Now We Defend

Kearney Law
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Now We Defend is a podcast hosted by former prosecutors turned defense attorneys T.L. Kearney, IV, Timothy Long, and Justin J. Baran of Kearney Law. Each episode breaks down real-world criminal defense topics, DUI cases, courtroom strategy, legal misconceptions, and what actually happens inside the justice system. With experience on both sides of the courtroom, the team brings honest conversations, practical insight, and behind-the-scenes perspective to the cases and legal issues people face every day throughout Central Pennsylvania.

  1. 4d ago

    Lindsay Clancy Mistrial: Can Prosecutors Retry Her Case?

    Yes. After a hung jury forces a mistrial, prosecutors almost always have the right to try the case again in front of a new jury, and there's no set limit on how many times they can do it, though a string of repeated mistrials can eventually give the defense grounds to push back.Lindsay Clancy's murder trial in Massachusetts ended in a mistrial after the jury deadlocked for days and the judge gave what's known as a dynamite instruction (or Allen charge), a push for holdout jurors to reconsider without abandoning their honest judgment. Pennsylvania courts use the same tool for the same reason: a jury has to be unanimous, all 12 people, and if they truly can't get there, a mistrial is the result and the Commonwealth generally gets to retry the case.Clancy's defense hinged on being found not guilty by reason of insanity, so T.L., Tim, and Justin use it as the jumping off point for how that defense actually works in Pennsylvania. PA follows the McNaughton rule: the defendant has to prove, by a preponderance of the evidence, that a mental defect kept them from understanding what they were doing or knowing it was wrong. That's a very different, and much narrower, standard than being found guilty but mentally ill.✅ How Pennsylvania's insanity defense (the McNaughton rule) works and who has to prove what✅ The difference between not guilty by reason of insanity and guilty but mentally ill✅ How diminished capacity can knock a first-degree murder charge down to third-degree✅ Why voluntary intoxication is almost never a defense, except to first-degree murder✅ What actually happens after a hung jury, and whether there's a limit on retrialsFacing a serious charge in Central Pennsylvania? Call Kearney Law at 717-668-8159.0:00 - Intro: The Lindsay Clancy Mistrial as a Springboard1:06 - Not Guilty by Reason of Insanity, Explained1:57 - Pennsylvania's McNaughton Rule vs. the Model Penal Code3:36 - Why the Burden of Proof Shifts to the Defense4:39 - The Philosophy and Backlash Behind the Insanity Defense11:38 - What Victims and Their Families Go Through15:39 - Faith, Justice, and the Human Wreckage of These Cases23:26 - Dependency Court and Where It Overlaps With Criminal Cases36:16 - What Makes a Good Judge (and the "God Complex" That Doesn't)56:10 - Reading Pennsylvania's Insanity Standard Word for Word57:12 - Diminished Capacity: From First-Degree to Third-Degree Murder1:00:20 - Voluntary Intoxication Is (Almost) Never a Defense1:05:01 - No Contest Pleas, Alford Pleas, and Guilty But Mentally Ill1:09:28 - After Commitment: Release, Relapse, and State Hospitals1:18:17 - What a Mistrial Actually Is, and How Many Times You Can Retry a CaseFollow Us: Spotify: https://open.spotify.com/show/6br0rM1j6KiQ3T6EsGAopp?si=c3ec460eb74a45dcAmazon Podcast: https://music.amazon.com/podcasts/ad6a66e1-131f-4752-9c7f-6e0bbfb350d7/now-we-defendApple Podcast: https://podcasts.apple.com/us/podcast/now-we-defend/id1896671175iHeartRadio: https://www.iheart.com/podcast/269-now-we-defend-334011621?filter=UNPLAYED&sort=descLinkedIn: https://www.linkedin.com/company/kearney-law-paInstagram: https://www.instagram.com/kearneylawpa/Tiktok: https://www.tiktok.com/@kearneylawpaFacebook: https://www.facebook.com/kearneylaw

    Lindsay Clancy Mistrial: Can Prosecutors Retry Her Case?

  2. Sep 5

    Celebrity DUI Stops: What Body Cam Footage Reveals All

    You don't have to answer police questions or perform field sobriety tests during a DUI stop, even if you're a celebrity.In this episode of Now We Defend, former prosecutors T.L. Kearney, Tim Long, and Justin Baran break down body cam and dash cam footage from real DUI stops, including Tony Romo's traffic stop and Justin Timberlake's arrest in New York. They grade each stop and point out exactly where these high profile drivers helped, or hurt, their own defense.The hosts also react to a viral traffic stop clip, explain the difference between friendly conversation and a lawful investigation, and break down when a routine stop legally becomes a DUI investigation. They close out with an update on the high profile Lindsay Clancy trial in Massachusetts, where the jury deadlocked and the judge declared a mistrial.What this episode covers: Why field sobriety tests are optional in PennsylvaniaHow casual conversation with police can build a DUI case against youWhen reasonable suspicion turns a traffic stop into a DUI investigationWhat Tony Romo and Justin Timberlake did wrong on body camWhy staying quiet protects you better than being polite If you're facing a DUI charge in Central Pennsylvania, call Kearney Law at 717-668-8159.

    Celebrity DUI Stops: What Body Cam Footage Reveals All

  3. Aug 22

    Does Deleting Something Off Your Phone Actually Delete It? Legal Myths Busted - Kearney Law

    No, deleting something from your phone doesn't actually delete it. That's just one of the criminal law myths former prosecutors T.L. Kearney, Tim, and Justin break down in this episode of Now We Defend. They pick up right where they left off a few weeks ago, working through even more myths they hear constantly from clients and from people online. This episode covers what actually happens to deleted texts, images, and internet activity, whether you really have to answer police questions, and why smart people (not just guilty people) ask for a lawyer. They also unpack plea deals, why no honest attorney will ever guarantee a trial outcome, who actually carries the burden of proof at trial, and the real difference between a not guilty verdict and being found innocent. T.L. closes out the episode with a personal story about a scary roadside encounter that ties directly back to their self-defense episode. Chapters: 0:00 Intro – Picking Up Last Week's Myths 1:42 Myth: Deleting Something Off Your Phone Means It's Gone 23:24 Myth: You Have to Answer Police Questions 36:41 Myth: If You're Innocent, Just Explain Yourself to Police 46:22 Myth: Only Guilty People Ask for a Lawyer 52:06 Myth: Taking a Plea Deal Means You're Guilty 57:07 Myth: A Lawyer Can Guarantee You'll Win at Trial 1:03:12 Myth: The Defendant Has to Prove Their Own Innocence 1:10:01 Myth: A Not Guilty Verdict Means You're Innocent 1:14:01 Myth: A Prosecutor's Job Is to Win at Trial 1:23:03 Myth: Everyone Charged With a Crime Gets a Jury Trial 1:26:35 Myth: Lawyers Can Ambush Witnesses With Hidden Evidence 1:34:29 A Scary Roadside Encounter & Self-Defense Law in Action Kearney Law defends clients throughout York, Adams, Lancaster, Cumberland, Dauphin, Franklin, and the surrounding Central Pennsylvania counties, plus federal courts statewide. Have questions after watching? Call Kearney Law at 717-668-8159. *This podcast is for general information only and is not legal advice for your specific situation.

    Does Deleting Something Off Your Phone Actually Delete It? Legal Myths Busted - Kearney Law

  4. Aug 14

    From Prosecutor to Defense Attorney: Our Story & How it Happened

    Kearney Law attorneys Tim and Justin both started their careers as prosecutors, trying cases in the Dauphin and York County DA's offices before joining the defense side at Kearney Law.In this episode, they go off script to share the backstory most clients never hear. Tim and Justin talk through how they landed at Widener Commonwealth Law School, Justin's five years of active duty in the Navy before law school, and the early trials, wins, and losses that shaped them as prosecutors long before they ever represented a defendant.They also get into why they left the DA's office, what it took to walk away from steady prosecutor jobs, and how that prosecution experience now shapes the way they build defense strategy, talk to officers, and handle cases at Kearney Law.What's covered in this episode:✅ How Tim and Justin ended up at Widener Commonwealth Law School✅ Justin's path through the U.S. Navy before switching to law✅ Trying felony and misdemeanor cases in the Dauphin and York County DA's offices✅ Why they left the DA's office to join Kearney Law✅ How their prosecutor experience shapes how they defend clients todayHave a legal question for the Kearney Law team? Call 717-668-8159Follow Us: Spotify: https://open.spotify.com/show/6br0rM1j6KiQ3T6EsGAopp?si=c3ec460eb74a45dcAmazon Podcast: https://music.amazon.com/podcasts/ad6a66e1-131f-4752-9c7f-6e0bbfb350d7/now-we-defendApple Podcast: https://podcasts.apple.com/us/podcast/now-we-defend/id1896671175iHeartRadio: https://www.iheart.com/podcast/269-now-we-defend-334011621?filter=UNPLAYED&sort=descLinkedIn: https://www.linkedin.com/company/kearney-law-paInstagram: https://www.instagram.com/kearneylawpa/Tiktok: https://www.tiktok.com/@kearneylawpaFacebook: https://www.facebook.com/kearneylaw

    From Prosecutor to Defense Attorney: Our Story & How it Happened

  5. Aug 8

    Debunking Hollywood's Biggest Criminal Justice Myths | Now We Defend Podcast

    Hollywood has been lying to you. On this episode of Now We Defend, T.L. Kearney and Justin — both former prosecutors turned criminal defense attorneys — put a dozen of the most common criminal justice myths on trial and tell you what actually happens in Pennsylvania courtrooms.From whether victims can "drop the charges" to what really triggers Miranda rights, this episode breaks down the difference between what you see on TV and how the system actually works, straight from attorneys who used to build these cases as prosecutors.Chapters:0:00 Intro – Hollywood's Criminal Justice Myths2:26 Myth: Victims Decide Whether to Press Charges5:16 Myth: A Case Gets Dropped If the Victim No-Shows9:52 Myth: Being Charged Is the Same as Being Convicted12:03 Myth: Pleading the Fifth Means You Never Have to Testify24:23 Myth: Police Can't Lie to You30:56 Myth: Undercover Cops Have to Admit It If You Ask33:01 Myth: Police Always Have to Read You Miranda Rights46:46 Myth: Police Must Charge You for the Reason They Stopped You50:05 Myth: Police Always Need a Warrant to Search1:10:05 Myth: Refusing a Breath or Blood Test Means No DUI1:16:01 Myth: You Need Physical Evidence to Get a Conviction1:20:22 Myth: Testimony Alone Isn't Enough to ConvictKearney Law defends clients throughout York, Adams, Lancaster, Cumberland, Dauphin, Franklin, and the surrounding Central Pennsylvania counties, plus federal courts statewide. As former prosecutors, T.L., Tim, and Justin know exactly how the other side builds a case — and how to take it apart.Facing charges or have questions after watching? Call 717-668-8159.This podcast is for general information only and is not legal advice for your specific situation.#NowWeDefend

  6. Jul 31

    Criminal Defense Lawyers React to Wild Social Media Comments

    T.L. is away celebrating his birthday, so Justin & I are taking over the Now We Defend podcast.This week, we react to some of the most insightful, prolific, confusing, and downright ridiculous comments Kearney Law has received across TikTok, Instagram, YouTube, and other social media platforms.They break down comments and questions about:• Refusing a blood test during a Pennsylvania DUI investigation• Medical marijuana, inactive metabolites, and DUI charges• Medical marijuana cards and concealed carry permits• The 21-foot rule in self-defense situations• Defending another person from an attacker• When displaying a firearm may be legally justified• Fighting police officers during a traffic stop• Recording police encounters• Sovereign citizen arguments• Using ChatGPT and artificial intelligence for legal researchSome commenters raise genuinely thoughtful questions. Others confidently assert legal rights that simply do not exist. Tim and Justin explain why legal answers are usually fact-specific, how attorneys evaluate these situations, and why the side of the road is rarely the right place to fight a legal battle.The biggest takeaway: social media can be useful for starting a conversation, but a comment section, viral video, or AI-generated answer is not a replacement for advice from an experienced attorney who understands the facts of your case.Nothing discussed in this episode should be considered legal advice for your specific situation. Laws and outcomes depend heavily on the individual facts involved. Speak with a qualified attorney about your case.Kearney Law is a team of former prosecutors who now defend individuals facing criminal charges, DUI offenses, traffic violations, and other serious legal matters throughout Central Pennsylvania.Schedule a free initial consultation:Call: 717-668-8159Email: info@TLKearneyLaw.comWebsite: tlkearneylaw.comFormer Prosecutors… NOW WE DEFEND.TIMESTAMPS0:00 Intro & TL's Birthday Shoutout2:40 The Constitution & Blood Draw Comment4:59 The DL-26 Form Change Explained7:33 Europe's Driving School Comment13:46 Inactive Metabolite = DUI?18:58 Inside a Third-Offense DUI Jury Trial22:40 Medical Card vs. Concealed Carry Permit29:17 The 21-Foot Rule (Tueller Drill)35:29 Defending Your Child: The Knockout Game43:19 The Samuel Case: Dueling Firearms47:38 Shot Over a Cell Phone: Justified Force49:38 Stop Normalizing Rights Violations?55:53 Resisting Arrest vs. Assaulting an Officer57:07 Sovereign Citizens & Bad Legal Advice1:00:16 ChatGPT Lawyers Are a Problem1:10:08 Should You Film the Police?1:17:45 Final Thoughts & Wrap-UpFollow Us: Spotify: https://open.spotify.com/show/6br0rM1j6KiQ3T6EsGAopp?si=c3ec460eb74a45dcAmazon Podcast: https://music.amazon.com/podcasts/ad6a66e1-131f-4752-9c7f-6e0bbfb350d7/now-we-defendApple Podcast: https://podcasts.apple.com/us/podcast/now-we-defend/id1896671175iHeartRadio: https://www.iheart.com/podcast/269-now-we-defend-334011621?filter=UNPLAYED&sort=descLinkedIn: https://www.linkedin.com/company/kearney-law-paInstagram: https://www.instagram.com/kearneylawpa/Tiktok: https://www.tiktok.com/@kearneylawpaFacebook: https://www.facebook.com/kearneylaw

    Criminal Defense Lawyers React to Wild Social Media Comments

  7. Jul 24

    Behind The Scenes: How Criminal Trials Really Work, From Openings to Verdict | Now We Defend Podcast

    Real trials are nothing like TV. In this episode, T.L., Tim, and Justin (all former prosecutors) walk through an entire Pennsylvania criminal trial from opening statement to verdict. They break down why the most confident witness on the stand can still be completely wrong, how memory actually works under oath, and the strategy behind cross-examination, objections, and closing arguments. This is Part 2 of our trial procedure series. Catch Part 1 on pretrial motions and jury selection if you missed it. Topics covered in this episode: 00:00 Why witness memory isn't as reliable as it seems 01:22 Breaking down the structure of a trial 02:18 Opening statements: jury trials vs. bench trials 06:03 Real case examples: crafting an opening that connects 13:52 Why cross-examination is the defense's best weapon 19:22 Beyond a reasonable doubt, explained in plain English 25:41 The bridge analogy and the puzzle analogy 35:16 Direct questions vs. leading questions 40:06 Objections: when to use them and when to hold back 44:10 Leading questions on cross-examination 48:58 The lesson every trial lawyer learns the hard way 1:00:14 Why memory is reconstructed, not replayed 1:04:19 Why honest witnesses still change their testimony 1:12:17 Prepping a witness the right way (and the ethical line) 1:25:03 Closing arguments: where the real argument happens 1:36:02 What you legally cannot say in a closing 1:39:40 What actually happens in the jury room 1:44:03 Hung juries and how Pennsylvania handles them 1:48:55 How a verdict is delivered in open court 1:52:18 Bail and sentencing after a guilty verdict Kearney Law defends clients across York, Adams, Lancaster, Cumberland, Dauphin, Franklin, and surrounding Central Pennsylvania counties, plus federal courts statewide. Former prosecutors. Now we defend. Call 717-668-8159 for a consultation. Follow Us: Spotify: https://open.spotify.com/show/6br0rM1j6KiQ3T6EsGAopp?si=c3ec460eb74a45dc Amazon Podcast: https://music.amazon.com/podcasts/ad6a66e1-131f-4752-9c7f-6e0bbfb350d7/now-we-defend Apple Podcast: https://podcasts.apple.com/us/podcast/now-we-defend/id1896671175 iHeartRadio: https://www.iheart.com/podcast/269-now-we-defend-334011621?filter=UNPLAYED&sort=desc LinkedIn: https://www.linkedin.com/company/kearney-law-pa Instagram: https://www.instagram.com/kearneylawpa/ Tiktok: https://www.tiktok.com/@kearneylawpa Facebook: https://www.facebook.com/kearneylaw

    Behind The Scenes: How Criminal Trials Really Work, From Openings to Verdict | Now We Defend Podcast

  8. Jul 17

    Rule 600, Jury Selection & the Secrets of Picking a Jury | Now We Defend by Kearney Law

    You've been charged. Now what? This week on Now We Defend, T.L., Tim, and Justin pull back the curtain on everything that happens between an arrest and a verdict, using their experience as former prosecutors to break down how the process really works from both sides of the courtroom. They cover Pennsylvania's Rule 600 speedy trial clock and how delay gets fought over, why a 911 call can vanish before you even know you need it, what happens when an old bench warrant resurfaces after 10+ years, and how an omnibus pretrial motion can pause the clock entirely. Then they dig into jury selection: which professions defense attorneys try to keep off a jury, how preemptory strikes and Batson challenges actually work, and some of the strangest voir dire stories from their careers. This is part one of a two-part series. Next week: what actually happens once that jury is picked and the trial begins. Chapters: 0:00 Intro – Every Case Starts With One Question 1:16 The Right to a Trial, Explained 4:05 Rule 600: Pennsylvania's Speedy Trial Clock 9:31 Due Diligence and the Commonwealth's Burden 13:09 Discovery Delays and the Vanishing 911 Call 21:58 When Old Warrants Resurface Years Later 29:44 Omnibus Pretrial Motions Explained 36:16 Jury Trial or Bench Trial: Making the Call 44:11 Voir Dire: How Jury Selection Actually Works 50:17 The Professions Attorneys Never Want on a Jury 1:01:48 Jury Strikes and the Batson Challenge 1:06:20 Strikes for Cause and Reading the Room 1:11:06 Trusting Your Gut (and Weird Juror Tells) 1:12:52 What's Coming Next Week Charged with a crime in York, Adams, Lancaster, Cumberland, Dauphin, Franklin, or the surrounding Central PA counties? Kearney Law's attorneys are former prosecutors who know how the other side builds a case. Call 717-668-8159. Follow Us: Spotify: https://open.spotify.com/show/6br0rM1j6KiQ3T6EsGAopp?si=c3ec460eb74a45dcAmazon Podcast: https://music.amazon.com/podcasts/ad6a66e1-131f-4752-9c7f-6e0bbfb350d7/now-we-defendApple Podcast: https://podcasts.apple.com/us/podcast/now-we-defend/id1896671175iHeartRadio: https://www.iheart.com/podcast/269-now-we-defend-334011621?filter=UNPLAYED&sort=descLinkedIn: https://www.linkedin.com/company/kearney-law-paInstagram: https://www.instagram.com/kearneylawpa/Tiktok: https://www.tiktok.com/@kearneylawpaFacebook: https://www.facebook.com/kearneylawYoutube: https://www.youtube.com/@KearneyLawPA #NowWeDefend #KearneyLaw

    Rule 600, Jury Selection & the Secrets of Picking a Jury | Now We Defend by Kearney Law
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About

Now We Defend is a podcast hosted by former prosecutors turned defense attorneys T.L. Kearney, IV, Timothy Long, and Justin J. Baran of Kearney Law. Each episode breaks down real-world criminal defense topics, DUI cases, courtroom strategy, legal misconceptions, and what actually happens inside the justice system. With experience on both sides of the courtroom, the team brings honest conversations, practical insight, and behind-the-scenes perspective to the cases and legal issues people face every day throughout Central Pennsylvania.

Information

  • Creator
    Kearney Law
  • Years Active
    2026
  • Episodes
    19
  • Rating
    Explicit
  • Copyright
    © Kearney Law
  • Show Website
    Now We Defend