Should You Call for a Jury Trial For Your Criminal Case in Virginia?
Through the legal doctrine of "incorporation", the Bill of Rights of the U.S. Constitution has long been applied to the states. By this doctrine, the states' judiciaries are expected to respect the Rights guaranteed to us by the Constitution. Among 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 6 months in jail.
According the U.S. Bureau of Justice Statistics, only about 5% of all criminal convictions come 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 countless Americans chosen to voluntarily give up one of the oldest and most cherished rights we have? To answer that query, we have to bear in mind a few contributing factors, all of which have been utilized to make our criminal justice system work more effectively, i.e., assure more convictions.
Let's face it. There is no possible way that our justice method can withstand bench trials (trial by a judge with no jury) for each criminal case, let alone a jury trial which lasts far longer. In Virginia, there are around 200,000 criminal cases statewide every year. The judicial system in its current state is stressed to its limits; if there were to be a modest 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 fight the recent rise in crime during the last quarter century, mostly due to more drug crimes along with other "vice" crimes (prostitution, gambling, alcohol etc.), Virginia's General Assembly added more 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 within the minimum/maximum window, it is valid. Judges almost never ignore jury sentences which a great number of times is far lengthier than a sentence issued by a judge. In Virginia, a jury, as opposed to a judge, is not authorized to suspend any sentence recommendation. Therefore, if somebody is charged with distribution of a controlled substance, a charge that carries a 5 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 call for a jury trial. Knowing the minimum sentence range, a prosecutor may threaten to call for a jury trial. Consider 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 think about a guilty plea with a six month sentence.
Finally there are the Virginia criminal defense attorneys. While jury trials are a staple of romanticism in Hollywood movies, they are grueling and demanding in truth, on the defendant for sure, as well as the criminal attorney. Negotiating a guilty plea, or even preparing for a bench trial, may involve several hours of work. To prepare appropriately for a jury trial can take days, weeks, even months. Most defendants can simply not pay for the expense of a jury trial which can run into the tens of thousands, even hundreds of thousands for serious and complex subjects.
In general, the only individuals who currently choose a jury trial may fall into three categories: people that claim to be truly innocent and refuse to plead guilty, individuals who are just too stubborn to simply accept the particulars and reality, and those who are career offenders and have practically nothing to lose by a jury trial. If you're charged with a crime in Virginia, you ought to seek counsel from a Virginia criminal defense law firm to make a decision if you should plead guilty or go to trial, and if a trial, should it be by a judge or jury.
According the U.S. Bureau of Justice Statistics, only about 5% of all criminal convictions come 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 countless Americans chosen to voluntarily give up one of the oldest and most cherished rights we have? To answer that query, we have to bear in mind a few contributing factors, all of which have been utilized to make our criminal justice system work more effectively, i.e., assure more convictions.
Let's face it. There is no possible way that our justice method can withstand bench trials (trial by a judge with no jury) for each criminal case, let alone a jury trial which lasts far longer. In Virginia, there are around 200,000 criminal cases statewide every year. The judicial system in its current state is stressed to its limits; if there were to be a modest 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 fight the recent rise in crime during the last quarter century, mostly due to more drug crimes along with other "vice" crimes (prostitution, gambling, alcohol etc.), Virginia's General Assembly added more 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 within the minimum/maximum window, it is valid. Judges almost never ignore jury sentences which a great number of times is far lengthier than a sentence issued by a judge. In Virginia, a jury, as opposed to a judge, is not authorized to suspend any sentence recommendation. Therefore, if somebody is charged with distribution of a controlled substance, a charge that carries a 5 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 call for a jury trial. Knowing the minimum sentence range, a prosecutor may threaten to call for a jury trial. Consider 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 think about a guilty plea with a six month sentence.
Finally there are the Virginia criminal defense attorneys. While jury trials are a staple of romanticism in Hollywood movies, they are grueling and demanding in truth, on the defendant for sure, as well as the criminal attorney. Negotiating a guilty plea, or even preparing for a bench trial, may involve several hours of work. To prepare appropriately for a jury trial can take days, weeks, even months. Most defendants can simply not pay for the expense of a jury trial which can run into the tens of thousands, even hundreds of thousands for serious and complex subjects.
In general, the only individuals who currently choose a jury trial may fall into three categories: people that claim to be truly innocent and refuse to plead guilty, individuals who are just too stubborn to simply accept the particulars and reality, and those who are career offenders and have practically nothing to lose by a jury trial. If you're charged with a crime in Virginia, you ought to seek counsel from a Virginia criminal defense law firm to make a decision if you should plead guilty or go to trial, and if a trial, should it be by a judge or jury.