{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-159.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-159.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-159.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-159.1.html"}],"law_id":59760,"edition_id":1,"section_id":59760,"structure_id":15038,"section_number":"19.2-159.1","catch_line":"Interrogation by court; filing; change in circumstances; investigation by attorney for Commonwealth","history":"Code 1950, \u00a7 19.1-241.3:1; 1975, c. 580; 1977, c. 6; 1981, c. 289; 1984, c. 709.","full_text":"A\n\nThe court shall thoroughly interrogate any person making the statement of indigency required in § 19.2-159 and shall further advise such person of the penalty which might result from false swearing, as provided in § 19.2-161.B\n\nThe statement and oath of the defendant shall be filed with the papers in the case, and shall follow and be in effect at all stages of the proceedings against him without further oath. In the event the defendant undergoes a change of circumstances so that he is no longer indigent, the defendant shall thereupon obtain private counsel and shall forthwith advise the court of the change of circumstances. The court shall grant reasonable continuance to allow counsel to be obtained and to prepare for trial. When private counsel has been retained, appointed counsel shall forthwith be relieved of further responsibility and compensated for his services, pro rata, pursuant to § 19.2-163.C\n\nUpon the request of the court, it shall be the duty of the attorney for the Commonwealth of the county or city in which such statement and oath was made to make an investigation as to the indigency of the defendant, or of any other person making such statement. The attorney for the Commonwealth is authorized to delegate the responsibility for such investigation to any subordinate in his office, or to any agency, state or local, which possesses the facilities to quickly make such investigation. Such investigation shall be reduced to writing and forwarded to the court in which the statement and oath was made within fourteen days after such request by the court is made. Such report shall be placed with the papers in the case.","order_by":null,"text":{"0":{"id":218839,"text":"The court shall thoroughly interrogate any person making the statement of indigency required in § 19.2-159 and shall further advise such person of the penalty which might result from false swearing, as provided in § 19.2-161.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":218840,"text":"The statement and oath of the defendant shall be filed with the papers in the case, and shall follow and be in effect at all stages of the proceedings against him without further oath. In the event the defendant undergoes a change of circumstances so that he is no longer indigent, the defendant shall thereupon obtain private counsel and shall forthwith advise the court of the change of circumstances. The court shall grant reasonable continuance to allow counsel to be obtained and to prepare for trial. When private counsel has been retained, appointed counsel shall forthwith be relieved of further responsibility and compensated for his services, pro rata, pursuant to § 19.2-163.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":218841,"text":"Upon the request of the court, it shall be the duty of the attorney for the Commonwealth of the county or city in which such statement and oath was made to make an investigation as to the indigency of the defendant, or of any other person making such statement. The attorney for the Commonwealth is authorized to delegate the responsibility for such investigation to any subordinate in his office, or to any agency, state or local, which possesses the facilities to quickly make such investigation. Such investigation shall be reduced to writing and forwarded to the court in which the statement and oath was made within fourteen days after such request by the court is made. Such report shall be placed with the papers in the case.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"ancestry":[{"id":15038,"edition_id":1,"name":"Appointment of Attorney for Accused","identifier":"3","label":"article","depth":3,"order_by":1,"parent_id":15037,"metadata":{},"date_created":"2026-06-26 03:51:40","date_modified":"2026-06-26 03:51:40","permalink":{"id":168341,"object_type":"structure","relational_id":15038,"identifier":"3","token":"19.2\/10\/3","url":"\/19.2\/10\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":15037,"edition_id":1,"name":"Disability of Judge or Attorney for Commonwealth; Court- Appointed Counsel; Interpreters; Transcripts","identifier":"10","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:51:40","date_modified":"2026-06-26 03:51:40","permalink":{"id":168319,"object_type":"structure","relational_id":15037,"identifier":"10","token":"19.2\/10","url":"\/19.2\/10\/","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":68516,"structure_id":15038,"section_number":"19.2-157","catch_line":"Duty of court when accused appears without counsel","url":"\/19.2-157\/","token":"19.2\/10\/3\/19.2-157","metadata":false},{"id":78329,"structure_id":15038,"section_number":"19.2-158","catch_line":"When person not free on bail shall be informed of right to counsel and amount of bail","url":"\/19.2-158\/","token":"19.2\/10\/3\/19.2-158","metadata":false},{"id":57328,"structure_id":15038,"section_number":"19.2-159","catch_line":"Determination of indigency; guidelines; statement of indigence; appointment of counsel","url":"\/19.2-159\/","token":"19.2\/10\/3\/19.2-159","metadata":false},{"id":59760,"structure_id":15038,"section_number":"19.2-159.1","catch_line":"Interrogation by court; filing; change in circumstances; investigation by attorney for Commonwealth","url":"\/19.2-159.1\/","token":"19.2\/10\/3\/19.2-159.1","metadata":false},{"id":66760,"structure_id":15038,"section_number":"19.2-160","catch_line":"Appointment of counsel or waiver of right","url":"\/19.2-160\/","token":"19.2\/10\/3\/19.2-160","metadata":false},{"id":69984,"structure_id":15038,"section_number":"19.2-160.1","catch_line":"Appointment of counsel in Class 1 felony cases or cases involving a felony punishable by a mandatory minimum term of confinement for life","url":"\/19.2-160.1\/","token":"19.2\/10\/3\/19.2-160.1","metadata":false},{"id":76242,"structure_id":15038,"section_number":"19.2-161","catch_line":"Penalty for false swearing with regard to statement of indigence","url":"\/19.2-161\/","token":"19.2\/10\/3\/19.2-161","metadata":false},{"id":61067,"structure_id":15038,"section_number":"19.2-162","catch_line":"Continuances to be granted if necessary","url":"\/19.2-162\/","token":"19.2\/10\/3\/19.2-162","metadata":false},{"id":80860,"structure_id":15038,"section_number":"19.2-163","catch_line":"Compensation of court-appointed counsel","url":"\/19.2-163\/","token":"19.2\/10\/3\/19.2-163","metadata":false}],"previous_section":{"id":57328,"structure_id":15038,"section_number":"19.2-159","catch_line":"Determination of indigency; guidelines; statement of indigence; appointment of counsel","url":"\/19.2-159\/","token":"19.2\/10\/3\/19.2-159","metadata":false},"next_section":{"id":66760,"structure_id":15038,"section_number":"19.2-160","catch_line":"Appointment of counsel or waiver of right","url":"\/19.2-160\/","token":"19.2\/10\/3\/19.2-160","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-159.1\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 4 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 1975, chapter 580; in 1977, chapter 6; in 1981, chapter 289; in 1984, chapter 709.<\/p>","references":false,"refers_to":[{"id":57328,"section_number":"19.2-159","catch_line":"Determination of indigency; guidelines; statement of indigence; appointment of counsel","order_by":null,"url":"\/19.2-159\/"}],"permalink":{"id":168355,"object_type":"law","relational_id":59760,"identifier":"19.2-159.1","token":"19.2\/10\/3\/19.2-159.1","url":"\/19.2-159.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-159.1\/","token":"19.2\/10\/3\/19.2-159.1","dublin_core":{"Title":"Interrogation by court; filing; change in circumstances; investigation by attorney for Commonwealth","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-159.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The court<\/span> shall thoroughly interrogate any person making the statement of indigency required in § 19.2-159<\/a> and shall further advise such person of the penalty<\/span> which might result from false swearing, as provided in § 19.2-161<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The statement and oath<\/span> of the defendant<\/span> shall be filed with the papers in the case, and shall follow and be in effect at all stages of the proceedings against him without further oath<\/span>. In the event the defendant<\/span> undergoes a change of circumstances so that he is no longer indigent<\/span>, the defendant<\/span> shall thereupon obtain private counsel<\/span> and shall forthwith advise the court<\/span> of the change of circumstances. The court<\/span> shall grant reasonable continuance<\/span> to allow counsel<\/span> to be obtained and to prepare for trial<\/span>. When private counsel<\/span> has been retained, appointed counsel<\/span> shall forthwith be relieved of further responsibility and compensated for his services, pro rata, pursuant to § 19.2-163<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Upon the request of the court<\/span>, it shall be the duty of the attorney for the Commonwealth of the county or city in which such statement and oath<\/span> was made to make an investigation as to the indigency of the defendant<\/span>, or of any other person making such statement. The attorney for the Commonwealth is authorized to delegate the responsibility for such investigation to any subordinate in his office, or to any agency, state or local, which possesses the facilities to quickly make such investigation. Such investigation shall be reduced to writing and forwarded to the court<\/span> in which the statement and oath<\/span> was made within fourteen days after such request by the court<\/span> is made. Such report shall be placed with the papers in the case. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nINTERROGATION BY COURT; FILING; CHANGE IN CIRCUMSTANCES; INVESTIGATION BY\nATTORNEY FOR COMMONWEALTH (\u00a7 19.2-159.1)\n\nA. The court shall thoroughly interrogate any person making the statement of\nindigency required in § 19.2-159 and shall further advise such person of\nthe penalty which might result from false swearing, as provided in §\n19.2-161.\n\nB. The statement and oath of the defendant shall be filed with the papers in the\ncase, and shall follow and be in effect at all stages of the proceedings against\nhim without further oath. In the event the defendant undergoes a change of\ncircumstances so that he is no longer indigent, the defendant shall thereupon\nobtain private counsel and shall forthwith advise the court of the change of\ncircumstances. The court shall grant reasonable continuance to allow counsel to\nbe obtained and to prepare for trial. When private counsel has been retained,\nappointed counsel shall forthwith be relieved of further responsibility and\ncompensated for his services, pro rata, pursuant to § 19.2-163.\n\nC. Upon the request of the court, it shall be the duty of the attorney for the\nCommonwealth of the county or city in which such statement and oath was made to\nmake an investigation as to the indigency of the defendant, or of any other\nperson making such statement. The attorney for the Commonwealth is authorized to\ndelegate the responsibility for such investigation to any subordinate in his\noffice, or to any agency, state or local, which possesses the facilities to\nquickly make such investigation. Such investigation shall be reduced to writing\nand forwarded to the court in which the statement and oath was made within\nfourteen days after such request by the court is made. Such report shall be\nplaced with the papers in the case.\n\nHISTORY: Code 1950, \u00a7 19.1-241.3:1; 1975, c. 580; 1977, c. 6; 1981, c. 289;\n1984, c. 709.","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}}