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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>67559</law_id><section_number>19.2-258</section_number><catch_line>Trial of misdemeanors by court without jury; failure to appear deemed waiver of jury</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><structure><unit label="title" level="1" order_by="1" identifier="19.2">Criminal Procedure</unit><unit label="chapter" level="2" order_by="1" identifier="15">Trial and Its Incidents</unit><unit label="article" level="3" order_by="1" identifier="3">Arraignment; Pleas; Trial Without Jury</unit></structure><text>
						<section><p>In all cases of a <span class="dictionary">misdemeanor</span> upon a <span class="dictionary">plea</span> of guilty, tendered in person by the <span class="dictionary">accused</span> or his <span class="dictionary">counsel</span>, the <span class="dictionary">court</span> shall hear and determine the case without the intervention of a <span class="dictionary">jury</span>. If the <span class="dictionary">accused</span> plead not guilty, in person or by his <span class="dictionary">counsel</span>, the <span class="dictionary">court</span>, in its discretion, with the concurrence of the <span class="dictionary">accused</span> and the attorney for the Commonwealth, may hear and determine the case without the intervention of a <span class="dictionary">jury</span>. In each instance the <span class="dictionary">court</span> shall have and exercise all the powers and duties vested in juries by any <span class="dictionary">statute</span> relating to <span class="dictionary">crimes</span> and punishments.
		When a person charged with a <span class="dictionary">misdemeanor</span> has been admitted to <span class="dictionary">bail</span> or released upon his own <span class="dictionary">recognizance</span> for his <span class="dictionary">appearance</span> before a <span class="dictionary">court</span> of record having <span class="dictionary">jurisdiction</span> of the case, for a <span class="dictionary">hearing</span> thereon and fails to appear in accordance with the condition of his <span class="dictionary">bail</span> or <span class="dictionary">recognizance</span>, he shall be deemed to have waived <span class="dictionary">trial</span> by a <span class="dictionary">jury</span> and the case may be heard in his absence as upon a <span class="dictionary">plea</span> of not guilty.</p></section></text><history>Code 1950, &#xA7; 19.1-193; 1960, c. 366; 1975, c. 495.</history><metadata></metadata></law>
