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.
When 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.
Code 1950, § 19.1-193; 1960, c. 366; 1975, c. 495.
Structure Code of Virginia
Title 19.2 - Criminal Procedure
Chapter 15 - Trial and Its Incidents
§ 19.2-239. Jurisdiction in criminal cases
§ 19.2-240. Clerks shall make out criminal docket; transportation orders
§ 19.2-241. Time within which court to set criminal cases for trial
§ 19.2-242. Accused discharged from jail if not indicted in time
§ 19.2-245.01. Offenses involving reports or statements concerning cigarette sales or stamping
§ 19.2-245.1. Forgery; where prosecuted
§ 19.2-245.2. Tax offenses; where prosecuted
§ 19.2-246. Injury inflicted by person within Commonwealth upon one outside Commonwealth
§ 19.2-247. Venue in certain homicide cases
§ 19.2-248. Venue when mortal wound, etc., inflicted in one county and death ensues in another
§ 19.2-249.1. Offenses committed within towns situated in two or more counties; where prosecuted
§ 19.2-249.2. Venue for prosecution of computer and other crimes
§ 19.2-250. How far jurisdiction of corporate authorities extends
§ 19.2-251. When and how venue may be changed
§ 19.2-253. Procedure upon and after change of venue
§ 19.2-254.1. Procedure in traffic infraction cases
§ 19.2-254.2. Procedure in nontraffic offenses for which prepayment is authorized
§ 19.2-255. Defendant allowed to plead several matters of law or fact
§ 19.2-257. Trial without jury in felony cases
§ 19.2-258. Trial of misdemeanors by court without jury; failure to appear deemed waiver of jury
§ 19.2-258.1. Trial of traffic infractions; measure of proof; failure to appear
§ 19.2-260. Provisions of Title 8.01 apply except as provided in this article
§ 19.2-261. Charging grand jury in presence of person selected as juror
§ 19.2-262.1. Joinder of defendants
§ 19.2-262.01. Voir dire examination of persons called as jurors
§ 19.2-263.1. Contact between judge and juror prohibited
§ 19.2-263.2. Jury instructions
§ 19.2-263.3. Juror information confidential
§ 19.2-264.6. through 19.2-264.14
§ 19.2-265. Opening statement of counsel
§ 19.2-265.01. Victims, certain members of the family and support persons not to be excluded
§ 19.2-265.2. Judicial notice of laws (Supreme Court Rule 2:202 derived in part from this section)
§ 19.2-265.3. Nolle prosequi; discretion of court upon good cause shown
§ 19.2-265.4. Failure to provide discovery
§ 19.2-265.5. Prosecuting misdemeanor cases without attorney
§ 19.2-266.1. Conviction of lesser offense on indictment for homicide
§ 19.2-266.2. Defense objections to be raised before trial; hearing; bill of particulars