Virginia Waiver of Speedy Trial is a legal process that allows the defendant to waive their right to a speedy trial. This waiver is typically requested and approved by the court in order to allow the defense attorney and the prosecutor to have more time to prepare for the trial. There are two types of Virginia Waiver of Speedy Trial: voluntary and involuntary. A voluntary waiver is when the defendant agrees to waive their right to a speedy trial and is signed in front of a judge. This type of waiver is usually requested if the defendant is represented by a lawyer and the lawyer needs more time to prepare for the trial. An involuntary waiver is when the court orders the defendant to waive their right to a speedy trial. This is usually done when the prosecutor needs more time to prepare for the trial or if the defendant is unrepresented. The court can also order an involuntary waiver if the defendant fails to appear in court or if the defendant is found to be in contempt of court.
Virginia Waiver of Speedy Trial
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§ 19.2-257. In such cases the court shall have and exercise all the powers, privileges and duties given to juries by any statute relating to crimes and punishments.
§ 19.2-258. Trial of misdemeanors by court without jury; failure to appear deemed waiver of jury. 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.
In the trial of all criminal cases, whether the same be felony or misdemeanor cases, the court may, in its discretion, exclude from the trial any persons whose presence would impair the conduct of a fair trial, provided that the right of the accused to a public trial shall not be violated.
Whether it's a good idea to waive time depends entirely on the circumstances of the case. It might be possible that the defense can force the prosecution to trial before the latter is ready?but that can be a risky strategy. Usually, it makes sense to take whatever time is necessary to fully prepare a defense.
Code § 19.2-243, the speedy trial statute, provides that if a defendant accused of a felony is continuously held in custody from the time he is indicted, he must be tried within five months of the date of the indictment if there was no preliminary hearing or five months from the preliminary hearing.