Leading Criminal Defense Attorney Kristin Paulding founder at 7 Cities Law in Virginia Beach, VA discusses ground-breaking law change from July 1, 2021. For more information please visit https://7citieslaw.com

Virginia Beach, VA, United States - June 1, 2021 /MM-REB/ —

Defendants in Virginia courtrooms will be able to decide whether to be sentenced by juries or judges in a ground-breaking law change from July 1, 2021, criminal defense lawyer Kristin Paulding founder at 7 Cities Law in Virginia Beach, VA has disclosed.

For more information please visit https://7citieslaw.com

Under the present legal system in Virginia, defendants can opt for a jury trial or a single bench judge for their trials to decide their innocence or guilt.

Opting for a jury trial means sentencing is handed down by the jury but juries lack the same sentencing capabilities as judges. Judges can suspend sentences and use alternative punishments like probation. Juries cannot do this. In Virginia, juries have been involved with sentencing since the 1700s.

But in a major move for criminal justice reform, Virginia lawmakers passed a bill in 2020 that asserts from July 1, 2021, a defendant on trial can choose whether they will be sentenced by the jury or the judge.

In discussion on the Five-Minute Legal Insights podcast, Paulding said: “Virginia is one of only a few states with jury sentencing. This means the same jury that found you guilty would also recommend a sentence. 90% of the time, a judge would adopt that recommendation when formally sentencing your client.”

For example, in Virginia, a client could be charged with aggravated malicious wounding, a type of assault. “This charge carries a 20 year minimum and a maximum of life. If found guilty by a jury, they would have to recommend a sentence of at least 20 years and there is no discretion to go below that minimum.”

“But if tried by a judge, the judge can show discretion and may well consider sentencing you to 20-years prison, but they can suspend 15 years of that term. So a defendant would just serve five years.”

Speaking of the legal changes coming into effect in July, Paulding said: “Jury trials were few and far between under the old system because clients did not want to risk jury sentencing, especially with serious charges.”

“But I am excited by the new system as you can elect a jury trial and the jury will decide guilt or innocence. But you can then opt to have a judge sentence you. That changes things up a little as judges have greater experience of sentencing fairly whereas juries don’t.”

Paulding added: “I prefer to have jury trials in most cases because you are asking twelve members of the public, from all walks of life, to unanimously agree on a verdict. I prefer that to one judge making the decision.

“This legal move is one of the biggest changes I have seen in 13 years. I think this will fair up the sentencing options, and make for a more balanced legal system for defendants.”

Source: http://RecommendedExperts.biz

Contact Info:
Name: Kristin Paulding
Email: Send Email
Organization: 7 Cities Law
Address: Building 4, #423, 291 Independence Blvd, Virginia Beach, VA 23462
Phone: 757-716-7494
Website: https://7citieslaw.com

Source: MM-REB

Release ID: 89022200