An information may be filed by the attorney for the Commonwealth based upon a complaint in writing verified by the oath of a competent witness; but no person shall be put upon trial for any felony, unless an indictment or presentment shall have first been found or made by a grand jury in a court of competent jurisdiction or unless such person, by writing signed by such person before the court having jurisdiction to try such felony or before the judge of such court shall have waived such indictment or presentment, in which event he may be tried on a warrant or information. If the accused be in custody, or has been recognized or summoned to answer such information, presentment or indictment, no other process shall be necessary; but the court may, in its discretion, issue process to compel the appearance of the accused.
Code 1950, § 19.1-162; 1960, c. 366; 1975, c. 495.
Structure Code of Virginia
Title 19.2 - Criminal Procedure
Chapter 14 - Presentments, Indictments and Informations
§ 19.2-216. Definition of indictment, presentment and information
§ 19.2-217.1. Central file of aggravated murder indictments
§ 19.2-218. Preliminary hearing required for person arrested on charge of felony; waiver
§ 19.2-218.1. Preliminary hearings involving certain sexual crimes against spouses
§ 19.2-219. When capias need not be issued; summons; judgment
§ 19.2-220. Contents of indictment in general
§ 19.2-221. Form of prosecutions generally; murder and manslaughter
§ 19.2-223. Charging several acts of embezzlement; description of money
§ 19.2-224. In prosecution for forgery, unnecessary to set forth copy of forged instrument
§ 19.2-225. Allegation of intent
§ 19.2-226. What defects in indictments not to vitiate them
§ 19.2-227. When judgment not to be arrested or reversed
§ 19.2-229. When complaining witness required to give security for costs
§ 19.2-230. Bill of particulars
§ 19.2-231. Amendment of indictment, presentment or information
§ 19.2-232. What process to be awarded against accused on indictment, etc.
§ 19.2-233. How awarded, directed, returnable and executed
§ 19.2-234. Procedure when person arrested under capias
§ 19.2-235. Clerks to mail process to officers in other counties, etc.
§ 19.2-236. Where process of arrest may be executed
§ 19.2-237. Process on indictment or presentment for misdemeanor
§ 19.2-238. Summons against corporation; proceedings; expense of publication