{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-160.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-160.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-160.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-160.html"}],"law_id":66760,"edition_id":1,"section_id":66760,"structure_id":15038,"section_number":"19.2-160","catch_line":"Appointment of counsel or waiver of right","history":"Code 1950, \u00a7 19.1-241.9; 1973, c. 316; 1975, c. 495; 1978, c. 365; 1979, c. 468; 1983, c. 97; 1989, c. 385.","full_text":"If the charge against the accused is a crime the penalty for which may be incarceration, and the accused is not represented by counsel, the court shall ascertain by oral examination of the accused whether or not the accused desires to waive his right to counsel.\n\t\tIn the event the accused desires to waive his right to counsel, and the court ascertains that such waiver is voluntary and intelligently made, then the court shall provide the accused with a statement to be executed by the accused to document his waiver. The statement shall be in a form designed and provided by the Supreme Court. Any executed statement herein provided for shall be filed with and become a part of the record of such proceeding.\n\t\tIn the absence of a waiver of counsel by the accused, and if he shall claim that he is indigent, the court shall proceed in the same manner as is provided in \u00a7 19.2-159.\n\t\tShould the defendant refuse or otherwise fail to sign either of the statements described in this section and \u00a7 19.2-159, the court shall note such refusal on the record. Such refusal shall be deemed to be a waiver of the right to counsel, and the court, after so advising the accused and offering him the opportunity to rescind his refusal shall, if such refusal is not rescinded and the accused’s signature given, proceed to hear and decide the case. However, if, prior to the commencement of the trial, the court states in writing, either upon the request of the attorney for the Commonwealth or, in the absence of the attorney for the Commonwealth, upon the court’s own motion, that a sentence of incarceration will not be imposed if the defendant is convicted, the court may try the case without appointing counsel, and in such event no sentence of incarceration shall be imposed.","order_by":null,"text":{"0":{"id":242148,"text":"If the charge against the accused is a crime the penalty for which may be incarceration, and the accused is not represented by counsel, the court shall ascertain by oral examination of the accused whether or not the accused desires to waive his right to counsel.\n\t\tIn the event the accused desires to waive his right to counsel, and the court ascertains that such waiver is voluntary and intelligently made, then the court shall provide the accused with a statement to be executed by the accused to document his waiver. The statement shall be in a form designed and provided by the Supreme Court. Any executed statement herein provided for shall be filed with and become a part of the record of such proceeding.\n\t\tIn the absence of a waiver of counsel by the accused, and if he shall claim that he is indigent, the court shall proceed in the same manner as is provided in \u00a7 19.2-159.\n\t\tShould the defendant refuse or otherwise fail to sign either of the statements described in this section and \u00a7 19.2-159, the court shall note such refusal on the record. Such refusal shall be deemed to be a waiver of the right to counsel, and the court, after so advising the accused and offering him the opportunity to rescind his refusal shall, if such refusal is not rescinded and the accused’s signature given, proceed to hear and decide the case. However, if, prior to the commencement of the trial, the court states in writing, either upon the request of the attorney for the Commonwealth or, in the absence of the attorney for the Commonwealth, upon the court’s own motion, that a sentence of incarceration will not be imposed if the defendant is convicted, the court may try the case without appointing counsel, and in such event no sentence of incarceration shall be imposed.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-160\/","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 316; in 1975, chapter 495; in 1978, chapter 365; in 1979, chapter 468; in 1983, chapter 97; in 1989, chapter 385.<\/p>","references":[{"id":78366,"section_number":"16.1-266","catch_line":"Appointment of counsel and guardian ad litem","order_by":null,"url":"\/16.1-266\/"},{"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\/"}],"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":168359,"object_type":"law","relational_id":66760,"identifier":"19.2-160","token":"19.2\/10\/3\/19.2-160","url":"\/19.2-160\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-160\/","token":"19.2\/10\/3\/19.2-160","dublin_core":{"Title":"Appointment of counsel or waiver of right","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-160","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

If the charge against the accused<\/span> is a crime<\/span> the penalty<\/span> for which may be incarceration, and the accused<\/span> is not represented by counsel<\/span>, the court<\/span> shall ascertain by oral examination of the accused<\/span> whether or not the accused<\/span> desires to waive<\/span> his right to counsel<\/span>.\n\t\tIn the event the accused<\/span> desires to waive<\/span> his right to counsel<\/span>, and the court<\/span> ascertains that such waiver<\/span> is voluntary and intelligently made, then the court<\/span> shall provide the accused<\/span> with a statement to be executed by the accused<\/span> to document his waiver<\/span>. The statement shall be in a form designed and provided by the Supreme Court<\/span>. Any executed statement herein provided for shall be filed with and become a part of the record of such proceeding.\n\t\tIn the absence of a waiver<\/span> of counsel<\/span> by the accused<\/span>, and if he shall claim that he is indigent<\/span>, the court<\/span> shall proceed in the same manner as is provided in \u00a7 19.2-159<\/a>.\n\t\tShould the defendant<\/span> refuse or otherwise fail to sign either of the statements described in this section and \u00a7 19.2-159<\/a>, the court<\/span> shall note such refusal on the record. Such refusal shall be deemed to be a waiver<\/span> of the right to counsel<\/span>, and the court<\/span>, after so advising the accused<\/span> and offering him the opportunity to rescind his refusal shall, if such refusal is not rescinded and the accused<\/span>’s signature given, proceed to hear and decide the case. However, if, prior to the commencement of the trial<\/span>, the court<\/span> states in writing, either upon the request of the attorney for the Commonwealth or, in the absence of the attorney for the Commonwealth, upon the court<\/span>’s own motion<\/span>, that a sentence of incarceration will not be imposed if the defendant<\/span> is convicted, the court<\/span> may try the case without appointing counsel<\/span>, and in such event no sentence of incarceration shall be imposed.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAPPOINTMENT OF COUNSEL OR WAIVER OF RIGHT (\u00a7 19.2-160)\n\nIf the charge against the accused is a crime the penalty for which may be\nincarceration, and the accused is not represented by counsel, the court shall\nascertain by oral examination of the accused whether or not the accused desires\nto waive his right to counsel.\n\t\tIn the event the accused desires to waive his right to counsel, and the court\nascertains that such waiver is voluntary and intelligently made, then the court\nshall provide the accused with a statement to be executed by the accused to\ndocument his waiver. The statement shall be in a form designed and provided by\nthe Supreme Court. Any executed statement herein provided for shall be filed\nwith and become a part of the record of such proceeding.\n\t\tIn the absence of a waiver of counsel by the accused, and if he shall claim\nthat he is indigent, the court shall proceed in the same manner as is provided\nin \u00a7 19.2-159.\n\t\tShould the defendant refuse or otherwise fail to sign either of the statements\ndescribed in this section and \u00a7 19.2-159, the court shall note such refusal on\nthe record. Such refusal shall be deemed to be a waiver of the right to counsel,\nand the court, after so advising the accused and offering him the opportunity to\nrescind his refusal shall, if such refusal is not rescinded and the\naccused’s signature given, proceed to hear and decide the case. However,\nif, prior to the commencement of the trial, the court states in writing, either\nupon the request of the attorney for the Commonwealth or, in the absence of the\nattorney for the Commonwealth, upon the court’s own motion, that a\nsentence of incarceration will not be imposed if the defendant is convicted, the\ncourt may try the case without appointing counsel, and in such event no sentence\nof incarceration shall be imposed.\n\nHISTORY: Code 1950, \u00a7 19.1-241.9; 1973, c. 316; 1975, c. 495; 1978, c. 365;\n1979, c. 468; 1983, c. 97; 1989, c. 385.","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}}