Practice Area

Federal Criminal Defense

From the moment federal agents make contact through indictment, trial, and sentencing — every decision matters. John D. Kirby spent a decade as a federal prosecutor in the Southern District of California. He knows how the government builds its cases, and he knows how to defend against them.

Federal courthouse — Southern District of California

The Pre-Indictment Phase

Before charges are filed

The most critical window in any federal criminal case is the period before an indictment is returned. Once charges are filed, the government's leverage increases dramatically. Early intervention by experienced defense counsel can:

  • Prevent charges from being filed altogether
  • Shape the scope of the indictment if charges are inevitable
  • Negotiate a pretrial resolution on favorable terms
  • Control the narrative before the government locks in its theory of the case

John Kirby has handled federal grand jury investigations from both sides of the table. He understands how prosecutors present evidence, how witnesses are prepared, and where the weaknesses in the government's case are most likely to exist.

Trial & Sentencing

In the courtroom

Federal trials are fundamentally different from state court proceedings. The discovery rules, the Federal Rules of Evidence, the sentencing framework — all operate under a distinct set of procedures that require specific federal experience.

With 25+ years in federal courtrooms, John Kirby handles every phase:

  • Pretrial motions — suppression, severance, discovery challenges, Brady/Giglio motions
  • Jury selection — federal voir dire strategy and cause challenges
  • Trial — cross-examination of federal agents, expert witnesses, and cooperating witnesses
  • Sentencing — PSR objections, downward departures, variances under 18 USC 3553(a)

Work directly with a former federal prosecutor.

No associates. No junior partners. You get John D. Kirby on your case from day one.

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