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. 1d ago

    Traffic Violations in Pennsylvania: Points, Fines & License Suspensions

    A traffic ticket in Pennsylvania could cost you more than the fine. Some traffic violations can lead to driver's license suspensions, PennDOT points, higher insurance rates, and even jail time. So should you pay your traffic ticket or fight it?In this episode of Now We Defend, former prosecutors turned criminal defense attorneys T.L. Kearney IV, Timothy Long, and Justin J. Baran of Kearney Law explain what Pennsylvania drivers need to understand before pleading guilty to a traffic violation.Many drivers assume that paying a speeding ticket or traffic citation makes the problem go away. But paying the fine generally means accepting a guilty plea, and certain violations carry additional consequences that drivers may not realize until they receive a letter from PennDOT.The attorneys break down Pennsylvania traffic laws, including:✓ Driver's license suspensions: Which traffic violations can cause you to lose your driving privileges?✓ Driving under suspension: Why additional citations can result in years of accumulated suspensions.✓ Pennsylvania's new Section 1543.1: How this provision may help eligible drivers avoid an additional suspension.✓ Speeding tickets and PennDOT points: How speeding violations affect your driving record and insurance.✓ Excessive speeding: What happens when you're caught driving 31 MPH or more over the speed limit?✓ Traffic ticket appeals: Why challenging a citation before pleading guilty can make a significant difference.✓ DUI-related license suspensions: Why completing your suspension period doesn't automatically mean your license has been restored.✓ Traffic court negotiations: How defense attorneys work with police officers and judges to seek better outcomes.✓ Insurance coverage gaps: How switching insurance companies incorrectly can create registration problems.The attorneys also share real courtroom experiences, explain common mistakes drivers make, and discuss why having a plan before appearing in traffic court can be critical.Should you pay a traffic ticket in Pennsylvania?Before paying a citation, understand the exact violation, whether it carries PennDOT points, whether it could suspend your license, and what other consequences may follow. When you're uncertain, speaking with an experienced Pennsylvania traffic defense attorney can help you understand your options.Chapters00:00 Pennsylvania Traffic Violations: Why Paying Can Cost You02:28 Traffic Tickets That Can Suspend Your License05:22 Driving Under Suspension: How Penalties Stack Up07:40 No Insurance, Reckless Driving & Racing Violations12:59 New Pennsylvania Law: Section 1543.1 Explained18:10 Ignoring a Traffic Ticket: Warrants & Suspensions20:47 How to Get Your Suspended License Back29:45 DUI-Related Suspensions & Avoiding Jail Time34:17 Why Your License Isn't Automatically Restored41:18 Traffic Court Secrets: Negotiating with Police52:15 Pennsylvania Speeding Tickets & PennDOT Points55:16 Excessive Speeding: Suspensions & Criminal Charges1:08:39 Insurance Gaps That Can Suspend Your RegistrationNEED HELP WITH A PENNSYLVANIA TRAFFIC VIOLATION?Kearney Law represents clients throughout Central Pennsylvania, including York, Adams, Lancaster, Cumberland, and Dauphin counties.Former Prosecutors... NOW WE DEFEND.📞 Call: 717-668-8159🌐 Website: https://tlkearneylaw.com/📧 Email: info@TLKearneyLaw.comFree initial consultations available.ABOUT NOW WE DEFENDHosted by attorneys T.L. Kearney IV, Timothy Long, and Justin J. Baran, Now We Defend takes you inside the courtroom with real legal insight from former prosecutors who now defend individuals facing criminal charges, DUI offenses, and traffic violations throughout Pennsylvania.This podcast provides general legal information and is not a substitute for legal advice regarding your individual circumstances. Laws and outcomes depend on the facts of each case.

  2. Oct 2

    Are Police Really Tracking You? Chief of Police Matt Millsaps Gives the Honest Answer

    No, police are not following you around, and every database search an officer runs leaves a record that gets audited. That's straight from West York Borough Police Chief Matt Millsaps.In this special episode of Now We Defend, T.L., Tim, and Justin sit down with Chief Millsaps for a rare conversation between former prosecutors turned defense attorneys and a sitting police chief in York County, PA.They cover the Flock camera debate, why misinformation from social media and AI is turning simple traffic stops into felony charges, and why police and defense attorneys work together far more than people think.The episode closes with a tribute to Officer Andrew Duarte of West York Borough and Detective Sgt. Cody Becker, Detective Mark Baker, and Detective Isaiah Emenheiser of Northern York County Regional Police.What we cover:✅ What Flock cameras and license plate readers actually do✅ Whether police can look you up without a reason✅ How body cameras changed complaints, court, and officer discretion✅ What a police chief looks for when hiring new officers✅ How gangs in York County have changed in the social media eraChapters:00:00 Chief Matt Millsaps joins Now We Defend01:10 From paramedic to police chief03:51 Social media, AI, and passive defiance at traffic stops06:39 Policing York County's most densely populated borough09:40 What defense attorneys hear in consultations13:47 Are police following you?14:39 Flock cameras and license plate readers explained24:53 Politics and the public trust gap31:06 Do your homework before you believe the clip37:31 Your phone is the bigger privacy issue41:12 Why some drivers keep getting pulled over43:14 Can police look you up whenever they want?50:16 Body cams and citizen complaints54:33 Do body cams kill officer discretion?57:35 Why proactive defense gets better results1:04:24 Police and defense attorneys are not enemies1:14:21 How a police chief hires officers1:25:55 How gangs have changed in York County1:33:00 Why deterrence fails with young offenders1:37:37 Honoring Officer Duarte and the NYCRP detectives1:51:42 Closing thoughtsFacing criminal charges in York, Adams, Lancaster, Cumberland, Dauphin, or Franklin County? Talk to former prosecutors who know how the other side builds a case. Call Kearney Law at 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/kearneylaw

    Are Police Really Tracking You? Chief of Police Matt Millsaps Gives the Honest Answer

  3. Sep 26

    What Is Hearsay? Former Prosecutors Explain What Actually Counts

    Hearsay is an out-of-court statement offered to prove that what it says is true, and even when something is hearsay, Pennsylvania's rules of evidence let a lot of it into court anyway. On this episode of Now We Defend, former prosecutors T.L. Kearney, Tim Long, and Justin Baran unpack one of the most misunderstood objections in criminal court. Clients tell us all the time that something "won't hold up because it's hearsay." Most of the time, that's not how it works. We cover the real definition, why the rule exists, your Sixth Amendment right to confront your accusers, and the exceptions that put secondhand statements in front of a jury. Plus: how a guy who swears he's not dying could keep his own statement out of court. ✅ What hearsay actually means (and what it doesn't) ✅ The "effect on the listener" workaround ✅ Hearsay within hearsay ✅ Texts, bodycam, 911 calls, and "it's AI" claims ✅ Relevance, unfair prejudice, and speculation objections ✅ Excited utterances, business records, and your own statements to police ✅ Unavailable witnesses and dying declarations CHAPTERS 0:00 Objection, hearsay 0:41 What hearsay actually means 3:21 A simple hearsay example 4:33 Not for the truth: effect on the listener 9:00 Why the hearsay rule exists 12:41 The three-step hearsay roadmap 14:31 Hearsay within hearsay 17:23 Texts, recordings, and social media 19:15 Relevance and other objections 22:47 "It's AI": authenticating evidence 27:30 Unfair prejudice and prior bad acts 32:16 Speculation 36:30 Why hearsay exceptions exist 38:42 Juries, body language, and virtual trials 43:15 Present sense impressions and excited utterances 48:17 Medical statements and physical condition 49:21 Recorded recollection 53:05 Business and public records 58:34 Unavailable witnesses and former testimony 1:00:51 Statements against interest 1:02:16 Dying declarations 1:13:12 A party's own statements 1:15:03 Prior inconsistent and consistent statements 1:18:17 The one question to ask Kearney Law defends clients in York, Adams, Lancaster, Cumberland, Dauphin, and Franklin counties, plus federal courts statewide. Facing criminal charges in Central Pennsylvania? Call 717-668-8159 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

  4. Sep 19

    How Do Lawyers Defend Guilty People? Former Prosecutors Explain

    Criminal defense attorneys defend guilty people because the job is not to judge the client. It is to protect their constitutional rights, hold the prosecution to its burden of proof, and help them reach a fair outcome. In this episode of Now We Defend, former prosecutors T.L. Kearney, Tim Long, and Justin Baran answer one of the questions they hear most: how do you defend someone who is guilty, or who tells you they did it? They separate the moral question from the legal one and explain why due process matters even when the facts look bad. They also get practical about what a lawyer can and cannot do, why honesty in the first meeting matters, and how much of a case depends on what the client does next. In this episode: ✔ Why defense attorneys do not sit in judgment of clients ✔ Factual guilt vs. legal guilt vs. moral guilt ✔ What due process actually means ✔ John Adams and the Boston Massacre trial ✔ Why a guilty person still gets a lawyer ✔ What a lawyer cannot do, from meritless motions to misleading the court ✔ How clients help (or hurt) their own cases Charged with a crime in York, Adams, Lancaster, Cumberland, Dauphin, or Franklin County, or facing a federal case in Pennsylvania? Call Kearney Law at 717-668-8159

    How Do Lawyers Defend Guilty People? Former Prosecutors Explain

  5. Sep 14

    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?

  6. 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

  7. 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

  8. 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
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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
    23
  • Rating
    Explicit
  • Copyright
    © Kearney Law
  • Show Website
    Now We Defend