Virginia Jury Health
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That in criminal prosecutions a man hath a right to demand the cause and nature of his accusation, to be confronted with the accusers and witnesses, and to call for evidence in his favor, and he shall enjoy the right to a speedy and public trial, by an impartial jury of his vicinage, without whose unanimous consent he cannot be found guilty. He shall not be deprived of life or liberty, except by the law of the land or the judgment of his peers, nor be compelled in any criminal proceeding to give evidence against himself, nor be put twice in jeopardy for the same offense.
Laws may be enacted providing for the trial of offenses not felonious by a court not of record without a jury, preserving the right of the accused to an appeal to and a trial by jury in some court of record having original criminal jurisdiction. Laws may also provide for juries consisting of less than twelve, but not less than five, for the trial of offenses not felonious, and may classify such cases, and prescribe the number of jurors for each class.
In criminal cases, the accused may plead guilty. If the accused plead not guilty, he may, with his consent and the concurrence of the Commonwealth's attorney and of the court entered of record, be tried by a smaller number of jurors, or waive a jury. In case of such waiver or plea of guilty, the court shall try the case.
The provisions of this section shall be self-executing.
—Virginia Constitution Bill of Rights; Article 1, Section 8
Legal Resources
- Constitution: Virginia State Constitution
- Code/Statutes: Code of Virginia
- Legislature: Virginia General Assembly, Virginia's Legislative Information System
- Judiciary: Virginia Judicial System
- U.S. District Courts: Eastern District of Virginia, Western District of Virginia
- Rules of Criminal Procedure: Rules of Supreme Court of Virginia
- Rules of Civil Procedure: Rules of Supreme Court of Virginia
Virginia Jury News
The Virginia State Supreme Court has suspended the statutory time limits for what is considered a speedy trial, leaving individuals incarcerated pre-trial effectively in indefinite detention.
View more Virginia jury-related news.
COVID-19 Information
State Court Rules by Jury Type
Status as of 30 November 2020.
| Criminal Trial by Jury | |
| Civil Trial by Jury | |
| Grand Juries |
Additional information available from the Virginia Judiciary:
- Supreme Court of Virginia Orders of Judicial Emergency in Response to COVID-19 Emergency
- COVID-19 Appellate and Local Court Information
U.S. District Court for the Eastern District of Virginia Rules by Jury Type
Status as of 30 November 2020.
| Criminal Trial by Jury | |
| Civil Trial by Jury | |
| Grand Juries |
Additional information available from the U.S. District Court for the Eastern District of Virginia:
- Standing Orders
- News and Announcements
- COVID-19 Response - Information and Orders
U.S. District Court for the Eastern District of Virginia Rules by Jury Type
Status as of 30 November 2020.
| Criminal Trial by Jury | |
| Civil Trial by Jury | |
| Grand Juries |
Additional information available from the U.S. District Court for the Western District of Virginia:
- Standing Orders
- News and Announcements
- COVID-19 Response - Information and Orders
Speedy Trial
Time Limits
- to set a trial date:
- 30 days after the earlier of appearance of counsel or the first appearance of the defendant before the circuit court, per
- for speedy trial:
- 180 days after the earlier of appearance of counsel or the first appearance of the defendant before the circuit court, per
- Maryland Code, Criminal Procedure § 6-103
- Maryland Rules, Rule 4-271
- 180 days after the earlier of appearance of counsel or the first appearance of the defendant before the circuit court, per
COVID-19-Related Changes to Speedy Trial Rules
Status as of 14 November 2020.
- Deadlines for offering jury trials to defendants have been extended by judicial orders.
- Days that the judiciary decided that jury trials could not be offered to defendants due to the COVID-19 health emergency do not count against the time remaining for the start of a criminal jury trial.
- Deadlines for jury trials that where pending trial on March 12, 2020 or initiated after that date and resumed on October 5, 2020 were also suspended an additional 30 days from October 5, 2020 to November 4, 2020.
