Now We Defend

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

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 politeIf you're facing a DUI charge in Central Pennsylvania, call Kearney Law at 717-668-8159.

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 Myths1:42 Myth: Deleting Something Off Your Phone Means It's Gone23:24 Myth: You Have to Answer Police Questions36:41 Myth: If You're Innocent, Just Explain Yourself to Police46:22 Myth: Only Guilty People Ask for a Lawyer52:06 Myth: Taking a Plea Deal Means You're Guilty57:07 Myth: A Lawyer Can Guarantee You'll Win at Trial1:03:12 Myth: The Defendant Has to Prove Their Own Innocence1:10:01 Myth: A Not Guilty Verdict Means You're Innocent1:14:01 Myth: A Prosecutor's Job Is to Win at Trial1:23:03 Myth: Everyone Charged With a Crime Gets a Jury Trial1:26:35 Myth: Lawyers Can Ambush Witnesses With Hidden Evidence1:34:29 A Scary Roadside Encounter & Self-Defense Law in ActionKearney 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.

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

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