2006 Code of Virginia § 19.2-258 - Trial of misdemeanors by court without jury; failure to appear deemed waiver of jury

19.2-258. Trial of misdemeanors by court without jury; failure to appeardeemed waiver of jury.

In all cases of a misdemeanor upon a plea of guilty, tendered in person bythe accused or his counsel, the court shall hear and determine the casewithout the intervention of a jury. If the accused plead not guilty, inperson or by his counsel, the court, in its discretion, with the concurrenceof the accused and the attorney for the Commonwealth, may hear and determinethe case without the intervention of a jury. In each instance the court shallhave and exercise all the powers and duties vested in juries by any statuterelating to crimes and punishments.

When a person charged with a misdemeanor has been admitted to bail orreleased upon his own recognizance for his appearance before a court ofrecord having jurisdiction of the case, for a hearing thereon and fails toappear in accordance with the condition of his bail or recognizance, he shallbe deemed to have waived trial by a jury and the case may be heard in hisabsence as upon a plea of not guilty.

(Code 1950, 19.1-193; 1960, c. 366; 1975, c. 495.)