A. A trial court presiding in a criminal case may, with the agreement of the defendant and the Commonwealth, after any plea or trial, with or without a determination, finding, or pronouncement of guilt, and notwithstanding the entry of a conviction order, upon consideration of the facts and circumstances of the case, including (i) mitigating factors relating to the defendant or the offense, (ii) the request of the victim, or (iii) any other appropriate factors, defer proceedings, defer entry of a conviction order, if none, or defer entry of a final order, and continue the case for final disposition, on such reasonable terms and conditions as may be agreed upon by the parties and placed on the record, or if there is no agreement, as may be imposed by the court. Final disposition may include (a) conviction of the original charge, (b) conviction of an alternative charge, or (c) dismissal of the proceedings.
B. Upon violation of a term or condition, the court may enter an adjudication of guilt, if not already entered, and make any final disposition of the case provided by subsection A. Upon fulfillment of the terms and conditions, the court shall adjudicate the matter consistent with the agreement of the parties or, if none, by conviction of an alternative charge or dismissal of the case.
C. By consenting to and receiving a deferral of proceedings or a deferral of entry of a final order of guilt and fulfilling the conditions as specified by the court as provided by subsection A, the defendant waives his right to appeal such entry of a final order of guilt.
Prior to granting a deferral of proceedings, a deferral of entry of a conviction order, if none, or a deferral of a final order, the court shall notify the defendant that he would be waiving his rights to appeal any final order of guilt if such deferral is granted.
D. Upon agreement of all parties, a charge that is dismissed pursuant to this section may be considered as otherwise dismissed for purposes of expungement of police and court records in accordance with § 19.2-392.2, and such agreement of all parties and expungement eligibility shall be indicated in the final disposition order.
2020, Sp. Sess. I, cc. 20, 21.
Structure Code of Virginia
Title 19.2 - Criminal Procedure
Chapter 18 - Sentence; Judgment; Execution of Sentence
§ 19.2-295. Ascertainment of punishment
§ 19.2-295.1. Sentencing proceeding by the jury after conviction
§ 19.2-295.3. Admission of victim impact testimony
§ 19.2-296. Withdrawal of plea of guilty
§ 19.2-297.1. Sentence of person twice previously convicted of certain violent felonies
§ 19.2-298. Pronouncement of sentence
§ 19.2-298.01. Use of discretionary sentencing guidelines
§ 19.2-298.02. Deferred disposition in a criminal case
§ 19.2-299. Investigations and reports by probation officers in certain cases
§ 19.2-299.1. When Victim Impact Statement required; contents; uses
§ 19.2-302. Construction and administration of §§ 19.2-300 and 19.2-301
§ 19.2-303.01. Reduction of sentence; substantial assistance to prosecution
§ 19.2-303.1. Fixing period of suspension of sentence
§ 19.2-303.2. Persons charged with first offense may be placed on probation
§ 19.2-303.4. Payment of costs when proceedings deferred and defendant placed on probation
§ 19.2-304. Increasing or decreasing probation period and modification of conditions
§ 19.2-305.1. Restitution for property damage or loss; community service
§ 19.2-305.2. Amount of restitution; enforcement
§ 19.2-305.4. When interest to be paid on award of restitution
§ 19.2-306. Revocation of suspension of sentence and probation
§ 19.2-306.1. Limitation on sentence upon revocation of suspension of sentence; exceptions
§ 19.2-307. Contents of judgment order
§ 19.2-308. When two or more sentences run concurrently
§ 19.2-308.1. When sentence may run concurrently with sentence in another jurisdiction
§ 19.2-310. Transfer of prisoners to custody of Director of Department of Corrections
§ 19.2-310.01. Transmission of sentencing documents
§ 19.2-310.2:1. Saliva or tissue sample required for DNA analysis after arrest for a violent felony
§ 19.2-310.3. Procedures for withdrawal of blood, saliva or tissue sample for DNA analysis
§ 19.2-310.3:1. Procedures for taking saliva or tissue sample for DNA analysis
§ 19.2-310.4. Procedures for conducting DNA analysis of blood, saliva or tissue sample
§ 19.2-310.6. Unauthorized uses of DNA data bank; forensic samples; penalties
§ 19.2-313. Eligibility for release
§ 19.2-314. Supervision of persons released
§ 19.2-316. Evaluation and report prior to determining punishment