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…)
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…)
The term “white collar crime” often gets tossed around the media, yet many people aren't clear on what white collar crimes are and who is affected by them. There’s a general understanding that money is typically involved, but that’s about the extent of the average person’s understanding. (more…)
Qualifying for a loan today isn’t as easy as it once was. A combination of higher interest rates and increasing demands for various types of loans means that lenders have the luxury of being more discriminating in who they choose to lend to. When you’re looking for a loan, you also want the best interest rate and repayment terms. If your financial health isn’t in tip-top shape, it can be tempting to bend the truth a little to sway the odds in your favor. (more…)
Embezzlement occurs every day throughout every type of industry. Once a crime that was built primarily around greed, acts of embezzlement often occur due to workplace pressure, bribery, and sometimes out of desperate need. The reason embezzlement occurs doesn’t change the fact that it’s considered a serious crime, with consequences that significantly affect your reputation and life. (more…)
When hearing the phrase “insurance fraud”, most of us assume that the perpetrator is an individual who tried bilking an insurance company out of thousands of dollars via a fraudulent life insurance, automobile accident, or personal injury claim. However, there are situations in which the tables are turned and it’s the individual who sues the insurance company. Here are some examples, courtesy of John Kirby Law in San Diego. (more…)
“When is time to hire a defense attorney?” is a question many of our clients have no doubt asked themselves prior to contacting us for services. This question isn’t always easy to answer, which is why John Kirby Law in San Diego has created the following summary, broken down into two categories: “When you should hire a defense attorney”, and “When you might not need a defense attorney”.
We’ll start with the easiest one first. If jail is even a remote possibility, you need a defense attorney. Even though there’s a very diverse range of crimes for which jail is an option (from tax fraud to vehicular homicide), a defense attorney is essential.
If you’re facing a lawsuit that could cost you a good deal of money if you lose, you want a defense attorney by your side to turn the tide in your favor, or at worst mitigate the financial damages you might face.
If your case involves bodily injury, i.e. that which is caused through a car accident, someone getting hurt on your property, or someone being bitten by your dog, a defense attorney is strongly recommended. This is true even if you have automobile and/or homeowners insurance, and in circumstances where you or a relative has been injured and your claim appears strong.
This is another black-and-white situation. If your opponent has an attorney, you need to hire an attorney of your own. Otherwise, you’ll be at a significant disadvantage during trial.
You may have gone to law school. You might even have a law degree. Or, you might just be fascinated with the legal system. However, at the end of the day you need to accurately assess your own knowledge of the law and the system, how much time and money you want to spend educating yourself on subjects you’re unclear on, and how confident you are in conducting yourself within the decorum of the court, as well as clearly expressing yourself verbally and in writing. If you have doubts about any of these things, or you conclude that you simply can’t afford to lose the case, then you should contact our law offices serving San Diego and hire a defense attorney.
Before we dig into this topic, a caveat: whether you think you need a defense attorney or not, it’s always a wise idea to at least consult with a lawyer, share your thoughts, and increase your peace of mind.
This is a lesson most of us learned in our teens or twenties: if you get a low-level speeding ticket, parking ticket, or a citation for some other minor moving violation, you don’t need a lawyer in traffic court.
Depending on the nature of the dispute and the amount of money involved, small claims court could be an option for you. When you opt for small claims court, a defense attorney isn’t required.
This might be construed as an oxymoron, since many people will claim there’s no such thing as a “simple divorce”. However, if you and your ex-spouse can amicably agree on custody, money, etc., then you might not need a lawyer.
The Law Offices of John D. Kirby specialize in all manner of criminal defense matters. Whatever the nature of the charges against you, our team will design an innovative, well-constructed strategy that optimizes your chance of a satisfactory outcome. Contact us today for more information.
If the authorities have accused you of drug possession, there are certain things that you should NOT do/say under any circumstances. John Kirby Law, a respected defense attorney in San Diego, covers in detail the things to avoid when facing a drug possession accusation, and instead have a lawyer handle for you. (more…)
UNITED STATES vs C.S.
Client was detained at the Andrade Port of Entry in the Imperial County of California and found to be carrying over 50 grams of methamphetamine.
Charged with drug trafficking, and already carrying an outstanding warrant, client faced a mandatory minimum sentence of 10 years imprisonment.
John Kirby negotiated new terms until eventually obtaining a dismissal. Upon client’s completion of a one-year probationary period with positive programming, their entire case will be thrown out and client will have no felony on record.
United States vs. H.V.
Defendant, with prior criminal history, was convicted of trafficking narcotics accross the U.S. Mexico border and given 71 months by one of the toughest judges in the San Diego Federal District Court.
John Kirby submitted an appeal (an appeal is a request to a higher court to review and change the decision of a lower court) and successfully argued the case in the 9th Circuit, reducing the sentence by 30 months.
There is no such thing as a minor drug charge. While some cases may be more straightforward others, and not all convictions result in incarceration, all cases come with the potential of a criminal record that can end promising careers before they even begin.
In the most serious federal and state drug crime cases, the penalties that come with a conviction can be devastating. It is critical that, if you have been charged or if you are under investigation, you retain an experienced criminal defense lawyer as soon as possible to protect your rights.
Attorney John D. Kirby was a former Federal Prosecutor for 10 Years before establishing his own criminal defense practice in San Diego, California.
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