Frequently Asked Questions
Every case is different. These answers provide a starting point. Call (619) 557-0100 for a confidential consultation about your specific situation.
What should I do if I am under investigation for federal criminal defense?
Do not speak with investigators without an attorney present. Exercise your right to remain silent and call a federal defense lawyer immediately. Early representation can make the difference between a dismissed investigation and a federal indictment.
How can a defense attorney help before charges are filed?
A skilled attorney can engage with prosecutors pre-indictment, present exculpatory evidence, challenge search warrants, and in many cases persuade the government to decline prosecution or reduce charges to a civil resolution.
What are the penalties for federal federal criminal defense?
Penalties vary by statute but can include 10-20 years in federal prison per count, fines up to $250,000 or twice the alleged loss, mandatory exclusion from federal healthcare programs, and forfeiture of assets tied to the alleged fraud.
Why choose John D. Kirby for federal criminal defense?
As a former federal prosecutor, John Kirby understands both sides of the courtroom. He has tried cases, negotiated with U.S. Attorneys, and knows which arguments persuade federal judges. That inside perspective gives every client a strategic advantage from day one.
What is the difference between a billing error and federal criminal defense?
A billing error is an unintentional mistake — a wrong code, a duplicate claim, a documentation gap. Healthcare fraud requires proof of intent: that you knowingly submitted a false claim to obtain payment you were not entitled to receive. The distinction is everything.
Will I lose my medical license if charged with federal criminal defense?
Not automatically. A federal charge does not mean automatic license revocation. However, a conviction will almost certainly trigger license review by your state medical board. This is one reason early defense is critical — preventing a conviction protects both your freedom and your ability to practice.
How long do federal federal criminal defense investigations last?
Federal federal criminal defense investigations typically last 12 to 24 months, sometimes longer. During this period, investigators review billing records, interview staff and patients, and may execute search warrants. Having counsel involved from the earliest sign of an investigation can dramatically affect the outcome.
Can federal criminal defense cases be resolved without trial?
Yes. Many federal federal criminal defense cases resolve through pre-indictment negotiation, deferred prosecution agreements, or civil settlements under the False Claims Act. The key is having an attorney who knows when to negotiate and when to prepare for trial.