{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-137.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-137.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-137.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-137.html"}],"law_id":63822,"edition_id":1,"section_id":63822,"structure_id":14093,"section_number":"16.1-137","catch_line":"Procedure on appeal when warrant defective","history":"1956, c. 555; 1958, c. 399.","full_text":"Upon the trial of the warrant on appeal the court may, upon its own motion or upon the request either of the attorney for the prosecution or for the accused, amend the form of the warrant in any respect in which it appears to be defective. But when the warrant is so defective in form that it does not substantially appear from the same what is the offense with which the accused is charged, or even when it is not so seriously defective, the judge of the court having examined on oath the original complainant, if there be one, or if he sees good reason to believe that an offense has been committed, then without examination of witnesses, may issue under his own hand his warrant reciting the offense and requiring the defendant in the original warrant to be arrested and brought before him. Upon the arrest of the defendant on the new warrant and his production or appearance in court the trial shall proceed upon the new warrant. When there is an amendment of the original warrant the trial shall proceed on the amended warrant. But whether the warrant is amended or a new warrant is issued, the court before proceeding to trial on the same may grant a continuance to the prosecution or to the defendant upon such terms as to costs as may be proper under the circumstances of the case; provided, however, that if the warrant be amended or if a new warrant be issued after any evidence has been heard, the accused shall be entitled to a continuance as a matter of right.\n\t\tWhen a warrant is amended or a new warrant is issued the costs already accrued shall be taxed against the defendant, if he is ultimately convicted, as a part of the costs arising under the new or amended warrant.","order_by":null,"text":{"0":{"id":232519,"text":"Upon the trial of the warrant on appeal the court may, upon its own motion or upon the request either of the attorney for the prosecution or for the accused, amend the form of the warrant in any respect in which it appears to be defective. But when the warrant is so defective in form that it does not substantially appear from the same what is the offense with which the accused is charged, or even when it is not so seriously defective, the judge of the court having examined on oath the original complainant, if there be one, or if he sees good reason to believe that an offense has been committed, then without examination of witnesses, may issue under his own hand his warrant reciting the offense and requiring the defendant in the original warrant to be arrested and brought before him. Upon the arrest of the defendant on the new warrant and his production or appearance in court the trial shall proceed upon the new warrant. When there is an amendment of the original warrant the trial shall proceed on the amended warrant. But whether the warrant is amended or a new warrant is issued, the court before proceeding to trial on the same may grant a continuance to the prosecution or to the defendant upon such terms as to costs as may be proper under the circumstances of the case; provided, however, that if the warrant be amended or if a new warrant be issued after any evidence has been heard, the accused shall be entitled to a continuance as a matter of right.\n\t\tWhen a warrant is amended or a new warrant is issued the costs already accrued shall be taxed against the defendant, if he is ultimately convicted, as a part of the costs arising under the new or amended warrant.","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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-137\/","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 1 time. 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. That modification is as follows: in 1958, chapter 399.<\/p>","references":[{"id":81859,"section_number":"16.1-296","catch_line":"Jurisdiction of appeals; procedure","order_by":null,"url":"\/16.1-296\/"}],"refers_to":false,"permalink":{"id":162763,"object_type":"law","relational_id":63822,"identifier":"16.1-137","token":"16.1\/7\/2\/16.1-137","url":"\/16.1-137\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-137\/","token":"16.1\/7\/2\/16.1-137","dublin_core":{"Title":"Procedure on appeal when warrant defective","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-137","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Upon the trial<\/span> of the warrant on appeal<\/span> the court<\/span> may, upon its own motion<\/span> or upon the request either of the attorney for the prosecution<\/span> or for the accused<\/span>, amend<\/span> the form of the warrant in any respect in which it appears to be defective. But when the warrant is so defective in form that it does not substantially appear from the same what is the offense<\/span> with which the accused<\/span> is charged, or even when it is not so seriously defective, the judge<\/span> of the court<\/span> having examined on oath<\/span> the original complainant, if there be one, or if he sees good reason to believe that an offense<\/span> has been committed, then without examination of witnesses, may issue<\/span> under his own hand his warrant reciting the offense<\/span> and requiring the defendant<\/span> in the original warrant to be arrested and brought before him. Upon the arrest<\/span> of the defendant<\/span> on the new warrant and his production or appearance<\/span> in court<\/span> the trial<\/span> shall proceed upon the new warrant. When there is an amendment of the original warrant the trial<\/span> shall proceed on the amended warrant. But whether the warrant is amended or a new warrant is issued, the court<\/span> before proceeding to trial<\/span> on the same may grant a continuance<\/span> to the prosecution<\/span> or to the defendant<\/span> upon such terms as to costs as may be proper under the circumstances of the case; provided, however, that if the warrant be amended or if a new warrant be issued after any evidence<\/span> has been heard, the accused<\/span> shall be entitled to a continuance<\/span> as a matter of right.\n\t\tWhen a warrant is amended or a new warrant is issued the costs already accrued shall be taxed against the defendant<\/span>, if he is ultimately convicted, as a part of the costs arising under the new or amended warrant.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROCEDURE ON APPEAL WHEN WARRANT DEFECTIVE (\u00a7 16.1-137)\n\nUpon the trial of the warrant on appeal the court may, upon its own motion or\nupon the request either of the attorney for the prosecution or for the accused,\namend the form of the warrant in any respect in which it appears to be\ndefective. But when the warrant is so defective in form that it does not\nsubstantially appear from the same what is the offense with which the accused is\ncharged, or even when it is not so seriously defective, the judge of the court\nhaving examined on oath the original complainant, if there be one, or if he sees\ngood reason to believe that an offense has been committed, then without\nexamination of witnesses, may issue under his own hand his warrant reciting the\noffense and requiring the defendant in the original warrant to be arrested and\nbrought before him. Upon the arrest of the defendant on the new warrant and his\nproduction or appearance in court the trial shall proceed upon the new warrant.\nWhen there is an amendment of the original warrant the trial shall proceed on\nthe amended warrant. But whether the warrant is amended or a new warrant is\nissued, the court before proceeding to trial on the same may grant a continuance\nto the prosecution or to the defendant upon such terms as to costs as may be\nproper under the circumstances of the case; provided, however, that if the\nwarrant be amended or if a new warrant be issued after any evidence has been\nheard, the accused shall be entitled to a continuance as a matter of right.\n\t\tWhen a warrant is amended or a new warrant is issued the costs already accrued\nshall be taxed against the defendant, if he is ultimately convicted, as a part\nof the costs arising under the new or amended warrant.\n\nHISTORY: 1956, c. 555; 1958, c. 399.","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}}