Now We Defend

Pulled over for a suspected DUI in Pennsylvania? What you do in the next five minutes can shape the next year of your life. In this episode of the Now We Defend podcast, three former prosecutors break down exactly how to handle a DUI stop, what to refuse, what to consent to, and the single biggest mistake most people make.We cover:00:00 Intro and why DUIs touch so many lives03:00 The two main categories of DUI in Pennsylvania (per se vs. general impairment)05:00 The three tiers of alcohol DUI and what BAC puts you where07:00 Why "I only had two beers" doesn't help you09:00 Drug DUIs, prescription medications, and marijuana12:00 Implied consent explained15:00 The DL-26 form and what it actually says17:00 Why refusing the blood test almost always backfires20:00 What legally counts as a "refusal" (it's more than you think)26:00 Search warrants for blood and obstruction of justice charges30:00 Field sobriety tests are NOT pass/fail35:00 How to actually handle a DUI stop (step by step)42:00 The "two beer rule" myth47:00 Consciousness of guilt and why it wins prosecutors' trials54:00 What's coming next: the ARD programThis episode covers Pennsylvania DUI law specifically, including how things work in York County, Adams County, Dauphin County, Lancaster County, and Cumberland County. If you've been charged with a DUI or want to know what to do if you ever are, this is the episode to watch.WHO WE AREWe're three former prosecutors who now defend the accused. Now We Defend is the podcast where we share what we learned on the other side of the courtroom so you can make better decisions when you need them most.DISCLAIMERThis podcast is for informational purposes only and does not constitute legal advice. Every case is different. If you've been charged with a crime, consult a licensed attorney in your jurisdiction.

In Episode 2, we break down one of the biggest questions we hear from people across Central Pennsylvania: what actually happens when you get charged with a felony? A lot of people only understand the criminal justice system from TV shows, social media clips, or stories they hear from friends. The reality is usually much different, and the first few decisions someone makes after learning charges may be coming can completely change the direction of a case.We spent this episode walking through the beginning stages of felony cases and discussing what people should actually do if they hear they may be getting charged. Justin talked about a real call he received right before recording from law enforcement regarding felony charges against a former client, which led into a conversation about arrest warrants and “arrest by appointment.” In many situations, getting ahead of the process with an attorney involved can help avoid unnecessary surprises, public arrests, and bad bail determinations. We also discussed the different ways people even find out charges are coming, including police contact, probation involvement, investigations, and public court dockets.A major part of this episode focused on bail and how misunderstood that process really is. Most people hear the word “bail” and immediately think it means sitting in jail until someone pays money. In reality, there are multiple forms of bail, including release on recognizance, unsecured bail, supervised bail, and county-specific supervision programs that can involve alcohol monitoring, ankle bracelets, drug testing, treatment requirements, and regular reporting. We talked about how judges evaluate risk factors differently depending on the allegations, criminal history, county, ties to the community, and whether someone has already started engaging appropriately with the process.One thing we really wanted to emphasize in this episode is that being proactive matters. A huge mistake people make is waiting too long to address the situation or thinking they can simply avoid it and hope it disappears. We talked about how engaging early, getting treatment, attending counseling, completing evaluations, and complying with supervision can significantly improve the outcome of a case later on. Those steps are not admissions of guilt. As former prosecutors, we all explained that prosecutors and judges routinely separate mitigation efforts from what could or could not be used at trial. Getting help never hurts a case, and in many situations, it becomes one of the strongest factors working in someone’s favor.Tim and Justin also helped unpack how judges approach supervised bail and why some conditions are imposed in felony cases. We discussed things like no-contact orders, firearm restrictions, mental health evaluations, probation-style supervision, and why violating bail conditions can quickly land someone back in prison. We also talked about the difference between appearing before a random duty judge after getting arrested unexpectedly versus proactively appearing with counsel and being able to start telling your side of the story immediately. Even simple things like showing up dressed appropriately, being respectful, and engaging honestly with the court can make a real difference in how judges view someone entering the system.One of the biggest themes throughout this episode was something we strongly believe as defense attorneys: the process works best when people engage with it honestly and proactively. At Kearney Law, we’re obviously focused on getting the best legal result possible, but we also genuinely want to help people improve their situations long term. Sometimes that means addressing addiction, mental health struggles, family issues, or destructive patterns that contributed to the charges in the first place. The people who usually get the best outcomes are the ones willing to listen, put the work in early, and allow us to help guide them through the process.

Welcome to Episode 0 of Now We Defend, the new podcast from Kearney Law hosted by T.L. Kearney, Timothy Long, and Justin Baran.In this first episode, the team introduces the show and breaks down what actually happens when someone is charged with a crime in Pennsylvania. As former prosecutors who are now defense attorneys, T.L., Tim, and Justin explain the early stages of the criminal justice system, from receiving paperwork in the mail to preparing for a preliminary hearing.They also discuss why getting an attorney involved early can make a major difference, how proactive steps may help shape the outcome of a case, and why communication, preparation, and strategy matter from day one.This episode covers misdemeanor charges, DUI cases, criminal complaints, summons paperwork, preliminary hearings, prima facie evidence, hearsay, and the importance of knowing when to speak and when to remain silent.If you or someone you know has been charged with a crime, injured, or needs legal guidance in Central Pennsylvania, contact Kearney Law to schedule a free initial consultation.Call: 717-668-8159Visit: TLKearneyLaw.comHosted by:T.L. Kearney, IVTimothy LongJustin J. BaranFormer Prosecutors. Now We Defend.