Code of Virginia - Title 19.2 Criminal Procedure - Section 19.2-183 Examination of witnesses; assistance of counsel; evidentiary matters and remedies; power to adjour...

§ 19.2-183. Examination of witnesses; assistance of counsel; evidentiary matters and remedies; power to adjour...

A. The judge before whom any person is brought for an offense shall, as soon as may be practical, in the presence of such person, examine on oath the witnesses for and against him. Before conducting the hearing or accepting a waiver of the hearing, the judge shall advise the accused of his right to counsel and, if the accused is indigent and the offense charged be punishable by confinement in jail or the state correctional facility, the judge shall appoint counsel as provided by law.

B. At the hearing the judge shall, in the presence of the accused, hear testimony presented for and against the accused in accordance with the rules of evidence applicable to criminal trials in this Commonwealth. In felony cases, the accused shall not be called upon to plead, but he may cross-examine witnesses, introduce witnesses in his own behalf, and testify in his own behalf.

C. A judge may adjourn a trial, pending before him, not exceeding ten days at one time, without the consent of the accused.

(Code 1950, §§ 19.1-101, 19.1-102; 1960, c. 366; 1968, c. 639; 1973, c. 485; 1975, c. 495; 1982, c. 513.)

Sections:  19.2-183  19.2-183.1  19.2-184  19.2-185  19.2-186  19.2-187  19.2-187.01  19.2-187.02  19.2-187.1  19.2-187.2  19.2-188  19.2-188.1  19.2-188.2  19.2-189  19.2-190  Next

Last modified: April 3, 2009