{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-128.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-128.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-128.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-128.html"}],"law_id":78904,"edition_id":1,"section_id":78904,"structure_id":14929,"section_number":"19.2-128","catch_line":"Penalties for failure to appear","history":"Code 1950, \u00a7 19.1-109.7; 1973, c. 485; 1975, c. 495; 1981, c. 382; 1982, c. 271; 1999, c. 821; 2024, c. 109.","full_text":"A\n\nWhoever, having been released pursuant to this chapter or § 19.2-319 or on a summons pursuant to § 19.2-73 or 19.2-74, willfully fails to appear before any court or judicial officer as required, shall, after notice to all interested parties, incur a forfeiture of any security that may have been given or pledged for his release, unless one of the parties can show good cause for excusing the absence, or unless the court, in its sound discretion, shall determine that neither the interests of justice nor the power of the court to conduct orderly proceedings will be served by such forfeiture.B\n\nAny person (i) charged with a felony offense or (ii) convicted of a felony offense and execution of sentence is suspended pursuant to § 19.2-319 who willfully fails to appear before any court as required is guilty of a Class 6 felony.C\n\nAny person (i) charged with a misdemeanor offense or (ii) convicted of a misdemeanor offense and execution of sentence is suspended pursuant to § 19.2-319 who willfully fails to appear before any court as required is guilty of a Class 1 misdemeanor.D\n\nThe provisions of this section shall not apply to any person who is (i) incarcerated in any correctional facility or (ii) (a) detained in any state or federal facility or (b) in the custody of a law-enforcement officer at the time such person is required to appear before any court or judicial officer.","order_by":null,"text":{"0":{"id":282601,"text":"Whoever, having been released pursuant to this chapter or § 19.2-319 or on a summons pursuant to § 19.2-73 or 19.2-74, willfully fails to appear before any court or judicial officer as required, shall, after notice to all interested parties, incur a forfeiture of any security that may have been given or pledged for his release, unless one of the parties can show good cause for excusing the absence, or unless the court, in its sound discretion, shall determine that neither the interests of justice nor the power of the court to conduct orderly proceedings will be served by such forfeiture.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":282602,"text":"Any person (i) charged with a felony offense or (ii) convicted of a felony offense and execution of sentence is suspended pursuant to § 19.2-319 who willfully fails to appear before any court as required is guilty of a Class 6 felony.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":282603,"text":"Any person (i) charged with a misdemeanor offense or (ii) convicted of a misdemeanor offense and execution of sentence is suspended pursuant to § 19.2-319 who willfully fails to appear before any court as required is guilty of a Class 1 misdemeanor.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":282604,"text":"The provisions of this section shall not apply to any person who is (i) incarcerated in any correctional facility or (ii) (a) detained in any state or federal facility or (b) in the custody of a law-enforcement officer at the time such person is required to appear before any court or judicial officer.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":14929,"edition_id":1,"name":"Bail","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":12917,"metadata":{},"date_created":"2026-06-26 03:50:51","date_modified":"2026-06-26 03:50:51","permalink":{"id":171211,"object_type":"structure","relational_id":14929,"identifier":"1","token":"19.2\/9\/1","url":"\/19.2\/9\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12917,"edition_id":1,"name":"Bail and Recognizances","identifier":"9","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:44:01","date_modified":"2026-06-26 03:44:01","permalink":{"id":171209,"object_type":"structure","relational_id":12917,"identifier":"9","token":"19.2\/9","url":"\/19.2\/9\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":61367,"structure_id":14929,"section_number":"19.2-119","catch_line":"Definitions","url":"\/19.2-119\/","token":"19.2\/9\/1\/19.2-119","metadata":false},{"id":57923,"structure_id":14929,"section_number":"19.2-120","catch_line":"Admission to bail","url":"\/19.2-120\/","token":"19.2\/9\/1\/19.2-120","metadata":false},{"id":63951,"structure_id":14929,"section_number":"19.2-120.1","catch_line":"Repealed","url":"\/19.2-120.1\/","token":"19.2\/9\/1\/19.2-120.1","metadata":false},{"id":76391,"structure_id":14929,"section_number":"19.2-121","catch_line":"Fixing terms of 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arrest","url":"\/19.2-130\/","token":"19.2\/9\/1\/19.2-130","metadata":false},{"id":71604,"structure_id":14929,"section_number":"19.2-130.1","catch_line":"Bail terms set by court on a capias to be honored by magistrate","url":"\/19.2-130.1\/","token":"19.2\/9\/1\/19.2-130.1","metadata":false},{"id":56973,"structure_id":14929,"section_number":"19.2-131","catch_line":"Bail for person held in jurisdiction other than that of trial","url":"\/19.2-131\/","token":"19.2\/9\/1\/19.2-131","metadata":false},{"id":57999,"structure_id":14929,"section_number":"19.2-132","catch_line":"Motion to increase amount of bond fixed by judicial officer; when bond may be increased","url":"\/19.2-132\/","token":"19.2\/9\/1\/19.2-132","metadata":false},{"id":84221,"structure_id":14929,"section_number":"19.2-132.1","catch_line":"Repealed","url":"\/19.2-132.1\/","token":"19.2\/9\/1\/19.2-132.1","metadata":false},{"id":87032,"structure_id":14929,"section_number":"19.2-134","catch_line":"When bail piece to be delivered to accused; form of bail piece","url":"\/19.2-134\/","token":"19.2\/9\/1\/19.2-134","metadata":false},{"id":81348,"structure_id":14929,"section_number":"19.2-134.1","catch_line":"Collection and reporting of data related to adults charged with a criminal offense punishable by confinement in jail or a term of imprisonment","url":"\/19.2-134.1\/","token":"19.2\/9\/1\/19.2-134.1","metadata":false}],"previous_section":{"id":85269,"structure_id":14929,"section_number":"19.2-127","catch_line":"Conditions of release of material witness","url":"\/19.2-127\/","token":"19.2\/9\/1\/19.2-127","metadata":false},"next_section":{"id":71774,"structure_id":14929,"section_number":"19.2-129","catch_line":"Power of court to punish for contempt","url":"\/19.2-129\/","token":"19.2\/9\/1\/19.2-129","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-128\/","history_text":"

The record of this law\u2019s original creation isn\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 485; in 1975, chapter 495; in 1981, chapter 382; in 1982, chapter 271; in 1999, chapter 821<\/a>; in 2024, chapter 109<\/a>.<\/p>","references":[{"id":70926,"section_number":"18.2-456","catch_line":"Cases in which courts and judges may punish summarily for contempt","order_by":null,"url":"\/18.2-456\/"},{"id":71774,"section_number":"19.2-129","catch_line":"Power of court to punish for contempt","order_by":null,"url":"\/19.2-129\/"},{"id":85695,"section_number":"19.2-169.1","catch_line":"Raising question of competency to stand trial or plead; evaluation and determination of competency","order_by":null,"url":"\/19.2-169.1\/"},{"id":66444,"section_number":"19.2-169.2","catch_line":"Disposition when defendant found incompetent","order_by":null,"url":"\/19.2-169.2\/"},{"id":62110,"section_number":"19.2-73","catch_line":"Issuance of summons instead of warrant in certain cases","order_by":null,"url":"\/19.2-73\/"},{"id":57508,"section_number":"19.2-74","catch_line":"Issuance and service of summons in place of warrant in misdemeanor case; issuance of summons by special conservators of the peace","order_by":null,"url":"\/19.2-74\/"},{"id":80529,"section_number":"19.2-76","catch_line":"Execution and return of warrant, capias or summons; arrest outside county or city where charge is to be tried","order_by":null,"url":"\/19.2-76\/"}],"refers_to":[{"id":79572,"section_number":"19.2-319","catch_line":"When execution of sentence to be suspended; bail; appeal from denial","order_by":null,"url":"\/19.2-319\/"},{"id":62110,"section_number":"19.2-73","catch_line":"Issuance of summons instead of warrant in certain cases","order_by":null,"url":"\/19.2-73\/"},{"id":57508,"section_number":"19.2-74","catch_line":"Issuance and service of summons in place of warrant in misdemeanor case; issuance of summons by special conservators of the peace","order_by":null,"url":"\/19.2-74\/"}],"permalink":{"id":171253,"object_type":"law","relational_id":78904,"identifier":"19.2-128","token":"19.2\/9\/1\/19.2-128","url":"\/19.2-128\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-128\/","token":"19.2\/9\/1\/19.2-128","dublin_core":{"Title":"Penalties for failure to appear","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-128","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Whoever, having been released pursuant to this chapter or § 19.2-319<\/a> or on a summons<\/span> pursuant to § 19.2-73<\/a> or 19.2-74<\/a>, willfully fails to appear before any court<\/span> or judicial officer as required, shall, after notice to all interested parties, incur a forfeiture of any security that may have been given or pledged for his release, unless one of the parties can show good cause for excusing the absence, or unless the court<\/span>, in its sound discretion, shall determine that neither the interests of justice nor the power of the court<\/span> to conduct orderly proceedings will be served by such forfeiture. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any person<\/span> (i) charged with a felony<\/span> offense<\/span> or (ii) convicted of a felony<\/span> offense<\/span> and execution of sentence is suspended pursuant to § 19.2-319<\/a> who willfully fails to appear before any court<\/span> as required is guilty of a Class 6 felony<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any person<\/span> (i) charged with a misdemeanor<\/span> offense<\/span> or (ii) convicted of a misdemeanor<\/span> offense<\/span> and execution of sentence is suspended pursuant to § 19.2-319<\/a> who willfully fails to appear before any court<\/span> as required is guilty of a Class 1 misdemeanor<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The provisions of this section shall not apply to any person<\/span> who is (i) incarcerated in any correctional facility or (ii) (a) detained in any state or federal facility or (b) in the custody<\/span> of a law<\/span>-enforcement officer at the time such person<\/span> is required to appear before any court<\/span> or judicial officer. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPENALTIES FOR FAILURE TO APPEAR (\u00a7 19.2-128)\n\nA. Whoever, having been released pursuant to this chapter or § 19.2-319 or\non a summons pursuant to § 19.2-73 or 19.2-74, willfully fails to appear\nbefore any court or judicial officer as required, shall, after notice to all\ninterested parties, incur a forfeiture of any security that may have been given\nor pledged for his release, unless one of the parties can show good cause for\nexcusing the absence, or unless the court, in its sound discretion, shall\ndetermine that neither the interests of justice nor the power of the court to\nconduct orderly proceedings will be served by such forfeiture.\n\nB. Any person (i) charged with a felony offense or (ii) convicted of a felony\noffense and execution of sentence is suspended pursuant to § 19.2-319 who\nwillfully fails to appear before any court as required is guilty of a Class 6\nfelony.\n\nC. Any person (i) charged with a misdemeanor offense or (ii) convicted of a\nmisdemeanor offense and execution of sentence is suspended pursuant to §\n19.2-319 who willfully fails to appear before any court as required is guilty of\na Class 1 misdemeanor.\n\nD. The provisions of this section shall not apply to any person who is (i)\nincarcerated in any correctional facility or (ii) (a) detained in any state or\nfederal facility or (b) in the custody of a law-enforcement officer at the time\nsuch person is required to appear before any court or judicial officer.\n\nHISTORY: Code 1950, \u00a7 19.1-109.7; 1973, c. 485; 1975, c. 495; 1981, c. 382;\n1982, c. 271; 1999, c. 821; 2024, c. 109.","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}}