{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-133.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-133.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-133.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-133.html"}],"law_id":61066,"edition_id":1,"section_id":61066,"structure_id":14093,"section_number":"16.1-133","catch_line":"Withdrawal of appeal","history":"1956, c. 555; 1973, c. 18; 1974, c. 228; 1979, c. 536; 1982, c. 366; 1983, c. 105; 1990, c. 25.","full_text":"Notwithstanding the provisions of \u00a7 16.1-135, any person convicted in a general district court, a juvenile and domestic relations district court, or a court of limited jurisdiction of an offense not felonious may, at any time before the appeal is heard, withdraw an appeal which has been noted, pay the fine and costs to such court, and serve any sentence which has been imposed.\n\t\tA person withdrawing an appeal shall give written notice of withdrawal to the court and counsel for the prosecution prior to the hearing date of the appeal. If the appeal is withdrawn more than ten days after conviction, the circuit court shall forthwith enter an order affirming the judgment of the lower court and the clerk shall tax the costs as provided by statute. Fines and costs shall be collected by the circuit court, and all papers shall be retained in the circuit court clerk’s office.\n\t\tWhere the withdrawal is within ten days after conviction, no additional costs shall be charged, and the judgment of the lower court shall be imposed without further action of the circuit court.","order_by":null,"text":{"0":{"id":223280,"text":"Notwithstanding the provisions of \u00a7 16.1-135, any person convicted in a general district court, a juvenile and domestic relations district court, or a court of limited jurisdiction of an offense not felonious may, at any time before the appeal is heard, withdraw an appeal which has been noted, pay the fine and costs to such court, and serve any sentence which has been imposed.\n\t\tA person withdrawing an appeal shall give written notice of withdrawal to the court and counsel for the prosecution prior to the hearing date of the appeal. If the appeal is withdrawn more than ten days after conviction, the circuit court shall forthwith enter an order affirming the judgment of the lower court and the clerk shall tax the costs as provided by statute. Fines and costs shall be collected by the circuit court, and all papers shall be retained in the circuit court clerk’s office.\n\t\tWhere the withdrawal is within ten days after conviction, no additional costs shall be charged, and the judgment of the lower court shall be imposed without further action of the circuit court.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":14093,"edition_id":1,"name":"Procedure in Criminal Cases","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":14092,"metadata":{},"date_created":"2026-06-26 03:46:51","date_modified":"2026-06-26 03:46:51","permalink":{"id":162709,"object_type":"structure","relational_id":14093,"identifier":"2","token":"16.1\/7\/2","url":"\/16.1\/7\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14092,"edition_id":1,"name":"Jurisdiction and Procedure in Criminal Matters","identifier":"7","label":"chapter","depth":2,"order_by":1,"parent_id":12700,"metadata":{},"date_created":"2026-06-26 03:46:51","date_modified":"2026-06-26 03:46:51","permalink":{"id":162681,"object_type":"structure","relational_id":14092,"identifier":"7","token":"16.1\/7","url":"\/16.1\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12700,"edition_id":1,"name":"Courts Not of Record","identifier":"16.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":160919,"object_type":"structure","relational_id":12700,"identifier":"16.1","token":"16.1","url":"\/16.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":79820,"structure_id":14093,"section_number":"16.1-129","catch_line":"Offenses tried on warrants, or as provided in Chapter 7 of Title 19.2","url":"\/16.1-129\/","token":"16.1\/7\/2\/16.1-129","metadata":false},{"id":80476,"structure_id":14093,"section_number":"16.1-129.1","catch_line":"Repealed","url":"\/16.1-129.1\/","token":"16.1\/7\/2\/16.1-129.1","metadata":false},{"id":83450,"structure_id":14093,"section_number":"16.1-129.2","catch_line":"Procedure when warrant defective","url":"\/16.1-129.2\/","token":"16.1\/7\/2\/16.1-129.2","metadata":false},{"id":70984,"structure_id":14093,"section_number":"16.1-129.3","catch_line":"Repealed","url":"\/16.1-129.3\/","token":"16.1\/7\/2\/16.1-129.3","metadata":false},{"id":55553,"structure_id":14093,"section_number":"16.1-130","catch_line":"Repealed","url":"\/16.1-130\/","token":"16.1\/7\/2\/16.1-130","metadata":false},{"id":84532,"structure_id":14093,"section_number":"16.1-131","catch_line":"Subpoenas duces tecum and recognizances of witnesses; applicable provisions","url":"\/16.1-131\/","token":"16.1\/7\/2\/16.1-131","metadata":false},{"id":78480,"structure_id":14093,"section_number":"16.1-131.1","catch_line":"Procedure when constitutionality of a statute is challenged in a court not of record","url":"\/16.1-131.1\/","token":"16.1\/7\/2\/16.1-131.1","metadata":false},{"id":73603,"structure_id":14093,"section_number":"16.1-132","catch_line":"Right of appeal","url":"\/16.1-132\/","token":"16.1\/7\/2\/16.1-132","metadata":false},{"id":61066,"structure_id":14093,"section_number":"16.1-133","catch_line":"Withdrawal of appeal","url":"\/16.1-133\/","token":"16.1\/7\/2\/16.1-133","metadata":false},{"id":56683,"structure_id":14093,"section_number":"16.1-133.1","catch_line":"Reopening case after conviction","url":"\/16.1-133.1\/","token":"16.1\/7\/2\/16.1-133.1","metadata":false},{"id":56149,"structure_id":14093,"section_number":"16.1-134","catch_line":"Appeal by Commonwealth in revenue cases","url":"\/16.1-134\/","token":"16.1\/7\/2\/16.1-134","metadata":false},{"id":55218,"structure_id":14093,"section_number":"16.1-135","catch_line":"Bail and recognizance; papers filed with circuit court","url":"\/16.1-135\/","token":"16.1\/7\/2\/16.1-135","metadata":false},{"id":59714,"structure_id":14093,"section_number":"16.1-136","catch_line":"How appeal tried","url":"\/16.1-136\/","token":"16.1\/7\/2\/16.1-136","metadata":false},{"id":63822,"structure_id":14093,"section_number":"16.1-137","catch_line":"Procedure on appeal when warrant defective","url":"\/16.1-137\/","token":"16.1\/7\/2\/16.1-137","metadata":false},{"id":81625,"structure_id":14093,"section_number":"16.1-138","catch_line":"Repealed","url":"\/16.1-138\/","token":"16.1\/7\/2\/16.1-138","metadata":false}],"previous_section":{"id":73603,"structure_id":14093,"section_number":"16.1-132","catch_line":"Right of appeal","url":"\/16.1-132\/","token":"16.1\/7\/2\/16.1-132","metadata":false},"next_section":{"id":56683,"structure_id":14093,"section_number":"16.1-133.1","catch_line":"Reopening case after conviction","url":"\/16.1-133.1\/","token":"16.1\/7\/2\/16.1-133.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-133\/","history_text":"

This law was first created in 1956. The record of its establishment is cataloged in chapter 555 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1956 \u201cActs\u201d aren\u2019t available online. It has been modified 6 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1973, chapter 18; in 1974, chapter 228; in 1979, chapter 536; in 1982, chapter 366; in 1983, chapter 105; in 1990, chapter 25.<\/p>","references":[{"id":55218,"section_number":"16.1-135","catch_line":"Bail and recognizance; papers filed with circuit court","order_by":null,"url":"\/16.1-135\/"},{"id":71312,"section_number":"16.1-241","catch_line":"Jurisdiction; consent for abortion","order_by":null,"url":"\/16.1-241\/"},{"id":69430,"section_number":"17.1-513","catch_line":"Jurisdiction of circuit courts","order_by":null,"url":"\/17.1-513\/"}],"refers_to":[{"id":55218,"section_number":"16.1-135","catch_line":"Bail and recognizance; papers filed with circuit court","order_by":null,"url":"\/16.1-135\/"}],"permalink":{"id":162743,"object_type":"law","relational_id":61066,"identifier":"16.1-133","token":"16.1\/7\/2\/16.1-133","url":"\/16.1-133\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-133\/","token":"16.1\/7\/2\/16.1-133","dublin_core":{"Title":"Withdrawal of appeal","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-133","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Notwithstanding the provisions of \u00a7 16.1-135<\/a>, any person convicted in a general district court<\/span>, a juvenile and domestic relations district court<\/span>, or a court<\/span> of limited jurisdiction<\/span> of an offense<\/span> not felonious may, at any time before the appeal<\/span> is heard, withdraw an appeal<\/span> which has been noted, pay the fine and costs to such court<\/span>, and serve any sentence which has been imposed.\n\t\tA person withdrawing an appeal<\/span> shall give written notice of withdrawal to the court<\/span> and counsel<\/span> for the prosecution<\/span> prior to the hearing<\/span> date of the appeal<\/span>. If the appeal<\/span> is withdrawn more than ten days after conviction<\/span>, the circuit<\/span> court<\/span> shall forthwith enter an order<\/span> affirming the judgment<\/span> of the lower court<\/span> and the clerk shall tax the costs as provided by statute<\/span>. Fines and costs shall be collected by the circuit<\/span> court<\/span>, and all papers shall be retained in the circuit<\/span> court<\/span> clerk’s office.\n\t\tWhere the withdrawal is within ten days after conviction<\/span>, no additional costs shall be charged, and the judgment<\/span> of the lower court<\/span> shall be imposed without further action of the circuit<\/span> court<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nWITHDRAWAL OF APPEAL (\u00a7 16.1-133)\n\nNotwithstanding the provisions of \u00a7 16.1-135, any person convicted in a general\ndistrict court, a juvenile and domestic relations district court, or a court of\nlimited jurisdiction of an offense not felonious may, at any time before the\nappeal is heard, withdraw an appeal which has been noted, pay the fine and costs\nto such court, and serve any sentence which has been imposed.\n\t\tA person withdrawing an appeal shall give written notice of withdrawal to the\ncourt and counsel for the prosecution prior to the hearing date of the appeal.\nIf the appeal is withdrawn more than ten days after conviction, the circuit\ncourt shall forthwith enter an order affirming the judgment of the lower court\nand the clerk shall tax the costs as provided by statute. Fines and costs shall\nbe collected by the circuit court, and all papers shall be retained in the\ncircuit court clerk’s office.\n\t\tWhere the withdrawal is within ten days after conviction, no additional costs\nshall be charged, and the judgment of the lower court shall be imposed without\nfurther action of the circuit court.\n\nHISTORY: 1956, c. 555; 1973, c. 18; 1974, c. 228; 1979, c. 536; 1982, c. 366;\n1983, c. 105; 1990, c. 25.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}