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FORMER U.S. FEDERAL PROSECUTOR — 10+ YEARS INSIDE THE PROSECUTION'S PLAYBOOK

San Diego federal criminal defense attorney when the stakes are high.

John D. Kirby spent more than a decade as a federal prosecutor at the United States Attorney's Office before building his defense practice. He knows how federal cases are built — because he used to build them.

USC magna cum laude · Cornell Law cum laude · Covington & Burling · Former Assistant United States Attorney

The case for the defense
The record — restated from the firm's own site, nothing invented
Former U.S. Federal Prosecutor ·Covington & Burling, Washington D.C. ·USC magna cum laude ·Cornell Law School cum laude ·Insider knowledge of prosecution tactics ·Top-rated San Diego criminal defense
0+ yrs As a federal prosecutor at the U.S. Attorney's Office
0 Federal criminal defense practice areas
0 Law degrees earned with honors — USC and Cornell
Every figure restated from kirbycriminallawyer.com — nothing invented

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"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."

John D. Kirby began at the prestigious Washington D.C. firm of Covington & Burling, then spent more than a decade as a federal prosecutor at the United States Attorney's Office — handling serious criminal investigations and prosecutions, receiving numerous awards for his work.

That chair is the advantage. The firm's own words: "We know who our opponents are and we understand their tactics."

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Twelve fronts of federal criminal defense.

01 — The Money Cases

Business & Financial Fraud

Bank fraud, wire fraud, embezzlement — cases where documents are the battlefield.

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02 — The Drug Cases

Federal Drug Crimes

Conspiracy, trafficking, distribution — federal charges with federal stakes.

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03 — The Money Trail

Money Laundering & Embezzlement

When the government follows the money, the defense has to be ahead of the trail.

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04 — The Markets

SEC Violations & Securities Fraud

Securities fraud, insider trading — cases that can involve two prosecuting entities.

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05 — The Agencies

FDA Defense

Food and drug enforcement actions carry criminal exposure most people never see coming.

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06 — The Boardroom

White-Collar Crimes

Corporate scandals and federal investigations — reputation and liberty on the line at once.

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07 — The Second Look

Criminal Appeals

The trial ended. The fight doesn't have to. Appeals and post-conviction litigation.

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08 — The Seizures

Federal Asset Forfeitures

The government can take property without a conviction — and it can be fought.

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09 — The Ledger

IRS Tax Fraud

Tax evasion and fraud & tax evasion prosecutions — numbers, not accusations, decide these.

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10 — Before Trial

Pretrial Hearings & Motions

Suppression, discovery, dismissal — most federal cases are won before the courtroom.

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11 — The Negotiation

Plea Bargains

Negotiating reduced charges or penalties with the prosecution, when it serves the client.

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12 — The First Hours

Arrest, Booking & Bail

What happens in the first 48 hours shapes everything that follows.

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How a federal case moves — and where the defense fights.

FEDERAL CASE FLOW EVERY STAGE IS A FRONT
  • INVESTIGATION

    Federal agents are building a file. What you say now — and what you don't — shapes everything after.

  • INDICTMENT

    Charges follow investigations. Federal cases move on the government's schedule and yours.

  • PRETRIAL MOTIONS

    Suppression, discovery, dismissal — the fight happens in writing and in hearings.

  • PLEA / TRIAL

    Negotiating reduced charges or penalties with the prosecution, if possible — or taking it to a jury.

  • SENTENCING / APPEAL

    The sentence is not the end. Appeals and post-conviction litigation remain.

"Because he was a federal prosecutor, he's able to view cases from all sides, which helps him get favorable results for his clients."

Client review — kirbycriminallawyer.com

Insight into the role of the federal prosecutor means knowing the opponent. Read how →

I — The chair

"Can a former federal prosecutor really defend me?"

One client put it plainly: "Wasn't sure about trusting a former prosecutor, but during our consultation he was real knowledgeable, had examples of dealing with similar experiences." Kirby's own words: his strategies are "built on insider knowledge and hard line negotiation." The prosecutor's playbook is the defense's map.

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II — The damage

"I already talked to the investigators. Is it over?"

A client wrote: "My only mistake was following another lawyer's advice before I hired John to represent me. By that time I had already given the prosecution everything they needed. Despite this, John negotiated for me." Statements made are not the end of the case — they change what must be done next.

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III — The sentence

"I'm looking at years. What can change?"

A client facing federal charges wrote: "I made some bad calls regarding my finance company and was facing up to 25 years in prison. John saved my life. He really fought for me." Sentencing exposure is where negotiation, mitigation, and experience meet.

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IV — The family

"Will my family be left out?"

A client's review: "If you are a Latino or Spanish speaker he has great Latino legal assistants that will help you with any question." The defense includes the people who need to understand it — in the language they speak.

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The consultation is free. The clock is not.

Consultation

Request a free consultation — the office reviews your situation first.

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Call now

Federal cases move fast. If agents are involved, call before you talk to them.

(619) 853-0642
The record

Read what clients say about working with the firm.

Read the Reviews