a private university, um, then you're going to get. Those statements can be used against you in the criminal side, but you'll be kicked out of school. So it's like, do you keep silent, get kicked out of school, and protect your criminal rights, or do you talk and know that you could compromise your criminal case? And depending upon the severity of what we're dealing with, I often have to talk through those problems with my clients. Like, if it's, say somebody is wrongfully accused of a rape, um, and they're questioned in the university setting and through, uh, whatever, uh, I guess, process they have, uh, well, they have to cooperate or they're going to be kicked out of school. And cooperate in that situation means talk. If they don't talk, they get kicked out. But if they do talk, then they've compromised, uh, their position in the criminal side. So sounds like what this young man needs is a lawyer. Sounds like he needs, uh, Yavich and Palmer to represent him. Yes.

Speaker B: And, uh, we'll give the number here at the end. Brandy, Steve, standing by. Right here. I used to have a karate girlfriend named Randy, uh, named Brandy.

Speaker C: Excuse me.

Speaker B: I don't want you to get jealous or anything like that, but she just.

Speaker C: Look, she obviously got jealous and less.

Speaker B: I think that was her. That's why Brandy, you should.

Speaker C: She hung out, mess up like women's, uh, names.

Steve Palmer: Scared.

Speaker B: I know. That's too bad.

Steve Palmer: Karate chop.

Speaker C: All right, so here's a question. Is it legal for my employer to do a mandatory on site COVID 19 test to us, uh, every day?

Steve Palmer: You know, I don't know the answer to this, but this is going to come up more and more and more and more. And, you know, is it, Is it a violation of hipaa? Uh, is there going to be some sort of, uh, privacy right that's implicated here? Uh, all these sort of rhetorical questions for which I do not have answers necessarily are going to emerge. So if I'm going to work every day, say, at the radio station, and they say you can't come in unless you take this, uh, um, test that has an immediate result. And I don't know that those exist yet, but they will soon, I'm sure. Uh, then, uh, you know, is that an undue obligation, uh, on your employment? Conditioning your employment, on taking a medical test? Uh, the answer is I don't know. So this is maybe an analogous situation would be like, say, uh, you got a CDL and they make you take a urine test or a blood test or a breath test or so before you drive. Nobody would fault that. Um, this is a little bit different. This is like your medical privacy. And then what are they going to do with it? So if it's out in the open and they know that they've got an employee with COVID uh, what then? You know, are they going to put everybody in quarantine? Are they going to put you in quarantine? Are they going to tell the government that you tested positive and, uh, now you need to have, uh. They're going to quarantine you somewhere in a hotel. It's like, these are things that are coming that.

Speaker B: What kind of hotel?

Steve Palmer: I don't know, maybe the Hilton. I heard they're using college dorms.

Speaker B: Yeah, I got a lot of kids, man. I might just start saying, I got Covid. What kind of hotel we going to?

Steve Palmer: Right. I'm going to guess it's not going to be the luxury experience that you.

Speaker B: Might be thinking, sorry, kids, I got. They say I have to quarantine. So, sorry, here's the one more question for you.

Speaker C: Okay, so he's writing. Okay. My name is Danny. Uh, long story short, my son was arrested last week after an accident he got into. Must have been an incident. Got into with his girlfriend, his grandma. So the girlfriend's grandma. Come to find out he already spent six nights in jail for the same charges last year. They just rearrested him. Do we have a case to sue for? Being taken to jail and tried for the same charges where he spent two nights in jail, this Time for nothing, and potentially almost lost his job?

Steve Palmer: Yeah, I guess I would need to know more. But let me posit a theory as to what happened here. It sounds like there might be a felony charge, uh, underlying all this. So a year ago, he got charged by way of a criminal complaint. That's just a police officer swearing out a statement that says, I, uh, hereby swear that this person committed a felony that immediately allows the officer to conduct the arrest, get that person into court or into jail, and then drag him into court where a judge will conduct an initial appearance and set a bond. All right, well, then they got a certain period of time to either indict the case by way of a formal grand jury or bind it over by way of a preliminary hearing or simply dismiss it until such Time as they can get a grand jury and actually, uh, present the case to a grand jury for indictment. Now, all this is getting complicated, but the long story short is this. He's probably been indicted on a case that was dismissed at some point in the past. Um, and now it's just coming back up. And the indictment was sent out by a warrant, or they ignored certified mail, or they ignored the knock on the door where somebody was trying to serve them a summons to go to court. Uh, and now it's going to proceed. If it is something different than that, then that changes the analysis significantly. You can't be arrested and charged twice for the same offense. Uh, but if it's just re indicted, or if they're just indicting an offense that had occurred in the past, that's not the same as being charged twice. So again, give us a shout. 614-224-6142. Happy to represent you on that.

Speaker B: All right, uh, one more here. Uh, can you legally shoot a gun at another car in the freeway in self defense? Because he rammed my car.

Steve Palmer: How did that happen?

Speaker B: Asking for a friend in the news.

Steve Palmer: Last week from the Trump parade. Yeah, this gets tricky. So you're not allowed to shoot a gun From a moving car, generally speaking. I mean, you can't shoot at somebody, generally speaking. Every now and then, though, you can act in what's called self defense. You can actually defend your. And, um, you're permitted under Ohio law in most states to use the kind of force necessary to, uh, protect yourself from an equal or greater amount of force. So you couldn't shoot a gun at somebody who's simply giving you the middle finger. Uh, or maybe if they threw a snowball at you, you can't shoot them. Uh, now if they're trying to ram you with a car and you happen to be armed because you have a permit or you're lawfully carrying a gun, um, uh, you know, there's an argument there that you're allowed to use deadly force. And that deadly force, uh, in this situation would be a gun and shooting a gun at somebody. Uh, the obligation or all the rules at play on that depend greatly on what the facts are and how everything unfolded. You know, for instance, you can't use deadly force if you started the fight. You can't use deadly force if, uh, they're only using non deadly force at you. Um, and then you got to throw into the milkshake this other notion that at least in Ohio now and lots of other states, the rules change if you're at home or if you're in your car, um, because a car is, they're giving that sort of the same purview of protection as your home. And, uh, you can deadly force with another car.

Speaker B: Kind of seems a bit aggressive.

Steve Palmer: It does seem aggressive. Now, what if somebody's trying to run you down and, you know, cars are deadly weapons all the Time. I represent lots of folks who are accused of trying to ram somebody with their car either after a fight or in a domestic violence situation. Really, uh, happens a lot. And, uh, that's deadly force. You know, that's a deadly weapon, um, under, uh, the felonious assault statutes, uh, if it's adopted and used that way. So, you know, the answer is maybe. And you know, sometimes people ask, well, what if I'm not allowed to have a gun in the first place? Can I still use deadly force? Well, yes, but you might be also charged with having a gun when you shouldn't. Um, so if there's a improper possession, uh, of this firearm to begin with, like they don't have a permit to carry a gun in a car that's loaded, uh, then, you know, that might be a separate problem. It doesn't get them out of that problem. Gotcha.

Speaker C: Uh, I just showed you a video.

Speaker B: Yeah, I just saw the video of that.

Speaker C: This is a driver, Florida, in Orlando. He just got into dispute with another driver, and he fires through his windshield at the other driver in their car.

Speaker B: Now, you have answered this question before, but it's being asked again, and it's been a little while since we've asked this.

Speaker C: Ah.

Speaker B: Does your medical marijuana card prevent you from getting a concealed carry permit in Ohio?

Steve Palmer: Uh, I believe it does, yes. Yeah.

Speaker B: All right. There you go. Steve Palmer, ladies and gentlemen. If you want to hire him as your attorney, you can do that. You can call one simple number. What's that number, Steve?

Steve Palmer: 614-224-6142. And, uh, check us every week, all week long on Lawyer Talk. Off The Record, on the air, on the air, off The Record, whatever it is, at least until now.