Law Office Of CHRISTOPHER LEIBIG Criminal Defense

Criminal Trials & Negotiations

During twenty-five years as a defense attorney, Chris has handled more than a hundred felony trials (meaning cases where the accused pled not guilty and went to trial) in state and federal courts in Virginia and Washington, DC.He has also handled hundreds of serious felony cases that were resolved by agreement without a trial. Which path to take in a serious criminal case can only be decided after a cautious assessment of the facts and circumstances of that case. It is the philosophy of the firm that neither decision, whether to go to trial or to attempt to resolve a matter through negotiation, can be made quickly or easily.

Most often, an attorney must prepare and strategize for both possibilities from the very beginning of a case. During a free consultation with a potential client, and throughout representation, the firm will always talk through various strategies and the progress of the case on a regular basis, and at times convenient for the client.

From Chris' interview on ReelLawyers.com

One of the main things, I would say, is feeling comfortable with yourself. You have to be yourself. There are all kinds of different styles, and you can see people in court every day getting caught by surprise when someone they didn’t expect comes in and just knocks it out of the park.

At the end of the day in court, what matters is the result, not how the lawyer comes across. The main thing I focus on is being confident, being prepared, and being myself. Try to get to a place where you're not too nervous, where you can roll with the punches and handle the ups and downs of a hearing, a trial, or even the trajectory of an entire case.

Don't try to fake it—that’s probably the biggest thing.

From Chris' interview on ReelLawyers.com

Everybody has a different outlook on this, but the way I see it, when someone chooses to hire a lawyer, they’re choosing someone to be the leader in their situation. When you do that, you have to make decisions that consider the whole picture.

For example, someone might think they would never enter a plea in a case, and that might be the right choice. You should never push someone too hard in that direction. However, part of the job—not only under the Constitution but also ethically—is to be a good leader and explore every possible option so they have a full understanding of all the angles.

It’s very important never to be afraid to go to trial and never to shy away from the work that entails, because that’s what we do, and we enjoy it. However, if someone is firmly set on fighting no matter what, they might be making that decision for all kinds of reasons—worrying about what others think, not wanting to appear to back down, or struggling to admit something difficult. But that decision might not be the right one. The only thing that truly matters is their life and the bigger picture. That’s why you have to explore every option with your client to ensure they’re making the best choice.

You see it all the time. People go to trial, and at some point, you realize—whether in someone else’s case or your own—that they don’t really want to. They recognize the penalty will be much higher if they lose, they understand the odds, and ultimately, they should approach it more like a business decision. When the government charges you with a crime, it’s like a disease—you can’t fight it with emotion. You have to make the right choices to get rid of it.

Sometimes, the right choice is to fight. Other times, it’s not. When should someone take a plea? If the evidence is overwhelming and the penalty for going to trial is substantially higher, then they should probably take a plea. But usually, it’s not that simple—it’s somewhere in the middle, and you have to navigate through it.

One thing I firmly believe is that as a lawyer, you have to take the lead in presenting these decision points. The client ultimately decides, but you can’t let their stress or competing interests dictate the trajectory. Your job is to do the work, lay out the choices, and help them make the right one.