(a)Return. In all criminal prosecutions, the verdict must be unanimous, in writing and signed by the foreman, and returned by the jury in open court.(b)Several Accused. If there are two or more accused, the jury may return a verdict as to any of them as to whom it can agree.(c)Conviction of Lesser Offense. The accused may be found not guilty of an offense charged but guilty of any offense, or of an attempt to commit any offense, that is substantially charged or necessarily included in the charge against the accused. When the offense charged is a felony, the accused may be found not guilty thereof, but guilty of being an accessory after the fact to that felony.(d)Poll of Jury. When a verdict is returned, the jury must be polled individually at the request of any party or upon the court’s own motion. If upon the poll, all jurors do not agree, the jury may be directed to retire for further deliberations or may be discharged.
Va. Sup. Ct. 3A:17
Amended by order dated September 3, 2020, effective September 3, 2020; amended by order dated November 23, 2020, effective March 1, 2021.
