Should You Demand A Jury Trial For Your Criminal Case In Virginia?
As a result of the legal doctrine of "incorporation"
, the Bill of Rights of the U.S. Constitution continues to be applied to the states. By this doctrine, the states' judiciaries are expected to respect the Rights guaranteed to us by the Constitution. One of these Rights, the Sixth Amendment, is the right to a jury trial for all criminal offenses in which the defendant is facing a sentence exceeding six months in jail.
According the U.S. Bureau of Justice Statistics, only about 5% of all criminal convictions occur by way of a trial; the remaining 95% are resolved by guilty pleas. Of that 5%, only 1% are determined by jury trials. Of the more than 1 million criminal trials annually nationwide, why have numerous Americans chosen to voluntarily forego one of the oldest and most cherished rights we have? To answer that question, we have to bear in mind several contributing factors, all of which have been applied to make our criminal justice system perform more efficiently, i.e., assure more convictions.
Let's face it. There is no feasible way that our justice method can withstand bench trials (trial by a judge with no jury) for every criminal case, let alone a jury trial which lasts far longer. In Virginia, there are more than 200,000 criminal cases statewide each year. The judicial system in its current state is stressed to its limits; if there were to be a small raise in the amount of defendants demanding trials, the judicial system would experience collapse. If those same defendants demanded jury trials the system would essentially collapse.
To battle the recent rise in crime during the last twenty-five years, mostly due to more drug crimes as well as other "vice" crimes (prostitution, gambling, alcohol etc.), Virginia's General Assembly added extra weapons to prosecutors' arsenals. One of these weapons is increased minimum sentences. Under Virginia law, if a jury returns a verdict of guilty, they will also suggest a sentence. So long as the sentence is inside of the minimum/maximum window, it is valid. Judges seldom ignore jury sentences which a lot of times is far longer than a sentence issued by a judge. In Virginia, a jury, unlike a judge, is not permitted to suspend any sentence recommendation. Thus, if a person is charged with distribution of a controlled substance, a charge that carries a five year minimum sentence, a judge might suspend four of those five years, a jury may not.
Yet another law in Virginia allows that any of the three parties, the defendant, judge or the prosecutor, may require a jury trial. Knowing the minimum sentence range, a prosecutor may threaten to call for a jury trial. Think about that! A Constitutional Right being employed as a threat to the defendant. Any defendant that is facing a minimum sentence of five years, even if they are innocent, may consider a guilty plea with a six month sentence.
Finally there are the Virginia criminal lawyers. While jury trials are a staple of romanticism in Hollywood movies, they are grueling and demanding in reality - on the defendant for sure, as well as the criminal defense attorney. Negotiating a guilty plea, as well as getting ready for a bench trial, may take several hours of work. To prepare adequately for a jury trial can take days, weeks, even months. Most defendants can simply not afford the expense of a jury trial which can run into the tens of thousands, even hundreds of thousands for involved and difficult matters.
In general, the only people that currently go for a jury trial may fall into three groups: those that claim to be truly innocent and refuse to plead guilty, people who are just too stubborn to accept the particulars and reality, and individuals who are career criminals and have almost nothing to lose by a jury trial. When you are charged with a crime in Virginia, you'll want to seek counsel from a Virginia criminal attorney to decide if you should plead guilty or go to trial, and if a trial, should it be by a judge or jury.
by: James Garrett
How To Appear For In Sarasota Criminal Lawyer Looking For In Sarasota Criminal Lawyer How To Appear For In Sarasota Criminal Lawyers What To Look For In Sarasota Criminal Lawyers Find The Appropriate Sarasota Criminal Lawyer For You
How You Can Preserve A Criminal Offense Scene Following A Digital Crime Learn To Trust A Criminal Lawyer How Technologies Can Support In Fixing A Criminal Offense Find The Proper Sarasota Criminal Lawyer For You What Is Involved While Filing A Claim For Criminal Injuries? Criminal Justice Scholarship A Brief Introduction Criminal Law - Aims A Brief Introduction Criminal Law - Actus Reus & Mens Rea