A. The court shall thoroughly interrogate any person making the statement of indigency required in § 19.2-159 and shall further advise such person of the penalty which might result from false swearing, as provided in § 19.2-161.
B. The statement and oath of the defendant shall be filed with the papers in the case, and shall follow and be in effect at all stages of the proceedings against him without further oath. In the event the defendant undergoes a change of circumstances so that he is no longer indigent, the defendant shall thereupon obtain private counsel and shall forthwith advise the court of the change of circumstances. The court shall grant reasonable continuance to allow counsel to be obtained and to prepare for trial. When private counsel has been retained, appointed counsel shall forthwith be relieved of further responsibility and compensated for his services, pro rata, pursuant to § 19.2-163.
C. Upon the request of the court, it shall be the duty of the attorney for the Commonwealth of the county or city in which such statement and oath was made to make an investigation as to the indigency of the defendant, or of any other person making such statement. The attorney for the Commonwealth is authorized to delegate the responsibility for such investigation to any subordinate in his office, or to any agency, state or local, which possesses the facilities to quickly make such investigation. Such investigation shall be reduced to writing and forwarded to the court in which the statement and oath was made within fourteen days after such request by the court is made. Such report shall be placed with the papers in the case.
Code 1950, § 19.1-241.3:1; 1975, c. 580; 1977, c. 6; 1981, c. 289; 1984, c. 709.
Structure Code of Virginia
Title 19.2 - Criminal Procedure
§ 19.2-153. When judge cannot sit on trial; how another judge procured to try the case
§ 19.2-156. Prolonged absence of attorney for Commonwealth
§ 19.2-157. Duty of court when accused appears without counsel
§ 19.2-158. When person not free on bail shall be informed of right to counsel and amount of bail
§ 19.2-159. Determination of indigency; guidelines; statement of indigence; appointment of counsel
§ 19.2-160. Appointment of counsel or waiver of right
§ 19.2-161. Penalty for false swearing with regard to statement of indigence
§ 19.2-162. Continuances to be granted if necessary
§ 19.2-163. Compensation of court-appointed counsel
§ 19.2-163.01. Virginia Indigent Defense Commission established; powers and duties
§ 19.2-163.01:1. Supplementing compensation of public defender
§ 19.2-163.02. Membership of Indigent Defense Commission; expenses
§ 19.2-163.03. Qualifications for court-appointed counsel
§ 19.2-163.04. Public defender offices
§ 19.2-163.3. Duties of public defenders
§ 19.2-163.4:1. Repayment of representation costs by convicted persons
§ 19.2-163.5. Legal services to public defenders and/or assistant public defenders
§ 19.2-164.1. Interpreters for the deaf (Supreme Court Rule 2:507 derived in part from this section)
§ 19.2-165.1. Payment of medical fees in certain criminal cases; reimbursement