{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-258.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-258.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-258.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-258.html"}],"law_id":67559,"edition_id":1,"section_id":67559,"structure_id":12804,"section_number":"19.2-258","catch_line":"Trial of misdemeanors by court without jury; failure to appear deemed waiver of jury","history":"Code 1950, \u00a7 19.1-193; 1960, c. 366; 1975, c. 495.","full_text":"In all cases of a misdemeanor upon a plea of guilty, tendered in person by the accused or his counsel, the court shall hear and determine the case without the intervention of a jury. If the accused plead not guilty, in person or by his counsel, the court, in its discretion, with the concurrence of the accused and the attorney for the Commonwealth, may hear and determine the case without the intervention of a jury. In each instance the court shall have and exercise all the powers and duties vested in juries by any statute relating to crimes and punishments.\n\t\tWhen a person charged with a misdemeanor has been admitted to bail or released upon his own recognizance for his appearance before a court of record having jurisdiction of the case, for a hearing thereon and fails to appear in accordance with the condition of his bail or recognizance, he shall be deemed to have waived trial by a jury and the case may be heard in his absence as upon a plea of not guilty.","order_by":null,"text":{"0":{"id":244786,"text":"In all cases of a misdemeanor upon a plea of guilty, tendered in person by the accused or his counsel, the court shall hear and determine the case without the intervention of a jury. If the accused plead not guilty, in person or by his counsel, the court, in its discretion, with the concurrence of the accused and the attorney for the Commonwealth, may hear and determine the case without the intervention of a jury. In each instance the court shall have and exercise all the powers and duties vested in juries by any statute relating to crimes and punishments.\n\t\tWhen a person charged with a misdemeanor has been admitted to bail or released upon his own recognizance for his appearance before a court of record having jurisdiction of the case, for a hearing thereon and fails to appear in accordance with the condition of his bail or recognizance, he shall be deemed to have waived trial by a jury and the case may be heard in his absence as upon a plea of not guilty.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":12804,"edition_id":1,"name":"Arraignment; Pleas; Trial Without Jury","identifier":"3","label":"article","depth":3,"order_by":1,"parent_id":12803,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":169061,"object_type":"structure","relational_id":12804,"identifier":"3","token":"19.2\/15\/3","url":"\/19.2\/15\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12803,"edition_id":1,"name":"Trial and Its Incidents","identifier":"15","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168975,"object_type":"structure","relational_id":12803,"identifier":"15","token":"19.2\/15","url":"\/19.2\/15\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":79103,"structure_id":12804,"section_number":"19.2-254","catch_line":"Arraignment; pleas; when court may refuse to accept plea; rejection of plea agreement; recusal","url":"\/19.2-254\/","token":"19.2\/15\/3\/19.2-254","metadata":false},{"id":75133,"structure_id":12804,"section_number":"19.2-254.1","catch_line":"Procedure in traffic infraction cases","url":"\/19.2-254.1\/","token":"19.2\/15\/3\/19.2-254.1","metadata":false},{"id":53970,"structure_id":12804,"section_number":"19.2-254.2","catch_line":"Procedure in nontraffic offenses for which prepayment is authorized","url":"\/19.2-254.2\/","token":"19.2\/15\/3\/19.2-254.2","metadata":false},{"id":81531,"structure_id":12804,"section_number":"19.2-255","catch_line":"Defendant allowed to plead several matters of law or fact","url":"\/19.2-255\/","token":"19.2\/15\/3\/19.2-255","metadata":false},{"id":72119,"structure_id":12804,"section_number":"19.2-256","catch_line":"Approvers","url":"\/19.2-256\/","token":"19.2\/15\/3\/19.2-256","metadata":false},{"id":66074,"structure_id":12804,"section_number":"19.2-257","catch_line":"Trial without jury in felony cases","url":"\/19.2-257\/","token":"19.2\/15\/3\/19.2-257","metadata":false},{"id":67559,"structure_id":12804,"section_number":"19.2-258","catch_line":"Trial of misdemeanors by court without jury; failure to appear deemed waiver of jury","url":"\/19.2-258\/","token":"19.2\/15\/3\/19.2-258","metadata":false},{"id":62674,"structure_id":12804,"section_number":"19.2-258.1","catch_line":"Trial of traffic infractions; measure of proof; failure to appear","url":"\/19.2-258.1\/","token":"19.2\/15\/3\/19.2-258.1","metadata":false},{"id":81110,"structure_id":12804,"section_number":"19.2-259","catch_line":"On trial for felony, accused to be present; when court may enter plea for him, and trial go on","url":"\/19.2-259\/","token":"19.2\/15\/3\/19.2-259","metadata":false}],"previous_section":{"id":66074,"structure_id":12804,"section_number":"19.2-257","catch_line":"Trial without jury in felony cases","url":"\/19.2-257\/","token":"19.2\/15\/3\/19.2-257","metadata":false},"next_section":{"id":62674,"structure_id":12804,"section_number":"19.2-258.1","catch_line":"Trial of traffic infractions; measure of proof; failure to appear","url":"\/19.2-258.1\/","token":"19.2\/15\/3\/19.2-258.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-258\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1960, chapter 366; in 1975, chapter 495.<\/p>","references":false,"refers_to":false,"permalink":{"id":169087,"object_type":"law","relational_id":67559,"identifier":"19.2-258","token":"19.2\/15\/3\/19.2-258","url":"\/19.2-258\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-258\/","token":"19.2\/15\/3\/19.2-258","dublin_core":{"Title":"Trial of misdemeanors by court without jury; failure to appear deemed waiver of jury","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-258","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

In all cases of a misdemeanor<\/span> upon a plea<\/span> of guilty, tendered in person by the accused<\/span> or his counsel<\/span>, the court<\/span> shall hear and determine the case without the intervention of a jury<\/span>. If the accused<\/span> plead not guilty, in person or by his counsel<\/span>, the court<\/span>, in its discretion, with the concurrence of the accused<\/span> and the attorney for the Commonwealth, may hear and determine the case without the intervention of a jury<\/span>. In each instance the court<\/span> shall have and exercise all the powers and duties vested in juries by any statute<\/span> relating to crimes<\/span> and punishments.\n\t\tWhen a person charged with a misdemeanor<\/span> has been admitted to bail<\/span> or released upon his own recognizance<\/span> for his appearance<\/span> before a court<\/span> of record having jurisdiction<\/span> of the case, for a hearing<\/span> thereon and fails to appear in accordance with the condition of his bail<\/span> or recognizance<\/span>, he shall be deemed to have waived trial<\/span> by a jury<\/span> and the case may be heard in his absence as upon a plea<\/span> of not guilty.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nTRIAL OF MISDEMEANORS BY COURT WITHOUT JURY; FAILURE TO APPEAR DEEMED WAIVER OF\nJURY (\u00a7 19.2-258)\n\nIn all cases of a misdemeanor upon a plea of guilty, tendered in person by the\naccused or his counsel, the court shall hear and determine the case without the\nintervention of a jury. If the accused plead not guilty, in person or by his\ncounsel, the court, in its discretion, with the concurrence of the accused and\nthe attorney for the Commonwealth, may hear and determine the case without the\nintervention of a jury. In each instance the court shall have and exercise all\nthe powers and duties vested in juries by any statute relating to crimes and\npunishments.\n\t\tWhen a person charged with a misdemeanor has been admitted to bail or released\nupon his own recognizance for his appearance before a court of record having\njurisdiction of the case, for a hearing thereon and fails to appear in\naccordance with the condition of his bail or recognizance, he shall be deemed to\nhave waived trial by a jury and the case may be heard in his absence as upon a\nplea of not guilty.\n\nHISTORY: Code 1950, \u00a7 19.1-193; 1960, c. 366; 1975, c. 495.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}