Rights in a Criminal Prosecution

Generally speaking, in Virginia, Article I, Section 8 of the Virginia Constitution guarantees an accused the following rights in a criminal prosecution:

1.  To demand the cause and nature of the accusation against him;
2.  To be confronted with the accusers and witnesses;
3.  To call for evidence in his favor;
4.  To have a public and speedy trial; and
5.  To have an impartial jury of his vicinage, without whose unanimous consent he cannot be found guilty.  Juries of less than 12 persons are permissible for non-felonious offenses and, under specific conditions, these can be non jury trials in a court of record.

Article I, Section 9 prohibits excessive bail, cruel and unusual punishment, ex post facto laws and bills of attainder.

Article I, Section 10 prohibits general warrants of search and seizure.

As usual, every situation has exceptions.  Consult with a Charlottesville criminal attorney to get the full details.

Tucker Griffin Barnes P.C.
Charlottesville, VA

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