Do You Need a Criminal Defense Attorney?

If you are facing serious criminal penalties or time in prison, then you will want to have the very best criminal defense attorney representing you. 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.

There is no such thing as contacting a criminal defense lawyer too early. If you are under investigation, even if you are merely under investigation as a witness and not a target, having an experienced lawyer on your side can protect you from serious repercussions.

Whether you are headed towards having to pay a large criminal penalty or spend time in prison, you will want to hire the best possible criminal defense lawyer, unless your income makes you eligible to obtain the services of a court-appointed attorney. Simply put, the legal system is complex and you are better off having a good lawyer rather than representing yourself during a criminal trial.

Since every criminal case is unique, criminal defense attorneys have been trained to identify the special elements of every case that makes them unique from all others. Also, the best criminal defense attorney for you might be able to identify certain factors and arguments that might negate or mitigate a potential crime. Ultimately, it is a necessity to have a good lawyer represent you during your criminal trial.

Why John Kirby, Criminal Defense Attorney in San Diego?

The Law Offices of John D. Kirby offers comprehensive criminal defense representation.  Regardless of what you have been accused of, you can benefit from the extensive experience offered by defense attorney John D. Kirby.

John D. Kirby Criminal Defense Attorney in San Diego

Former US Federal Prosecutor

As a former US Federal Prosecutor, John Kirby’s insight into the role of the federal criminal prosecutor means that he understands the tactics of prosecutors.  We are better able to mount a strong counter defense.

We frequently defend against all misdemeanors and felonies, including state crimes and federal crimes.  More specifically, we frequently defend against:

  • White collar crimes
  • S. Securities and Exchange Commission (SEC) Investigations
  • S. Food and Drug Administration (FDA) defense
  • IRS tax fraud
  • drug crimes and prescription fraud
  • theft crimes and embezzlement
  • assault and violent crimes

We strongly believe in the importance of allowing our clients to work personally with their attorney. When you choose our law firm, you will work directly with John D. Kirby, a criminal defense attorney with more than 25 years of experience.

We also 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.

Get Professional Assistance From An Expert Criminal Defense Attorney

As you can see, not only can a good criminal defense lawyer make your job a lot easier, it also can improve the chances of you getting a more favorable plea bargain or winning your case.  Get the process started today and speak with a reputable and experienced criminal defense lawyer – call the Law Offices of John D. Kirby.

How A Top Criminal Defense Attorney Can Help You

There are many jobs that a criminal defense attorney is responsible for. In addition to calling witnesses as part of your defense, and cross-examining witnesses that have been put forth by the prosecution, your criminal defense lawyer should also do the following.

  • The Criminal Defense Lawyer:

    The best criminal defense lawyer will:

    Navigate your case throughout the legal system of the state where your case is being tried. In addition to all of the written rules, like the court’s local rules, that need to be followed and obeyed, there are also often numerous “unwritten rules” that each jurisdiction has. For example, if there are only certain prosecutors that can make plea bargains and approve them, then your criminal defense attorney might save you time and perhaps jail time as well by speaking to the right individual to begin with.

  • The Criminal Defense Attorney:

    The best criminal defense attorney will:

    Point out the most important legal regulations and rules that you most likely wouldn’t be able to find by yourself. Many laws and rules regarding criminal prosecutions, and even previous court opinions, tend to be buried within the laws and regulations. For example, if you tried to represent yourself, you might not know whether the search that was made of your apartment by the police was lawful or not unless you understood the many intricacies and nuances surrounding the United States Constitution’s 4th Amendment.

  • A top Criminal Defense Attorney:

    A top criminal defense attorney will:

    Work with the prosecutor and you to get a deal negotiated. Those deals, which are called “plea bargains,” often will eliminate all or some of the charges that have been brought against you or reduce your potential sentence. However, often prosecutors are unwilling to negotiate with any defendants who are representing themselves.

  • Criminal Defense Attorneys:

    The best criminal defense attorneys will:

    Have the ability to more easily collect evidence as well as statements from witnesses who the prosecutor will be calling. Understandably, many witnesses refuse to provide any information or statements, for fear of their safety, to individuals who allegedly were involved in a crime. However, those witness are frequently a lot more willing to speak to a lawyer about their future testimony.

  • A good Criminal Attorney:

    A really good criminal attorney will:

    Locate and hire investigators who are able to investigate the alleged crime and also the witnesses that will be called to the stand by the prosecution.  If the investigators are able to find evidence that can make the testimony of the witnesses less believable, that can greatly help your case.

  • Your Criminal Defense Attorney:

    The best criminal defense attorney will:

    Find expert witnesses to hire that might be able to present evidence that can have a tendency to show you are innocent or rebut evidence that is presented by the prosecution that can make the prosecution’s case appear to be less credible.

  • A top Defense Attorney:

    A good criminal defense attorney will:

    Determine a good sentencing program for your specific situation.  If you are found guilty, it might be possible for your criminal defense lawyer to get your sentence worked in such a way that it will prevent you from ending up back in the criminal justice system once again. For example, instead of getting a 10 month prison sentence, your criminal defense lawyer might suggest you go to prison for just 6 months and then remaining 4 months be spent in a drug treatment facility so that you get help for your drug problem that got you into trouble to begin with.

  • Good Defense Attorneys:

    The best defense attorneys will:

    Explain the “hidden costs” that often are associated with pleading guilty. Most people who try to represent themselves do not think about the consequences that go along with pleading guilty if it might result in a shorter sentence for them. For example, pleading guilty might make it very difficult for you to find a job after your punishment has been completed.

  • A Criminal Defense Attorney:

    A top criminal defense attorney will:

    Offer you a reality check. Often defense attorneys know what is happening during your criminal trial a lot better than you. A defense lawyer has the advantage of being able to remain objective throughout a legal proceeding and be able to provide insights into how your trial actually is going and what most likely will occur in the near future.  Those reality checks and assessments are often critical whenever a criminal defendant is attempting to decide whether to accept a plea bargain from the prosecutor or not.

  • The Criminal Defense Attorney:

    A good criminal defense lawyer will:

    Help you deal with all of the emotions that criminal trials are associated with. Quite often defendants involved in a criminal prosecution suffer from very low self-esteem and feel fearful, depressed, and embarrassed.

  • Criminal Defense Attorneys:

    A criminal defense attorney will:

    Have the ability to spend more effort and time on a case compared to a defendant who chooses to represent himself (it is the lawyer’s job, after all to represent you!).

top drug crime lawyer criminal defense attorney John D. Kirby

Why Hire a Criminal Defense Attorney?

Many criminal defendants seeking to represent themselves do not realize that reading books that detail defenses, punishments, and crimes probably won’t help them win their case. There are huge differences between reading books on the law and going to court and practicing law, as any experienced attorney will tell you.

     — Find a Criminal Lawyer Near Me —

Having a good understanding of the ebbs and flows, subtleties, and currents of a criminal trial can mean the difference between losing and winning your case.  A prime example of the ebbs and flows of a criminal case is something called “prosecutorial discretion.” The basic decision of what a criminal defendant should be charged with can make a big difference in the way a case ends up being handled.  For example, on paper something might look like a simple crime but realistically could be cast as a simple misdemeanor or multiple court indictment.

Another thing that can have a major impact on your case is which prosecutor ends up being charged with making that decision.  Criminal defense attorneys are highly skilled at knowing how to negotiate with prosecutors in order to determine what counts will be charged.