2.5 Procedures at Trial

• Library: Defense of Serious Traffic Cases in Virginia (Virginia CLE) (2020 Ed.)

2.5 PROCEDURES AT TRIAL

2.501 Misdemeanors. The general district courts have exclusive original jurisdiction over the trial of misdemeanor offenses and over traffic infractions committed by adult drivers. ¹⁴⁹ Juvenile courts have exclusive original jurisdiction over traffic infractions and other motor vehicle-related offenses committed by a juvenile. On appeal to the circuit court, trial of a misdemeanor is de novo, and the case may be heard by a jury. ¹⁵⁰

It is often advisable for counsel to make a record of proceedings in general district court that can be used to impeach witnesses who testify differently in circuit court. Virginia Code section 16.1-69.35:2 authorizes parties to make an audio recording of proceedings in general district court. This can be accomplished either by hiring a court reporting service that will provide a certified transcript, or simply by using a portable recording device. If a portable recording device is used, the recording must be kept available for use in impeachment, since no transcript will be produced by a court reporting service. Another good reason to record district court trials is that suppression motions are commonly heard midtrial rather than pretrial in district court. A portable recorder, combined with thorough cross-examinations, allows the diligent attorney to pin down witnesses on the facts of a case and create an accurate account of the facts for later suppression motions in circuit court.

If a person charged with a misdemeanor fails to appear, the court may hear the case in the defendant's absence as though a plea of not guilty had been entered. ¹⁵¹

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Commonwealth's attorneys are expressly given standing by section 15.2-1627(B) of the Virginia Code to prosecute first-offense...