Prior to July 2021, defendants in Virginia were often faced with a difficult decision: They could elect for a trial by jury or have their case heard by a single judge. While on the surface, the decision does not seem too challenging, as Noah Weisberg of Weisberg & Weisberg explains, that single choice could lead to vastly different outcomes.

That is because a defendant who was tried and convicted by a judge would also receive their sentence from the judge – and the judge would apply sentencing guidelines that often resulted in a suspended sentence. For example, a 5-year sentence could be reduced all the way down to time served and probation.

A jury, however, was asked to render a verdict as well as a recommended sentence – and in nearly all circumstances, the judge accepted the jury’s recommendation without making any changes. So, a 5-year sentence would remain so.

It was a distinction that Weisberg says discouraged defendants from exercising their Constitutional right to a trial by jury, opting for a bench trial in hopes of securing a lighter sentence.

“At the heart of it was that an individual that was facing a criminal charge prior to July 2021 had to choose,” Weisberg says. “They had better odds of acquittal by having a jury preside over their case, but those better odds came with the possibility that if they were convicted, they were likely to get a more severe sentence.”

Virginia lawmakers, led by Senator Joe Morrissey, effectively changed the law last year to remove the jury obligation for a recommended sentence. Now, the jury is asked only to render a verdict in the case. The sentencing is the responsibility of the judge.

“You can now get the jury to decide your guilt or innocence alone,” Weisberg says. “This has had a tremendous impact on jury trials in Virginia. There has been an explosion of jury trials, no question about it.”

Weisberg sees the change as necessary and positive, giving defendants the confidence to exercise their right to a jury trial without being worried that they will receive a stiffer sentence because of their choice. It has been especially helpful to people facing more significant charges with longer minimum sentences.

“The more serious the case, there was a greater risk that the client was going to face a significant punishment,” Weisberg explains. “Even though it may have been more appropriate to take it to a jury, they might be discouraged from doing so because they are afraid of a 20-year minimum sentence.”

Although Weisberg is happy to see the change in the law, he admits that it has caused some unintended challenges to the Virginia courts. There are now more jury trials than ever before, and that – as well as the lingering effects of the COVID pandemic – has stretched resources.

“One unfortunate thing is that at the same time we’re trying to climb out from a COVID backlog, we have opened the gates to criminal defendants with their right to jury trials,” Weisberg says. “We really do have a challenge on our hands to make sure we have enough resources.”

Even with the challenges that the new law presents, Weisberg stresses that making the change has been overwhelmingly beneficial to not only defendants but to the courts and the state itself. Virginia now has similar standards to the federal government, emphasizing a citizen’s right to a trial by jury.

“The challenges are significant, but they are extremely necessary,” Weisberg says. “This is the United States of America, and this is the Commonwealth of Virginia. We guarantee the citizens a right to trial by jury, and we need to do whatever is necessary to make sure that happens.

“What we are experiencing right now is some growing pains, but I am confident we will get through it.”

Weisberg & Weisberg offers practical legal guidance to residents of communities throughout Virginia in the areas of criminal defense, personal injury, business law, and family law.

To learn more, please visit www.weisbergattorneys.com.