Now We Defend

Kearney Law

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. 5d ago

    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
  2. 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

  3. 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
  4. 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
  5. 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
  6. Jul 10

    Wrong Guy? How PA Defense Attorneys Beat Eyewitness IDs, DNA & AI Facial Recognition | Now We Defend Podcast by Kearney Law

    You wake up to police at your door with a warrant for a crime you didn't commit. It happens more than people think, and it usually starts with a mistaken identification. In this episode of Now We Defend, T.L., Tim, and Justin break down everything that goes into an identity defense. As former prosecutors, they've built these cases from both sides, and they walk through how eyewitness identifications fall apart, how police lineups are built (and challenged), and how modern evidence like cell phone data, social media, DNA, and AI facial recognition is changing how identity gets proven (or disproven) in court. Topics covered: eyewitness misidentification, live and photo lineups, confirmation bias, cross-examination strategy, lighting and distance factors, stress and the weapon focus effect, disguises and appearance changes, cross-racial identification, sketch artists, surveillance camera evidence, cell phone tower pings and geofencing, social media and metadata, AI facial recognition, DNA and fingerprint evidence, and alibi defenses. Kearney Law defends clients across York, Adams, Lancaster, Cumberland, Dauphin, Franklin, and the surrounding Central Pennsylvania counties. TIMESTAMPS0:00 Cold Open: Mistaken for a Crime You Didn't Commit2:12 What Is an Identity Defense?3:33 Inside Police Lineups (Live, Photo & Digital)8:26 Who Has to Prove It Was You?13:27 Cross-Examining an Eyewitness on the Stand18:36 What Distorts an ID: Lighting, Distance & Eyesight25:54 Stress, Tunnel Vision & the Weapon Focus Effect31:08 Disguises, Tattoos & Mid-Trial Appearance Changes38:01 Cross-Racial Identification40:48 Sketch Artists: Do They Still Work?43:46 Surveillance Cameras, Body Cams & AI Video Stitching53:23 Cell Phone Pings, Tower Dumps & Geofencing1:00:44 Email, Google Accounts & Digital Footprints1:04:37 How Social Media Gets People Identified1:10:51 AI Facial Recognition: The Good and the Dangerous1:15:49 DNA & Fingerprint Evidence Explained1:23:08 Alibi Defenses: What Actually Holds Up in Court Facing charges in Central Pennsylvania? Call Kearney Law now: 717-668-8159 Follow us: @KearneyLawPA on Instagram, TikTok, Facebook, and YouTube This video is for informational purposes only and does not constitute legal advice. Every case is different. Contact Kearney Law directly to discuss your specific situation.

    Wrong Guy? How PA Defense Attorneys Beat Eyewitness IDs, DNA & AI Facial Recognition | Now We Defend Podcast by Kearney Law
  7. Jul 3

    PA Domestic Violence & PFA Charges Explained: What Defendants & Victims Need to Know | Now We Defend

    Domestic violence and PFA (Protection From Abuse) cases in Pennsylvania move fast and carry consequences that reach far beyond the courtroom. In this episode of Now We Defend, York, PA criminal defense attorneys T.L. Kearney, Tim, and Justin break down what actually qualifies as domestic violence, how bail conditions and no-contact orders work, and why PFA and criminal cases must be handled by the same strategic team.As former prosecutors, T.L., Tim, and Justin explain exactly how the DA's office builds and evaluates these cases, giving you the insider perspective most defendants and victims never get.What we cover in this episode:0:00 Intro1:46 What legally qualifies as domestic violence5:03 Bail conditions and no-contact orders after a DV arrest8:12 Filing a bail modification petition12:33 Why calling 911 almost always leads to an arrest19:22 Why the DA's office has a specialized domestic violence unit24:53 How police handle a domestic violence scene32:18 Victim recantation, false reports, and marital privilege39:32 Strangulation charges explained44:54 Strike offenses and mandatory minimums48:21 Stalking under Pennsylvania law54:45 Simple assault and physical menace1:00:52 Terroristic threats1:04:08 Harassment and criminal mischief1:08:21 Aggravated assault, false imprisonment, witness intimidation, burglary1:10:41 What a PFA is and who qualifies for one1:31:43 Handling a PFA and criminal case together1:42:10 Closing thoughtsWhether you're facing charges, seeking a PFA, or trying to protect your family, knowing your rights matters. If you're dealing with a domestic violence charge or a PFA in York, Adams, Lancaster, Cumberland, Dauphin, Franklin, or surrounding Central Pennsylvania counties, call Kearney Law at 717-668-8159.#DomesticViolence #PFA #PennsylvaniaLaw #CriminalDefense #NowWeDefend

    PA Domestic Violence & PFA Charges Explained: What Defendants & Victims Need to Know | Now We Defend
  8. Jun 27

    Everything That Happens During a Traffic Stop When You Get Pulled Over in Pennsylvania | Kearney Law, York PA

    What should you do when you get pulled over in Pennsylvania?It’s a situation almost every driver will experience eventually, yet most people have no idea what they’re legally required to do, what they can refuse, or how quickly a routine traffic stop can turn into a criminal investigation.In this episode of Now We Defend, former prosecutors turned criminal defense attorneys T.L. Kearney IV, Timothy Long, and Justin Baran walk through an entire Pennsylvania traffic stop from start to finish. They explain why police can stop your vehicle, the difference between reasonable suspicion and probable cause, and the rights every driver should understand before those red and blue lights ever appear in the rearview mirror.The conversation covers some of the biggest misconceptions surrounding traffic stops, including whether officers can order you out of your vehicle, whether passengers have to identify themselves, when police can search your car, and what happens if they ask for consent to search. The attorneys also discuss how DUI investigations typically begin, why seemingly harmless statements can become evidence, and the difference between field sobriety tests and chemical testing under Pennsylvania’s implied consent law.The episode also examines newer issues affecting Pennsylvania drivers, including automatic license plate readers, window tint stops, Paul Miller’s Law, medical marijuana, recording police during a traffic stop, and the real consequences of driving under suspension. Drawing on years of experience as both prosecutors and defense attorneys, the hosts explain how these cases are challenged in court and why many legal issues are far more complicated than they appear online.Most importantly, the attorneys explain the common mistakes they see every day: talking too much, consenting to searches without understanding the consequences, arguing with police on the roadside, and creating additional evidence that can later be used against you. Their advice is straightforward: comply with lawful commands, understand your rights, and avoid making a stressful situation even worse.Whether you’ve been pulled over before, have a teenager learning to drive, or simply want to better understand Pennsylvania law, this episode provides practical information every driver should know.If you enjoy the episode, subscribe to Now We Defend for weekly conversations about criminal defense, DUI law, firearms laws, constitutional rights, self-defense, and real courtroom strategy from attorneys who have worked on both sides of the justice system.Have a question about Pennsylvania law? Leave it in the comments. Your question could inspire a future episode.Former Prosecutors. NOW WE DEFEND.Get a Free Legal Consultation for Your PA Legal Case: https://tlkearneylaw.com/Call: 717-668-8159Follow Us: Linkedin: https://www.linkedin.com/company/kearney-law-paInstagram: https://www.instagram.com/kearneylawpa/Tiktok: https://www.tiktok.com/@kearneylawpaFacebook: https://www.facebook.com/kearneylaw

    Everything That Happens During a Traffic Stop When You Get Pulled Over in Pennsylvania | Kearney Law, York PA

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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.