Alexandria, VA criminal defense attorney Chris Leibig talks about a memorable criminal appeal he handled. He recalls many notable cases, but highlights one he argued recently in federal court in Alexandria. The case involved the right to a jury trial in what is classified as a “petty offense” under federal law. While the Sixth Amendment guarantees the right to a jury trial in all criminal prosecutions, he explains that this right does not extend to federal misdemeanors carrying a maximum sentence of six months. An example of such a case would be certain offenses committed in national parks.

He first challenged this limitation in 2009 before the Fourth Circuit, and he continues to pursue the issue, having argued a related case that same morning. He notes that while the case may ultimately be decided against him, the question is significant and likely requires resolution by the U.S. Supreme Court.

He emphasizes the practical implications: in federal court, defendants charged with certain misdemeanors—such as DUI—do not have a guaranteed right to a jury trial, which can complicate negotiations and affect client outcomes. He has maintained a long-standing interest in this legal issue and anticipates arguing another case on the matter in the Fourth Circuit later this year.