The judge shall discharge the accused if he considers that there is not sufficient cause for charging him with the offense.
If a judge considers that there is sufficient cause only to charge the accused with an offense which the judge has jurisdiction to try, then he shall try the accused for such offense and convict him if he deems him guilty and pass judgment upon him in accordance with law just as if the accused had first been brought before him on a warrant charging him with such offense.
If a judge considers that there is sufficient cause to charge the accused with an offense that he does not have jurisdiction to try then he shall certify the case to the appropriate court having jurisdiction and shall commit the accused to jail or let him to bail pursuant to the provisions of Article 1 (§ 19.2-119 et seq.) of Chapter 9 of this title.
Code 1950, § 19.1-106; 1960, c. 366; 1968, c. 639; 1973, c. 485; 1975, c. 495; 1999, cc. 829, 846.
Structure Code of Virginia
Title 19.2 - Criminal Procedure
Chapter 12 - Preliminary Hearing
§ 19.2-183.1. Joint preliminary hearings
§ 19.2-185. Testimony may be reduced to writing and subscribed
§ 19.2-186. When accused to be discharged, tried, committed or bailed by judge
§ 19.2-187. Admission into evidence of certain certificates of analysis
§ 19.2-187.01. Certificate of analysis as evidence of chain of custody of material described therein
§ 19.2-187.1. Procedures for notifying accused of certificate of analysis; waiver; continuances
§ 19.2-187.2. Procedure for subpoena duces tecum of analysis evidence
§ 19.2-188. Reports by Chief Medical Examiner received as evidence
§ 19.2-188.1. Testimony regarding identification of controlled substances
§ 19.2-188.2. Certificate of surgeon as evidence
§ 19.2-188.4. Two-way video testimony related to certain forensic medical examinations
§ 19.2-189. Commitment of accused for further examination
§ 19.2-190. To whom, and when, examination and recognizance to be certified
§ 19.2-190.1. Certification of ancillary misdemeanor offenses