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 on him to plead thereto. In a felony case, arraignment is not necessary when waived by the accused. In a misdemeanor case, arraignment is not necessary when waived by the accused or his counsel, or when the accused fails to appear.
An accused may plead not guilty, guilty or nolo contendere. The court may refuse to accept a plea of guilty to any lesser offense included in the charge upon which the accused is arraigned; but, in misdemeanor and felony cases the court shall not refuse to accept a plea of nolo contendere.
With the approval of the court and the consent of the Commonwealth, a defendant may enter a conditional plea of guilty in a misdemeanor or felony case in circuit court, reserving the right, on appeal from the judgment, to a review of the adverse determination of any specified pretrial motion. If the defendant prevails on appeal, he shall be allowed to withdraw his plea.
Upon rejecting a plea agreement in any criminal matter, a judge shall immediately recuse himself from any further proceedings on the same matter unless the parties agree otherwise.
1975, c. 495; 1987, c. 357; 2014, cc. 52, 165.
Structure Code of Virginia
Title 19.2 - Criminal Procedure
Chapter 15 - Trial and Its Incidents
§ 19.2-239. Jurisdiction in criminal cases
§ 19.2-240. Clerks shall make out criminal docket; transportation orders
§ 19.2-241. Time within which court to set criminal cases for trial
§ 19.2-242. Accused discharged from jail if not indicted in time
§ 19.2-245.01. Offenses involving reports or statements concerning cigarette sales or stamping
§ 19.2-245.1. Forgery; where prosecuted
§ 19.2-245.2. Tax offenses; where prosecuted
§ 19.2-246. Injury inflicted by person within Commonwealth upon one outside Commonwealth
§ 19.2-247. Venue in certain homicide cases
§ 19.2-248. Venue when mortal wound, etc., inflicted in one county and death ensues in another
§ 19.2-249.1. Offenses committed within towns situated in two or more counties; where prosecuted
§ 19.2-249.2. Venue for prosecution of computer and other crimes
§ 19.2-250. How far jurisdiction of corporate authorities extends
§ 19.2-251. When and how venue may be changed
§ 19.2-253. Procedure upon and after change of venue
§ 19.2-254.1. Procedure in traffic infraction cases
§ 19.2-254.2. Procedure in nontraffic offenses for which prepayment is authorized
§ 19.2-255. Defendant allowed to plead several matters of law or fact
§ 19.2-257. Trial without jury in felony cases
§ 19.2-258. Trial of misdemeanors by court without jury; failure to appear deemed waiver of jury
§ 19.2-258.1. Trial of traffic infractions; measure of proof; failure to appear
§ 19.2-260. Provisions of Title 8.01 apply except as provided in this article
§ 19.2-261. Charging grand jury in presence of person selected as juror
§ 19.2-262.1. Joinder of defendants
§ 19.2-262.01. Voir dire examination of persons called as jurors
§ 19.2-263.1. Contact between judge and juror prohibited
§ 19.2-263.2. Jury instructions
§ 19.2-263.3. Juror information confidential
§ 19.2-264.6. through 19.2-264.14
§ 19.2-265. Opening statement of counsel
§ 19.2-265.01. Victims, certain members of the family and support persons not to be excluded
§ 19.2-265.2. Judicial notice of laws (Supreme Court Rule 2:202 derived in part from this section)
§ 19.2-265.3. Nolle prosequi; discretion of court upon good cause shown
§ 19.2-265.4. Failure to provide discovery
§ 19.2-265.5. Prosecuting misdemeanor cases without attorney
§ 19.2-266.1. Conviction of lesser offense on indictment for homicide
§ 19.2-266.2. Defense objections to be raised before trial; hearing; bill of particulars