Code of Virginia
Chapter 21 - Recovery of Fines and Penalties
§ 19.2-355. Petition of defendant

(a) The court may require any defendant entering a deferred, modified deferred, or installment payment agreement to file a petition, under oath, with the court, upon a form provided by the court, setting forth the financial condition of the defendant.
(b) Such form shall be a questionnaire, and shall include, but shall not be limited to: the name and residence of the defendant; his occupation, if any; his family status and the number of persons dependent upon him; his monthly income; whether or not his dependents are employed and, if so, their approximate monthly income; his banking accounts, if any; real estate owned by the defendant, or any interest he may have in real estate; income produced therefrom; any independent income accruing to the defendant; tangible and intangible personal property owned by the defendant, or in which he may have an interest; and a statement listing the approximate indebtedness of the defendant to other persons. Such form shall also include a payment plan of the defendant. At the end of such form there shall be printed in bold face type, in a distinctive color the following: THIS STATEMENT IS MADE UNDER OATH, ANY FALSE STATEMENT OF A MATERIAL FACT TO ANY QUESTION CONTAINED HEREIN SHALL CONSTITUTE PERJURY UNDER THE PROVISIONS OF § 18.2-434 OF THE CODE OF VIRGINIA. THE MAXIMUM PENALTY FOR PERJURY IS CONFINEMENT IN THE PENITENTIARY FOR A PERIOD OF TEN YEARS. A copy of the petition shall be retained by the defendant.
(c) If the defendant is unable to read or write, the court, or the clerk, may assist the defendant in completing the petition and require him to affix his mark thereto. The consequences of the making of a false statement shall be explained to such defendant.
Code 1950, § 19.1-347.2; 1971, Ex. Sess., c. 250; 1975, c. 495; 2021, Sp. Sess. I, c. 388.

Structure Code of Virginia

Code of Virginia

Title 19.2 - Criminal Procedure

Chapter 21 - Recovery of Fines and Penalties

§ 19.2-339. Word "fine" construed

§ 19.2-340. Fines; how recovered; in what name

§ 19.2-340.1. Disposition of fines in criminal cases

§ 19.2-341. Penalties other than fines; how recovered; in what name; limitation of actions

§ 19.2-342. Where and in what court proceeding to be

§ 19.2-343. Reserved

§ 19.2-345. Repealed

§ 19.2-347. Repealed

§ 19.2-348. Attorneys for Commonwealth or clerks to superintend issue of executions, etc.

§ 19.2-349. Responsibility for collections; clerks to report unsatisfied fines, etc.; duty of attorneys for Commonwealth; duties of Department of Taxation

§ 19.2-349.1. Receipt of unpaid fines, costs, forfeitures, penalties, or restitution by Department of Motor Vehicles

§ 19.2-350. When sheriff not to receive fines

§ 19.2-351. How fines disposed of; informer

§ 19.2-352. Officers to pay fines to clerks; default; forfeiture, etc.

§ 19.2-353. Certain fines paid into Literary Fund

§ 19.2-353.1. Fieri facias and proceedings thereon

§ 19.2-353.2. Repealed

§ 19.2-353.3. Acceptance of checks and credit or debit cards in lieu of money; additional fee

§ 19.2-353.4. Repealed

§ 19.2-353.5. Interest on fines and costs

§ 19.2-354. Authority of court to order payment of fine, costs, forfeitures, penalties or restitution in installments or upon other terms and conditions; community work in lieu of payment

§ 19.2-354.1. Deferred or installment payment agreements

§ 19.2-355. Petition of defendant

§ 19.2-356. Payment of fine or costs as condition of probation or suspension of sentence

§ 19.2-357. Requiring that defendant be of peace and good behavior until fine and costs are paid

§ 19.2-358. Procedure on default in deferred payment or installment payment of fine, costs, forfeiture, restitution or penalty

§ 19.2-359. Official receipts to be given for fines

§ 19.2-360. Forms of receipts; distribution; record of disposition

§ 19.2-361. Misuse, misappropriation or willful failure to account for fines is embezzlement

§ 19.2-362. Court not to remit fine or penalty, other than fine for contempt, except as provided in § 19.2-358

§ 19.2-363. Authority of Governor to grant relief from fines and penalties

§ 19.2-364. Petition for relief; in what court filed; notice to attorney for Commonwealth

§ 19.2-365. Duties of attorney for Commonwealth upon filing of such petition

§ 19.2-366. Duty of court in which petition filed; certificate and opinion

§ 19.2-367. Proceedings to be according to common law

§ 19.2-368. Course of proceeding when relief asked of the Governor