Federal Criminal Defense — What's at Stake
Federal criminal charges carry severe penalties, mandatory minimum sentences, and a conviction rate that exceeds 90%. The United States Attorney's Office has the full resources of the federal government behind every prosecution. When you are charged in federal court, you are facing the most formidable opponent in the American legal system.
John D. Kirby is a former Assistant U.S. Attorney who prosecuted federal cases before dedicating his practice to defense. He knows how the government builds its cases — and where those cases are weakest.
Federal Crimes We Defend
- Drug trafficking and conspiracy (21 U.S.C. §§ 841, 846) — Federal drug charges carry mandatory minimums of 5, 10, or 20 years depending on drug type and quantity. The government often charges conspiracy, which requires no drugs to be seized — only an agreement between two or more people.
- Firearms offenses (18 U.S.C. §§ 922(g), 924(c)) — Felon-in-possession, straw purchases, and § 924(c) charges that carry mandatory consecutive sentences of 5, 7, 10, or 30 years stacked on top of the underlying sentence.
- Immigration offenses (8 U.S.C. § 1326) — Illegal re-entry after deportation is the most-charged federal crime in the District of Arizona. Collateral attacks on the underlying deportation order can be a viable defense.
- Violent crime on federal property — Assault, robbery, and homicide occurring on federal land, military bases, Indian reservations, or federal buildings.
- Federal conspiracy (18 U.S.C. § 371) — The government's favorite charge. A conspiracy requires only an agreement and an overt act — it does not require the crime to be completed.
How a Former Federal Prosecutor Approaches Your Defense
John Kirby has seen federal cases from both sides. As a prosecutor, he knew which cases were strong and which were vulnerable. As a defense attorney, he applies that same analysis to every case:
- Can the government prove its case? — Evaluating the evidence, the witnesses, the chain of custody, the search warrant, the confession. Every federal investigation has weaknesses.
- Can the evidence be suppressed? — Fourth Amendment violations, Miranda violations, warrant defects. A successful suppression motion can gut the government's case.
- What is the true Sentencing Guideline range? — The government's loss calculation and guideline calculation are often inflated. Challenging them can reduce the advisory range by years.
- What is the trial strategy? — If the case goes to trial, John Kirby has tried federal cases. He knows how to cross-examine federal agents, challenge expert testimony, and present a defense that creates reasonable doubt.
The Federal Criminal Process in Arizona
Understanding the process reduces the fear of the unknown:
- Investigation — Federal agents investigate. You may not know you are a target until you receive a target letter or the agents show up at your door. Call counsel immediately.
- Indictment or Complaint — Formal charges are filed. An arrest warrant may issue, or you may receive a summons to appear.
- Initial Appearance — Within 48 hours of arrest (or as directed by summons), you appear before a magistrate judge. Bail and conditions of release are set.
- Detention Hearing — Within 3-5 days, the court determines whether you will be detained pending trial. Experienced counsel is essential at this stage.
- Preliminary Hearing / Grand Jury — The government must establish probable cause.
- Arraignment — You enter a plea of not guilty. The Court sets a trial schedule.
- Discovery and Motions — The government must disclose its evidence. Defense counsel files motions to suppress, compel discovery, or dismiss.
- Change of Plea or Trial — The vast majority of federal cases resolve by plea. But when the government overreaches, trial is the answer.
- Sentencing — If convicted or after a plea, the Court imposes sentence based on the advisory Guidelines and the factors in 18 U.S.C. § 3553(a).
- Appeal — Notice of appeal must be filed within 14 days of judgment.