If you or a loved one are facing federal criminal charges, you can face serious damage to your career and reputation. Federal charges shouldn’t be taken lightly and seeking legal counsel is very important. When you’re looking for a federal criminal defense attorney, you need to hire someone experienced who specializes cases like this. At The Law Offices of John D. Kirby, we have over forty years of combined experience helping those facing federal crimes. This can include firearms offenses, sex crimes, child pornography, murder, homicide, white collar crimes, appeals and much more.
The law enforcement agencies investigating the case will differ between federal and state cases. Federal prosecutors have access to more resources to support their case. The penalties associated with federal crimes are much more severe and carry heavier sentences as well. When you’re facing federal charges, it’s important to hire legal counsel that has a proven track record of success for federal cases like yours.
In the State of California, there is a three strikes law. This means that someone convicted of any felony after being convicted of at least two other serious crimes can be sentenced to state prison for 25 years to life. Each type of felony can have a different set of terms, in which our professional federal criminal defense attorney can give you more specifics on at a legal consultation. Federal law sets federal mandatory minimums that judges are required to impose. The most common convictions like these are drug crimes and gun offenses.
Our law firm has over 40 years of combined experience representing those facing federal crimes. We have helped individuals facing a variety of charges. If you have brought in for questioning, it’s important that you hire legal counsel right away. Never answer questions without being advised by your lawyer. It’s for your own protection.
If you've been charged with a federal crime, call to schedule a free consultation with a federal criminal defense attorney in California today. Our legal team at The Law Offices of John D. Kirby have over forty years of combined legal experience and can build the best 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 us at 619-557-0100 and learn more about what we can do for you today.
Public officials of various kinds are entrusted with acting in the best interests of the public they serve. Since federal and public officials live most of their lives within the view of the public eye, accusations of or charges of federal corruption can do extensive damage to their reputation. Since public officials must often make difficult decisions, they can easily become unpopular, leading them to be targeted with corruption charges. Judges, law enforcement personnel, or city and state officials can be injured by accusations made by members of the public and can be tried and convicted by the court of public opinion before the facts related to the case are even known. This is why, if you've been charged with or accused of federal corruption, it's important to know how a California federal corruption defense attorney can defend your rights.
One common form of federal corruption is bribery. Bribery occurs when a federal or public official accepts or agrees to accept something of value in return for being influenced in carrying out his official duties. For example, a judge may accept a large sum of money in order to agree to rule a certain way in a criminal case. Even a juror may be found guilty of bribery if he or she was influenced to vote a certain way in a trial.
The embezzling or theft of government money that was intended to be used to serve the public is another form of federal corruption. It does not matter whether or not the person who used the money knew it was federal money. All that matters is whether or not he knew that it did not belong to him. If more than one person was involved, charges of conspiracy can also enter into the picture, making the issue even more complicated.
The penalties for federal corruption cases are often severe, involving years in prison and large fines. Bribery is a serious penalty of up to fifteen years in prison and fines of as much as three times the value of the bribe itself. Federal corruption crimes are almost always felonies, and as such, they involve penalties that increase in severity with the amount of money involved in the offense and with the number of people involved in any related conspiracy. One of the most important elements that must be proven in a federal corruption crime is the intention of the public official to commit the crime. A good federal corruption defense attorney will work to show that this intent was lacking in order to build an effective defense strategy.
If you have been charged with a federal corruption offense, call to schedule a free consultation with a federal corruption defense attorney today. The experienced legal staff at the law offices of John D. Kirby understand the laws involving federal corruption and will work hard to obtain the best outcome for your case. We serve San Diego, La Jolla, Coronado, Carlsbad, La Mesa, Del Mar, San Marcos, Solana Beach and surrounding San Diego County communities. Call us at 619-557-0100 and let us give you legal advice you can rely on.
At The Law Offices of John D. Kirby, we have a team of experienced attorneys that have the necessary skills and resources to help any type of client. We have built relationships with the opposing counsel in order to get our clients the best results. When it comes to criminal appeals, we have the resources needed to do this final step in a case to avoid penalties or jail time. This appeal will come after a trial, a plea or sentencing. They are handled by the court of appeals, different than that of a trial court. We can help you determine where your appeal should be filed and do so for you.
There are many reasons you may want to consider an appeal. Perhaps you feel that the judge made the wrong decision or maybe you think the sentence you got wasn’t justified. Whatever the case, you need to hire an experienced lawyer to represent you and to guide you throughout the process. Many people use appeals because they disagree with a fact that was in a trial. During an appeal, you can prove evidence to debunk this fact, which can overturn a case entirely. An appeal may also occur if you took a plea and a judge went outside of the plea agreement. This may mean you have a harsh penalty that you didn’t agree to. This type of issue can be appealed.
Before you can appeal, you must receive the final order/decision. This will come from a verdict usually. After that, you must file a notice of appeal. This can be verbally requested to your attorney. The notice is filed with the court. A brief is included that contains all the specific facts that apply to your argument and the case law that may support this position. Winning an appeal isn’t easy, so taking extra care to provide a great appeal is necessary. Our legal team can help you do just that. We have years of experience helping our legal clients to draft a professional appeal that gets them the results that they deserve.
If you wish to learn more about criminal appeals, call to schedule a free consultation with an experienced California defense lawyer today. At The Law Offices of John D. Kirby, we have over forty years of combined legal experience and can build the best defense for your case today. We serve San Diego, La Jolla, Coronado, Carlsbad, La Mesa, Del Mar, San Marcos, Solana Beach and surrounding San Diego County communities. Call us today at 619-557-0100 to schedule your legal consultation.
If you or a loved one have been accused of child pornography, you will need experienced legal counsel by your side. Being convicted of a crime like this can lead to serious jail sentences and large fines. Even if California doesn’t have a mandatory minimum sentence, federal sentencing guidelines can be harsh. When you even think that you’re a part of an investigation, you should hire a lawyer to represent you every step of the way.
Possession of child pornography is when someone knowingly possesses any type of image that contains child pornography. If this can be proven, then someone is found guilty of possession of child pornography. A child pornography defense from The Law Offices of John D. Kirby can learn more about your case and help build strong defense that will help rebut these claims and get our clients reduced or dismissed charges.
We can argue that you didn’t know what was on your computer. They must prove that you knew the images were on your computer and also were child pornography. Meaning that if you clicked on a link in an email and there was no context, than you were unaware of what was actually being sent in the email, so you’re not guilty. The defense must also prove that the images are indeed child pornography. Our legal team can diligently debate these issues and get you dismissed from these false charges.
If you've been charged with child pornography, call to schedule a free consultation with an experienced defense lawyer today. This type of charge can affect your life forever. Our experienced legal team at The Law Offices of John D. Kirby have over forty years of combined legal experience and can build the best defense for your case today. We serve San Diego, La Jolla, Coronado, Carlsbad, La Mesa, Del Mar, San Marcos, Solana Beach and surrounding San Diego County communities. Call us at 619-557-0100 to schedule your legal consultation.
When it comes to criminal law, a cartel is an organization of people who are usually involved in one or more types of illegal activity. Due to the complexities and the ranks involved in this type of crime organization, prosecution of the guilty parties may be a difficult matter. One of the leaders of the cartel may order a number of crimes to be committed by another member of the group, and this may be done under duress. Which makes it difficult for law enforcement officials to prosecute the party who is truly guilty, or sometimes, to even find out who it really is. All too often, law enforcement may end up accusing the wrong party during an investigation, hurting the reputations and jeopardizing the freedom of the innocent. If you've been accused of criminal activity involving a cartel, a California cartel prosecutions expert defense lawyer can make a real difference in preserving your freedom.
Organized crime cartels are notorious for being dangerous and difficult to prosecute. The members of these cartels work together to protect one another and are under great pressure to keep the organization's secrets. Cartels often promote fear in all their members to keep cartel activities quiet. In this type of culture, it is often possible for cartels to commit a huge variety of crimes, like the extensive trafficking and sale of controlled substances, human trafficking and prostitution, or even terrorist activities. Bribery, assault, embezzlement, money laundering and even murder are not uncommon in crime cartels. Cartels also often have certain individuals within the organization that specialize in carrying out specific criminal activities, like illegal gambling or recruiting prostitutes from among young homeless girls.
Charging and prosecution of organized crime rings and cartels is so challenging, a number of federal laws have been passed in order to make it easier and also to make it less profitable and more dangerous to belong to a cartel. The Racketeer Influenced and Corrupt Organizations Act of 1970, or RICO, is one such law. RICO allows the leaders of organized crime organizations to be prosecuted for the acts that they force members to commit. This is important because, in the past, many such leaders were not prosecuted since they weren't directly involved in carrying out the illegal act. RICO has been used to prosecute members of the Mafia, the Latin Kings, and other similar organizations. Penalties for crimes prosecuted under RICO are very severe, often much more severe than if the crimes were charged and sentenced under conventional law.
If you've been accused of a cartel or organized crime related charge, call to schedule a free consultation with a cartel prosecutions defense lawyer today. The professional legal experts at the law offices of John D. Kirby understand the seriousness of a RICO charge and will thoroughly investigate your case to build the most effective possible defense. We're familiar with the government organizations that prosecute organized crime and we will work hard to get you the best outcome. We serve San Diego, La Jolla, Coronado, Carlsbad, La Mesa, Del Mar, San Marcos, Solana Beach and surrounding San Diego County communities. Call us at 619-557-0100 and let us guide you through this challenging legal journey.
In California, there are two broad drug crime categories: simple possession and possession with the intent to sell. Both possession and possession with intent to sell of illegal drugs such as heroin, cocaine, and prescription drugs not obtained with a proper prescription are against the law. The norms around sentencing for drug crimes in California are constantly evolving, so it is best to hire an experienced San Diego drug crime attorney if you have been convicted of a drug crime.
John Kirby Law is a team of experienced defense attorneys specializing in areas like drug crime and white collar crime. If you or a loved one has been accused of a drug crime in California, we will work with you to reduce sentencing as much as possible. Here is an overview of sentencing for drug crimes in California. (more…)
When you’re going to court after having been charged with a crime, it is very rare that your fate is set in stone. From helping you get plea deals to reduce your sentences as much as possible, a qualified defense lawyer is somebody who will be at your side throughout the duration of your hearing.
If you’ve been convicted of a crime and need defense, contact the office of John Kirby Law. John D. Kirby is an experienced defense attorney specializing in areas ranging from drug crimes to white collar crime. Here are ways in which he can minimize your sentencing when you’ve been convicted of a crime. (more…)
If you or somebody you know has been charged with a felony, there are a few crucial things that you should not say to law enforcement. It is important to remember that your lawyer’s role is to help you out if you are suspected of trouble with the law and that the prosecution can file charges against innocent suspects in the hope of obtaining a conviction.
Unfortunately, the justice system is not perfect, and innocent people do go to prison. If you have been charged with a felony, read these tips from the law offices of John Kirby Law before you talk to anybody who is not your criminal defense lawyer. (more…)
Mortgage fraud is a type of white collar crime that targets mortgage lenders and other financial institutions. Despite improvements in technology designed to combat the traditional methods of mortgage fraud, fraudsters learn quickly and are coming up with new ways to get around the improvements that the mortgage industry makes. Mortgage fraud is defined by the FBI as “some type of material misstatement, misrepresentation, or omission in relation to a mortgage loan which is then relied upon by a lender.” (more…)
White collar crimes are more rampant than many of us realize. As crimes that are typically financially motivated, such as fraud, embezzlement, and insider trading, white collar crimes cost the United States hundreds of billions of dollars each year.
Most white-collar crimes don’t make national headlines, but when one does, it captures our attention. Here are four of the most famous white-collar crimes that have occurred in modern history. (more…)
Corporate crimes, often referred to as white collar crimes, are criminal acts that almost always stem from financial motivation and, for the most part, are non-violent. There is a certain perception that surrounds corporate crimes, primarily that they have little impact on the community as a whole and as a result, aren’t viewed as being as serious as other types of crimes. (more…)
Tax season is the least favorite time of year for many people. Not only is there the task of reconciling an entire year’s worth of personal or business finances, there’s also the issue that paying tax liabilities can cause a financial strain. Many people do everything they can to reduce their tax liability. However, some of these attempts may be considered illegal and a person can easily find themselves on the bad side of the IRS. (more…)
Attorney John D. Kirby was a former Federal Prosecutor for 10 Years before establishing his own criminal defense practice in San Diego, California.
