John D. Kirby, Federal Criminal Lawyer, San Diego CA
JOHN D. KIRBY:
“Criminal Law is in my blood at this point. This is what I know. This is where I win.”
A Commitment To Excellence
Attorney John D. Kirby graduated magna cum laude from the university of Southern California and cum laude from Cornell Law School. He began his legal career at the prestigious Washington D.C. law firm of Covington & Burling and then spent more than a decade as a federal prosecutor at the United States Attorneys Office in the Southern District of California.
During his time at Covington, he represented various high-profile and multimillion-dollar cases with outstanding results. His incredible work ethic and instinct landed him a distinguished position with the United States Government.
As an Assistant United States Attorney he handled a variety of serious criminal investigations and prosecutions, and received numerous awards for his work. These unique experiences have made him an expert in federal criminal law, and given him a deep understanding of how the prosecution will build a case against you.
For over 25 years, John David Kirby has defended and protect the rights of his clients with unparalleled success.
Extensive Insight About The Workings of Criminal Prosecution
At the Law Offices of John D. Kirby, our insight into the role of the federal criminal prosecutor means we know who our opponents are and we understand their tactics. We know how to get things done, even in the most complex cases involving federal white collar crimes and federal drug crimes. We will move quickly in order to protect your interests and your future. Federal criminal defense is an art, and we have proven ourselves to be artists.
Whether you are under investigation or you have been charged with a crime, you want to make certain that your interests and your future are protected. Seek representation from an experienced and trusted criminal defense attorney. Our law firm’s clients are personally represented by attorney John D. Kirby.
Business and Financial Fraud →
Drug Charges →
Money Laundering & Embezzlement →
SEC Violations Securities Fraud →
FDA Defense →
White-Collar Crimes →
Top-Rated San Diego Criminal Defense Attorney
As one of San Diego’s most premier law firms, The Law Offices of John D. Kirby is qualified and experienced with handling all aspects of a client’s federal criminal defense. From the moment that you believe you’re a part of an investigation or have been charged with a crime, you must hire expert and competent legal counsel to represent you. We have the necessary experience, skills and resources to get you the best possible results
for your particular case, and we are always ready to fight for your rights and protect your freedoms We are locally respected and have a proven track record of success. John Kirby served as a federal prosecutor for 10 years before starting this professional law firm. Being the former federal criminal prosecutor means we know who our opponents are, and we understand their tactics.
The government agents that conduct investigations such as the FBI, ATF and DEA have trained individuals that build federal cases with ease. They have nothing but time, money, resources and manpower to investigate a case for years down to the last detail. This makes it important to hire an attorney that has the experience to stand up to them and know how to manage strategies for winning that will work in your best advantage
in your case. That’s exactly what we can do for you.
Federal Crimes
A federal crime is known as any violation of statute or criminal laws that have been developed by Congress in the United States. It’s possible for an offense to violate both state and federal law at the same time. The decision to prosecute an offense as a federal crime is at the discretion of the Department of Justice.
Federal crimes are divided into many different categories:
- Sex Crimes: These crimes involve the mistreatment of children and can include: sex trafficking, aggravated sexual abuse, child pornography or sexual abuse of a minor.
- Federal White Collar Crimes: Common federal white collar crimes include: insider trading, tax evasion, securities fraud, computer/Internet fraud and credit card fraud, to name a few.
- Federal Drug Crimes: Many drug offenses are prosecuted and investigated as federal crimes. Common drug crimes include drug exportation, importation and trafficking.
- Federal Weapons Crimes: The federal government has cracked down on enforcing firearm and weapon statutes throughout the nation. Some common federal firearms/weapon offenses include: Possession of a firearm by a felon, possession of a prohibited firearm and commercial robbery.
Difference Between Federal Crimes and State Crimes
The type of law that was violated will be the determinant of whether the crime is a federal or state offense. A federal crime occurs when someone violated a federal law/statute that was created by Congress while a state crime occurs when someone violates a state law alone. Sometimes violation of both laws can occur.
Federal crimes are handled within a federal court. The State of California has four district courts: one for Central, Eastern, Northern and Southern districts. Ultimately, not all attorneys are authorized to handle these types of cases before a federal court. However, John D Kirby was a federal prosecutor before opening this firm, so he is well versed in the process and representing individuals successfully.
Federal crimes carry higher penalties than state ones usually. Due to these severe penalties, it’s important to hire an experienced federal criminal defense lawyer as soon as possible.
Investigation Of Federal Crimes
There are many federal agencies that investigate these federal crimes:
The FBI is responsible for investigating and enforcing all U.S. Criminal laws. The Drug Enforcement Agency must enforce all controlled substance laws and regulations. The Bureau of Alcohol, Tobacco, Firearms and Explosives are responsible for investigating illegal use and trafficking of firearms and any illegal use or storage of explosions.
The investigative process with federal crimes is greatly different than state crimes. Federal investigations are conducted by skilled agencies that gather information over time in order to bring forth charges. They have more resources and funding to investigate crimes, which leads to bigger arrests. Federal criminal investigations are done when they receive credible information about criminal activity and/or a sting operation is done to catch those committing these offenses. This makes it important to hire an experienced federal criminal defense lawyer to represent you during these serious times.
Call to Schedule a Free Consultation With a Federal Criminal Charges Lawyer Today
If you’ve been charged with a federal crime, call to schedule a free consultation with an experienced federal criminal defense attorney today. Our legal team at The Law Offices of John D. Kirby has over forty years of combined legal experience and can build the best possible defense for your federal criminal case. We serve San Diego, La Jolla, Coronado, Carlsbad, La Mesa, Del Mar, San Marcos, Solana Beach and surrounding San Diego County communities. Call 619-557-0100 to get started!
“BEING A GOOD TRIAL LAWYER IS MUCH MORE THAN KNOWING WHAT QUESTIONS TO ASK, IT’S ABOUT GENUINELY CARING FOR YOUR CLIENT AND PROTECTING THEIR RIGHTS.”
est. 2007
MY PRACTICE AREAS
Criminal Appeals
Common Grounds for a Criminal Appeal in California under Penal Code 1237
National & International Appels
Asset Forfeiture & Federal Seizures
21 U.S. Code § 853 – Criminal forfeitures
18 U.S. Code § 981 – Civil forfeiture.
Bribery, Extortion, and Conspiracy
18 U.S. Code § 201 – Bribery of public officials and witnesses
18 U.S. Code § 371 – Conspiracy to commit offense or to defraud United States
18 U.S. Code § 875 – Interstate communications
Drug and Prescription Drug Charges
21 U.S.C. § 812 : US Code – Section 812: Schedules of controlled substances
Possession with intent to sell a controlled substance – California Health and Safety Code 11351 HS
Embezzlement
18 U.S. Code Chapter 31 – Embezzlement and Theft
18 U.S. Code § 641 – Public money, property or records
Extradition Issues
18 U.S. Code § 3182 – Fugitives from State or Territory to State, District, or Territory
Federal Criminal Law
U.S. Code: Title 18 – Crimes and Criminal Procedure
Insider Trading
15 U.S.C., Chapter 2A – Securities Act of 1933
15 U.S.C., Chapter 2B – Securities Exchanges
15 U.S.C., Chapter 2B-1 – Securities Investor Protection Act Title
17 C.F.R., Chapt. II – Securities and Exchange Commission
Insurance Fraud
False claims in a Medicaid or Medicare 18U.S.C. section 287
False statements 18U.S.C. section 1001
Penal Code 550(a) PC prohibits most forms of health care and medical billing fraud in California
Litigation Matters
Negotiations, Discovery, Motions, Trial, and Appeal
Mortgage Fraud
18 U.S. Code § 1011 – Federal land bank mortgage transactions
Real Estate Fraud
18 U.S. Code § 1011 – Federal land bank mortgage transactions
Bank Fraud
18 U.S. Code § 1344 – Bank fraud.
SEC Investigations
Securities Act of 1933
Securities Exchange Act of 1934
Tax Fraud
26 U.S. Code § 7201 – Attempt to evade or defeat tax
White-Collar Crime
Securities and Exchange Commission Matters
U.S. Department of Justice Investigations
Larceny, Espionage, Forgery, money laundering, antitrust violations, etc.
WHAT MY CLIENTS SAY:
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NEWS & ARTICLES
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If you’ve been arrested for or charged with a federal offense, Law Offices of John D. Kirby, A.P.C. can help you by:
- Thoroughly investigating your case
- Determining whether any evidence against you may have been obtained illegally
- Interviewing all parties involved
- Negotiating reduced charges or penalties with the prosecution, if possible
Having a lawyer who can handle federal criminal defense can make the difference between successfully fighting your charges and spending years in jail. Call today to speak to Law Offices of John D. Kirby, A.P.C. about your case.
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