Code of Virginia - Title 19.2 Criminal Procedure - Chapter 15 Trial And Its Incidents

19.2-239 Jurisdiction in criminal cases
The circuit courts, except where otherwise provided, shall have exclusive original jurisdiction for the trial of all presentments, indictments and informations for offenses committed within ...
19.2-240 Clerks shall make out criminal docket
Before every term of any court in which criminal cases are to be tried the clerk of the court shall make out a separate docket ...
19.2-241 Time within which court to set criminal cases for trial
The judge of each circuit court shall fix a day of his court when the trial of criminal cases will commence, and may make such ...
19.2-242 Accused discharged from jail if not indicted in time
A person in jail on a criminal charge shall be discharged from imprisonment if a presentment, indictment or information be not found or filed against ...
19.2-243 Limitation on prosecution of felony due to lapse of time after finding of probable cause; misdemean...
Where a district court has found that there is probable cause to believe that an adult has committed a felony, the accused, if he is ...
19.2-244 Venue in general
Except as otherwise provided by law, the prosecution of a criminal case shall be had in the county or city in which the offense was ...
19.2-245 Offenses committed without and made punishable within Commonwealth; embezzlement or larceny committ...
Prosecution for offenses committed wholly or in part without and made punishable within this Commonwealth may be in any county or city in which the ...
19.2-245.1 Forgery; where prosecuted
If any person commits forgery, that forgery may be prosecuted in any county or city (i) where the writing was forged, or where the same ...
19.2-245.2 Tax offenses; where prosecuted
If an offense involving tax, as defined in Title 58.1, is committed, that offense may be prosecuted in either any county or city where a ...
19.2-246 Injury inflicted by person within Commonwealth upon one outside Commonwealth
If a mortal wound or other violence or injury be inflicted by a person within this Commonwealth upon one outside of the same, or upon ...
19.2-247 Venue in certain homicide cases
Where evidence exists that a homicide has been committed either within or without this Commonwealth, under circumstances which make it unknown where such crime was ...
19.2-248 Venue when mortal wound, etc., inflicted in one county and death ensues in another
If a mortal wound, or other violence or injury, be inflicted, or poison administered in one county or city, and death ensues therefrom in another ...
19.2-249 Offenses committed on boundary of two counties, two cities, or county and city, etc.; where prosecu...
An offense committed on the boundary of two counties, or on the boundary of two cities, or on the boundary of a county and city, ...
19.2-249.1 Offenses committed within towns situated in two or more counties; where prosecuted
An offense or traffic infraction committed within a town situated in two or more counties within the Commonwealth may be alleged to have been committed, ...
19.2-249.2 Venue for prosecution of computer crimes.
For the purpose of venue under the Virginia Computer Crimes Act (§ 18.2-152.1 et seq.), any violation of the article shall be considered to have ...
19.2-250 How far jurisdiction of corporate authorities extends
A. Notwithstanding any other provision of this article and except as provided in subsection B hereof, the jurisdiction of the corporate authorities of each town ...
19.2-251 When and how venue may be changed
A circuit court may, on motion of the accused or of the Commonwealth, for good cause, order the venue for the trial of a criminal ...
19.2-252 Court ordering change of venue may admit accused to bail and recognize witnesses; remand of accuse...
When the venue is so changed, the court making the order may admit the accused to bail and shall recognize the witnesses and the accused ...
19.2-253 Procedure upon and after change of venue
The clerk of the court which orders a change of venue shall certify copies of the recognizances aforesaid and of the record of the case ...
19.2-254 Arraignment; pleas; when court may refuse to accept plea
Arraignment shall be conducted in open court. It shall consist of reading to the accused the charge on which he will be tried and calling ...
19.2-254.1 Procedure in traffic infraction cases
In a traffic infraction case, as defined in § 46.2-100, involving an offense included in the uniform fine schedule established pursuant to § 16.1-69.40:1, a ...
19.2-254.2 Procedure in nontraffic offenses for which prepayment is authorized
In any prepayable nontraffic offense case as defined in § 16.1-69.40:2 a defendant may elect to enter a written appearance and waive court hearing. Arraignment ...
19.2-255 Defendant allowed to plead several matters of law or fact
The defendant in any criminal prosecution may plead as many several matters, whether of law or fact, as he shall think necessary, and he may ...
19.2-256 Approvers
Approvers shall not be admitted in any case. (Code 1950, § 19.1-244; 1960, c. 366; 1975, c. 495.) ...
19.2-257 Trial without jury in felony cases
Upon a plea of guilty in a felony case, tendered in person by the accused after being advised by counsel, the court shall hear and ...
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 ...
19.2-258.1 Trial of traffic infractions; measure of proof; failure to appear
For any traffic infraction cases tried in a district court, the court shall hear and determine the case without the intervention of a jury. For ...
19.2-259 On trial for felony, accused to be present; when court may enter plea for him, and trial go o...
A person tried for felony shall be personally present during the trial. If when arraigned he will not plead or answer and does not confess ...
19.2-260 Provisions of Title 8.01 apply except as provided in this article
Except as otherwise provided in this article, trial by jury in criminal cases shall be regulated as provided for in Chapter 11 (§ 8.01-336 et ...
19.2-261 Charging grand jury in presence of person selected as juror
The court shall not charge the grand jury in the presence of any person selected as a juror to try any person indicted by the ...
19.2-262 Waiver of jury trial; numbers of jurors in criminal cases; how jurors selected from panel
A. In any criminal case in which trial by jury is dispensed with as provided by law, the whole matter of law and fact shall ...
19.2-262.1 Joinder of defendants
On motion of the Commonwealth, for good cause shown, the court shall order persons charged with participating in contemporaneous and related acts or occurrences or ...
19.2-263 Description unavailable
Repealed by Acts 1993, cc. 462 and 489. ...
19.2-263.1 Contact between judge and juror prohibited
No judge shall communicate in any way with a juror in a criminal proceeding concerning the juror's conduct or any aspect of the case during ...
19.2-263.2 Jury instructions
A proposed jury instruction submitted by a party, which constitutes an accurate statement of the law applicable to the case, shall not be withheld from ...
19.2-263.3 Juror information confidential.
A. The court may, upon motion of either party or its own motion, and for good cause shown, issue an order regulating the disclosure of ...
19.2-264 When jury need not be kept together in felony case; sufficient compliance with requirement that jur...
In any case of a felony the jury shall not be kept together unless the court otherwise directs. Whenever a jury is required to be ...
19.2-264.1 Views by juries
The jury in any criminal case may, at the request of either the attorney for the Commonwealth or any defendant, be taken to view the ...
19.2-264.2 Conditions for imposition of death sentence
In assessing the penalty of any person convicted of an offense for which the death penalty may be imposed, a sentence of death shall not ...
19.2-264.3 Procedure for trial by jury
A. In any case in which the offense may be punishable by death which is tried before a jury the court shall first submit to ...
19.2-264.3:1 Expert assistance when defendant's mental condition relevant to capital sentencing
A. Upon (i) motion of the attorney for a defendant charged with or convicted of capital murder and (ii) a finding by the court that ...
19.2-264.3:1.1 Capital cases; determination of mental retardation
A. As used in this section and § 19.2-264.3:1.2, the following definition applies: "Mentally retarded" means a disability, originating before the age of 18 years, ...
19.2-264.3:1.2 Expert assistance when issue of defendant's mental retardation relevant to capital sentencin...
A. Upon (i) motion of the attorney for a defendant charged with or convicted of capital murder and (ii) a finding by the court that ...
19.2-264.3:2 Notice to the defendant of intention to present evidence of unadjudicated criminal conduc...
Upon motion of the defendant, in any case in which the offense for which the defendant is to be tried may be punishable by death, ...
19.2-264.3:3 Limitations on use of statements or disclosure by defendant during evaluations
No statement or disclosure by the defendant made during a competency evaluation performed pursuant to § 19.2-169.1, an evaluation performed pursuant to § 19.2-169.5 to ...
19.2-264.4 Sentence proceeding
A. Upon a finding that the defendant is guilty of an offense which may be punishable by death, a proceeding shall be held which shall ...
19.2-264.5 Post-sentence reports
When the punishment of any person has been fixed at death, the court shall, before imposing sentence, direct a probation officer of the court to ...
19.2-265 Opening statement of counsel
On the trial of any case of felony or misdemeanor and before any evidence is submitted on either side, the attorney for the Commonwealth and ...
19.2-265.01 Victims, certain members of the family and support persons not to be excluded
During the trial of every criminal case and in all court proceedings attendant to trial, whether before, during or after trial, including any proceedings occurring ...
19.2-265.1 Exclusion of witnesses
In the trial of every criminal case, the court, whether a court of record or a court not of record, may upon its own motion ...
19.2-265.2 Judicial notice of laws
A. Whenever, in any criminal case it becomes necessary to ascertain what the law, statutory or otherwise, of this Commonwealth, of another state, of the ...
19.2-265.3 Nolle prosequi; discretion of court upon good cause shown
Nolle prosequi shall be entered only in the discretion of the court, upon motion of the Commonwealth with good cause therefor shown. (1979, c. 641.) ...
19.2-265.4 Failure to provide discovery
A. In any criminal prosecution for a felony in a circuit court or for a misdemeanor brought on direct indictment, the attorney for the Commonwealth ...
19.2-265.5 Prosecuting misdemeanor cases without attorney
Notwithstanding any of the provisions of § 19.2-265.1, whenever in a misdemeanor case neither an attorney for the Commonwealth nor any other attorney for the ...
19.2-265.6 Effect of dismissal of criminal charges.
No dismissal of any criminal charge by a court shall bar subsequent prosecution of the charge unless jeopardy attached at the earlier proceeding or unless ...
19.2-266 Exclusion of persons from trial; photographs and broadcasting permitted under designated guidelines...
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 ...
19.2-266.1 Conviction of lesser offense on indictment for homicide
In any trial upon an indictment charging homicide, the jury or the court may find the accused not guilty of the specific offense charged in ...
19.2-266.2 Defense objections to be raised before trial; hearing; bill of particulars
A. Defense motions or objections seeking (i) suppression of evidence on the grounds such evidence was obtained in violation of the provisions of the Fourth, ...

Last modified: April 3, 2009