Virginia Jury Instruction - 5.1 Expert Witnesses General Instruction
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If probable cause is found, the case is certified (sent) to the grand jury. If the grand jury also finds probable cause, an indictment is returned. Following indictment, the accused is arraigned; that is, the charges are read and the accused enters a plea of guilty, not guilty, or nolo contendere (no contest).
A regular grand jury shall consist of not less than five nor more than seven persons.
A grand jury helps determine whether to bring charges against a suspect, while trial jurors render a verdict at the trial itself. Put differently, a grand jury hands down an indictment at the beginning of a criminal case. A trial jury decides guilt or innocence at the end of the trial.
The functions of a grand jury are twofold: (1) To consider bills of indictment prepared by the attorney for the Commonwealth and to determine whether as to each such bill there is sufficient probable cause to return such indictment "a true bill."
If such person has been called and reported for jury duty in the trial of any case, either civil or criminal, at any one term of a court, he shall not be permitted to serve as a juror in any civil or criminal case, at any other term of that court during the three-year period set forth in subsection A of this section, ...
In all criminal prosecutions, the verdict must be unanimous, in writing and signed by the foreman, and returned by the jury in open court.
Yes. Every juror must agree on the verdict. This is known as a unanimous verdict. If the jury cannot agree, then the judge must declare a mistrial.
The Model Jury Instruction Committee is comprised of outstanding and experienced Virginia judges, practicing attorneys, and law professors who devote substantial time in the maintenance of this essential litigation resource.