{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/16.1-69.40_2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/16.1-69.40_2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/16.1-69.40_2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/16.1-69.40_2.html"}],"law_id":54305,"edition_id":1,"section_id":54305,"structure_id":13317,"section_number":"16.1-69.40:2","catch_line":"Nontraffic offenses for which prepayment authorized; schedules, fines; prepayment of local ordinances","history":"1978, c. 605; 1989, c. 421; 2011, c. 694.","full_text":"A\n\nThe Supreme Court shall by rule, which may from time to time be amended, supplemented or repealed, but which shall be uniform in its application throughout the Commonwealth, designate the nontraffic offenses for which a pretrial waiver of appearance, plea of guilty and fine payment may be accepted. Such offenses shall not include:1\n\nIndictable offenses;2\n\nClass 1 or Class 2 misdemeanors;3\n\nOffenses which involve moral turpitude;4\n\nAny offenses involving injury to persons;5\n\nAny offense punishable by incarceration or by a fine of more than $500.B\n\nAn appearance may be made in person or in writing by mail to a clerk of court or in person before a magistrate, prior to any date fixed for trial in court. Any person so appearing may enter a waiver of trial and plea of guilty and pay the fine established for the offense charged, with costs. He shall, prior to the plea, waiver and payment, be informed of his right to stand trial and that his signature to a plea of guilty will have the same force and effect as a judgment of court.C\n\nThe Supreme Court, upon the recommendation of the Committee on District Courts, shall establish a schedule, within the limits prescribed by law, of the amounts of fines to be imposed upon prepayment of nontraffic offenses authorized as prepayable under subsection A, designating each offense specifically. The schedule, which may from time to time be amended, supplemented or repealed, shall be uniform in its application throughout the Commonwealth. Such schedule shall not be construed or interpreted so as to limit the discretion of any trial judge trying individual cases at the time fixed for trial. The Rule of the Court establishing the schedule shall be prominently posted in the place where the fines are paid. Fines and costs shall be paid in accordance with the provisions of this Code or any rules or regulations promulgated thereunder.D\n\nLocal ordinances fulfilling the criteria set out in subsection A may be prepayable in a like manner if such ordinances appear in a schedule entered by order of the local circuit courts. The chief judge of each circuit may establish a schedule of the fines, within the limits prescribed by local ordinances to be imposed for prepayment of local ordinances designating each offense specifically. Upon the entry of such order it shall be forwarded within 10 days to the Supreme Court of Virginia by the clerk of the local circuit court. The schedule, which may from time to time be amended, supplemented or repealed, shall be uniform in its application throughout the circuit. Such schedule shall not be construed or interpreted so as to limit the discretion of any trial judge trying individual cases at the time fixed for trial. This schedule shall be prominently posted in the place where the fines are paid. Fines and costs shall be paid in accordance with the provisions of this Code or any rules or regulations promulgated thereunder.","order_by":null,"text":{"0":{"id":199358,"text":"The Supreme Court shall by rule, which may from time to time be amended, supplemented or repealed, but which shall be uniform in its application throughout the Commonwealth, designate the nontraffic offenses for which a pretrial waiver of appearance, plea of guilty and fine payment may be accepted. Such offenses shall not include:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":199359,"text":"Indictable offenses;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":199360,"text":"Class 1 or Class 2 misdemeanors;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":199361,"text":"Offenses which involve moral turpitude;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":199362,"text":"Any offenses involving injury to persons;","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":199363,"text":"Any offense punishable by incarceration or by a fine of more than $500.","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"B"},"6":{"id":199364,"text":"An appearance may be made in person or in writing by mail to a clerk of court or in person before a magistrate, prior to any date fixed for trial in court. Any person so appearing may enter a waiver of trial and plea of guilty and pay the fine established for the offense charged, with costs. He shall, prior to the plea, waiver and payment, be informed of his right to stand trial and that his signature to a plea of guilty will have the same force and effect as a judgment of court.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A5","next_prefix":"C"},"7":{"id":199365,"text":"The Supreme Court, upon the recommendation of the Committee on District Courts, shall establish a schedule, within the limits prescribed by law, of the amounts of fines to be imposed upon prepayment of nontraffic offenses authorized as prepayable under subsection A, designating each offense specifically. The schedule, which may from time to time be amended, supplemented or repealed, shall be uniform in its application throughout the Commonwealth. Such schedule shall not be construed or interpreted so as to limit the discretion of any trial judge trying individual cases at the time fixed for trial. The Rule of the Court establishing the schedule shall be prominently posted in the place where the fines are paid. Fines and costs shall be paid in accordance with the provisions of this Code or any rules or regulations promulgated thereunder.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"8":{"id":199366,"text":"Local ordinances fulfilling the criteria set out in subsection A may be prepayable in a like manner if such ordinances appear in a schedule entered by order of the local circuit courts. The chief judge of each circuit may establish a schedule of the fines, within the limits prescribed by local ordinances to be imposed for prepayment of local ordinances designating each offense specifically. Upon the entry of such order it shall be forwarded within 10 days to the Supreme Court of Virginia by the clerk of the local circuit court. The schedule, which may from time to time be amended, supplemented or repealed, shall be uniform in its application throughout the circuit. Such schedule shall not be construed or interpreted so as to limit the discretion of any trial judge trying individual cases at the time fixed for trial. This schedule shall be prominently posted in the place where the fines are paid. Fines and costs shall be paid in accordance with the provisions of this Code or any rules or regulations promulgated thereunder.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":13317,"edition_id":1,"name":"Judges and Personnel of the District Courts","identifier":"4","label":"article","depth":3,"order_by":1,"parent_id":13142,"metadata":{},"date_created":"2026-06-26 03:44:38","date_modified":"2026-06-26 03:44:38","permalink":{"id":162209,"object_type":"structure","relational_id":13317,"identifier":"4","token":"16.1\/4.1\/4","url":"\/16.1\/4.1\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13142,"edition_id":1,"name":"District Courts","identifier":"4.1","label":"chapter","depth":2,"order_by":1,"parent_id":12700,"metadata":{},"date_created":"2026-06-26 03:44:21","date_modified":"2026-06-26 03:44:21","permalink":{"id":161993,"object_type":"structure","relational_id":13142,"identifier":"4.1","token":"16.1\/4.1","url":"\/16.1\/4.1\/","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":62755,"structure_id":13317,"section_number":"16.1-69.37","catch_line":"Personnel continued in office","url":"\/16.1-69.37\/","token":"16.1\/4.1\/4\/16.1-69.37","metadata":false},{"id":79551,"structure_id":13317,"section_number":"16.1-69.38","catch_line":"Authorization for substitute judges and personnel","url":"\/16.1-69.38\/","token":"16.1\/4.1\/4\/16.1-69.38","metadata":false},{"id":67637,"structure_id":13317,"section_number":"16.1-69.39","catch_line":"Appointment of personnel","url":"\/16.1-69.39\/","token":"16.1\/4.1\/4\/16.1-69.39","metadata":false},{"id":80949,"structure_id":13317,"section_number":"16.1-69.39:1","catch_line":"Legal service to district court employees and magistrates","url":"\/16.1-69.39_1\/","token":"16.1\/4.1\/4\/16.1-69.39_1","metadata":false},{"id":57017,"structure_id":13317,"section_number":"16.1-69.40","catch_line":"Powers and duties of clerks; civil liability","url":"\/16.1-69.40\/","token":"16.1\/4.1\/4\/16.1-69.40","metadata":false},{"id":78789,"structure_id":13317,"section_number":"16.1-69.40:1","catch_line":"Traffic infractions within authority of traffic violations clerk; schedule of fines; prepayment of local ordinances","url":"\/16.1-69.40_1\/","token":"16.1\/4.1\/4\/16.1-69.40_1","metadata":false},{"id":54305,"structure_id":13317,"section_number":"16.1-69.40:2","catch_line":"Nontraffic offenses for which prepayment authorized; schedules, fines; prepayment of local ordinances","url":"\/16.1-69.40_2\/","token":"16.1\/4.1\/4\/16.1-69.40_2","metadata":false},{"id":78148,"structure_id":13317,"section_number":"16.1-69.40:3","catch_line":"Financial responsibilities of judges and clerks","url":"\/16.1-69.40_3\/","token":"16.1\/4.1\/4\/16.1-69.40_3","metadata":false},{"id":82815,"structure_id":13317,"section_number":"16.1-69.41","catch_line":"Repealed","url":"\/16.1-69.41\/","token":"16.1\/4.1\/4\/16.1-69.41","metadata":false},{"id":55785,"structure_id":13317,"section_number":"16.1-69.42","catch_line":"Clerk when authorized by judge may execute appeal bonds; may make out and attest transcripts","url":"\/16.1-69.42\/","token":"16.1\/4.1\/4\/16.1-69.42","metadata":false},{"id":85799,"structure_id":13317,"section_number":"16.1-69.43","catch_line":"Judge before whom accused was arraigned may hear case on merits; judge who has heard part of case may hear case to conclusion","url":"\/16.1-69.43\/","token":"16.1\/4.1\/4\/16.1-69.43","metadata":false}],"previous_section":{"id":78789,"structure_id":13317,"section_number":"16.1-69.40:1","catch_line":"Traffic infractions within authority of traffic violations clerk; schedule of fines; prepayment of local ordinances","url":"\/16.1-69.40_1\/","token":"16.1\/4.1\/4\/16.1-69.40_1","metadata":false},"next_section":{"id":78148,"structure_id":13317,"section_number":"16.1-69.40:3","catch_line":"Financial responsibilities of judges and clerks","url":"\/16.1-69.40_3\/","token":"16.1\/4.1\/4\/16.1-69.40_3","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/16.1-69.40:2\/","history_text":"

This law was first created in 1978. The record of its establishment is cataloged in chapter 605 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 1978 \u201cActs\u201d aren\u2019t available online. It has been modified 2 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 1989, chapter 421; in 2011, chapter 694<\/a>.<\/p>","references":[{"id":53970,"section_number":"19.2-254.2","catch_line":"Procedure in nontraffic offenses for which prepayment is authorized","order_by":null,"url":"\/19.2-254.2\/"}],"refers_to":false,"permalink":{"id":162235,"object_type":"law","relational_id":54305,"identifier":"16.1-69.40:2","token":"16.1\/4.1\/4\/16.1-69.40_2","url":"\/16.1-69.40_2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/16.1-69.40_2\/","token":"16.1\/4.1\/4\/16.1-69.40_2","dublin_core":{"Title":"Nontraffic offenses for which prepayment authorized; schedules, fines; prepayment of local ordinances","Type":"Text","Format":"text\/html","Identifier":"\u00a7 16.1-69.40:2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The Supreme Court<\/span> shall by rule, which may from time to time be amended, supplemented or repealed, but which shall be uniform in its application throughout the Commonwealth, designate the nontraffic offenses<\/span> for which a pretrial waiver<\/span> of appearance<\/span>, plea<\/span> of guilty and fine payment may be accepted. Such offenses<\/span> shall not include: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Indictable offenses<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Class 1 or Class 2 misdemeanors<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Offenses<\/span> which involve moral turpitude<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Any offenses<\/span> involving injury to persons; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> Any offense<\/span> punishable by incarceration or by a fine of more than $500. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> An appearance<\/span> may be made in person or in writing by mail to a clerk of court<\/span> or in person before a magistrate<\/span>, prior to any date fixed for trial<\/span> in court. Any person so appearing may enter a waiver<\/span> of trial<\/span> and plea<\/span> of guilty and pay the fine established for the offense<\/span> charged, with costs. He shall, prior to the plea<\/span>, waiver<\/span> and payment, be informed of his right to stand trial<\/span> and that his signature to a plea<\/span> of guilty will have the same force and effect as a judgment<\/span> of court. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Supreme Court, upon the recommendation of the Committee on District Courts<\/span>, shall establish a schedule, within the limits prescribed by law<\/span>, of the amounts of fines to be imposed upon prepayment of nontraffic offenses<\/span> authorized as prepayable under subsection A, designating each offense<\/span> specifically. The schedule, which may from time to time be amended, supplemented or repealed, shall be uniform in its application throughout the Commonwealth. Such schedule shall not be construed or interpreted so as to limit the discretion of any trial<\/span> judge<\/span> trying individual cases at the time fixed for trial<\/span>. The Rule of the Court establishing the schedule shall be prominently posted in the place where the fines are paid. Fines and costs shall be paid in accordance with the provisions of this Code or any rules or regulations promulgated thereunder. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Local ordinances<\/span> fulfilling the criteria set out in subsection A may be prepayable in a like manner if such ordinances<\/span> appear in a schedule entered by order<\/span> of the local circuit<\/span> courts<\/span>. The chief judge<\/span> of each circuit<\/span> may establish a schedule of the fines, within the limits prescribed by local ordinances<\/span> to be imposed for prepayment of local ordinances<\/span> designating each offense<\/span> specifically. Upon the entry of such order<\/span> it shall be forwarded within 10 days to the Supreme Court of Virginia by the clerk of the local circuit<\/span> court. The schedule, which may from time to time be amended, supplemented or repealed, shall be uniform in its application throughout the circuit<\/span>. Such schedule shall not be construed or interpreted so as to limit the discretion of any trial<\/span> judge trying individual cases at the time fixed for trial<\/span>. This schedule shall be prominently posted in the place where the fines are paid. Fines and costs shall be paid in accordance with the provisions of this Code or any rules or regulations promulgated thereunder. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nNONTRAFFIC OFFENSES FOR WHICH PREPAYMENT AUTHORIZED; SCHEDULES, FINES;\nPREPAYMENT OF LOCAL ORDINANCES (\u00a7 16.1-69.40:2)\n\nA. The Supreme Court shall by rule, which may from time to time be amended,\nsupplemented or repealed, but which shall be uniform in its application\nthroughout the Commonwealth, designate the nontraffic offenses for which a\npretrial waiver of appearance, plea of guilty and fine payment may be accepted.\nSuch offenses shall not include:\n\n 1. Indictable offenses;\n\n 2. Class 1 or Class 2 misdemeanors;\n\n 3. Offenses which involve moral turpitude;\n\n 4. Any offenses involving injury to persons;\n\n 5. Any offense punishable by incarceration or by a fine of more than $500.\n\nB. An appearance may be made in person or in writing by mail to a clerk of court\nor in person before a magistrate, prior to any date fixed for trial in court.\nAny person so appearing may enter a waiver of trial and plea of guilty and pay\nthe fine established for the offense charged, with costs. He shall, prior to the\nplea, waiver and payment, be informed of his right to stand trial and that his\nsignature to a plea of guilty will have the same force and effect as a judgment\nof court.\n\nC. The Supreme Court, upon the recommendation of the Committee on District\nCourts, shall establish a schedule, within the limits prescribed by law, of the\namounts of fines to be imposed upon prepayment of nontraffic offenses authorized\nas prepayable under subsection A, designating each offense specifically. The\nschedule, which may from time to time be amended, supplemented or repealed,\nshall be uniform in its application throughout the Commonwealth. Such schedule\nshall not be construed or interpreted so as to limit the discretion of any trial\njudge trying individual cases at the time fixed for trial. The Rule of the Court\nestablishing the schedule shall be prominently posted in the place where the\nfines are paid. Fines and costs shall be paid in accordance with the provisions\nof this Code or any rules or regulations promulgated thereunder.\n\nD. Local ordinances fulfilling the criteria set out in subsection A may be\nprepayable in a like manner if such ordinances appear in a schedule entered by\norder of the local circuit courts. The chief judge of each circuit may establish\na schedule of the fines, within the limits prescribed by local ordinances to be\nimposed for prepayment of local ordinances designating each offense\nspecifically. Upon the entry of such order it shall be forwarded within 10 days\nto the Supreme Court of Virginia by the clerk of the local circuit court. The\nschedule, which may from time to time be amended, supplemented or repealed,\nshall be uniform in its application throughout the circuit. Such schedule shall\nnot be construed or interpreted so as to limit the discretion of any trial judge\ntrying individual cases at the time fixed for trial. This schedule shall be\nprominently posted in the place where the fines are paid. Fines and costs shall\nbe paid in accordance with the provisions of this Code or any rules or\nregulations promulgated thereunder.\n\nHISTORY: 1978, c. 605; 1989, c. 421; 2011, c. 694.","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}}