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.
Notes of Decisions
Cited in
14
cases (
1 in the last 5 years), 1986–2025 · leading case:
Sisk v. Commonwealth, 350 S.E.2d 676 (Va. Ct. App. 1986).
Sisk v. Commonwealth, 350 S.E.2d 676 (Va. Ct. App. 1986).
· cites it 8× “Code § 19.2-258 provides in pertinent part: 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…”
Daymon Ruffin v. CW, 542 S.E.2d 808 (Va. Ct. App. 2001).
· cites it 12× “) Conversely, the Commonwealth argues that Code § 19.2-258 applies to Ruffin’s case and permits sentencing a convicted misdemeanant in his absence.”
Wright v. Commonwealth, 357 S.E.2d 547 (Va. Ct. App. 1987).
· cites it 4× “” These conditions for waiver are reinforced by Code § 19.2-258 and Rule 3A:13(b). 3 See also Kibert v.”
Head v. Commonwealth, 348 S.E.2d 423 (Va. Ct. App. 1986).
· cites it 2× “the case may be heard in his absence as upon a plea of not guilty”), we discern a legislative expression that felony trials shall not take place in the absence of the accused. Notwithstanding this expression, in deciding this case, we are constrained by the holding in Jones…”
State v. James Denelsbeck(075170), 137 A.3d 462 (N.J. 2016).
“Virginia applies the right to a jury trial to misdemeanor offenses, Va. Code Ann. § 19.2-258 , and classifies a first offense as a misdemeanor, Va.”
Buddy Lee Elkins v. Commonwealth of Virginia, 517 S.E.2d 728 (Va. Ct. App. 1999).
· cites it 8× “*468 Under the circumstances presented in this appeal, the Bed-ford County Circuit Court was required to proceed under Code § 19.2-258, which provides that when the accused fails to appear in the circuit court on a misdemeanor charge, the accused may be tried in his or her…”
Shelton Legrand Riddick v. Commonwealth of Virginia, 842 S.E.2d 419 (Va. Ct. App. 2020).
· cites it 6× “” He reasons that the circuit court lacked subject matter jurisdiction to try him because the record does not reflect that he “entered a knowing and intelligent waiver of trial by jury” as required by Article I, § 8 of the Virginia Constitution and Code § 19.2-258. Acknowledging…”
Kelley v. Stamos, 285 Va. 68 (2013).
· cites it 2× “24 Applying these principles, therefore, Stamos was entitled to a writ of mandamus compelling Judge Kelley to enter judgment on the charge of driving while intoxicated. Although Nobles entered a guilty plea to that charge as noted by Judge Kelley on the warrant, Judge Kelley did…”
Boris Prezechowski v. CW, No. 0945983 (Va. Ct. App. June 1, 1999).
· cites it 4× “Under Code § 19.2-258, when the accused fails to appear in the circuit court on misdemeanor charge, he may be tried in his absence and his non-appearance waives the trial by jury.”
State v. James Denelsbeck(075170), No. A-42-14 (N.J. May 12, 2016).
“Virginia applies the right to a jury trial to misdemeanor offenses, Va. Code Ann. § 19.2-258 , and classifies a first offense as a misdemeanor, Va.”
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