{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-217.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-217.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-217.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-217.html"}],"law_id":74176,"edition_id":1,"section_id":74176,"structure_id":15748,"section_number":"19.2-217","catch_line":"When information filed; prosecution for felony to be by indictment or presentment; waiver; process to compel appearance of accused","history":"Code 1950, \u00a7 19.1-162; 1960, c. 366; 1975, c. 495.","full_text":"An information may be filed by the attorney for the Commonwealth based upon a complaint in writing verified by the oath of a competent witness; but no person shall be put upon trial for any felony, unless an indictment or presentment shall have first been found or made by a grand jury in a court of competent jurisdiction or unless such person, by writing signed by such person before the court having jurisdiction to try such felony or before the judge of such court shall have waived such indictment or presentment, in which event he may be tried on a warrant or information. If the accused be in custody, or has been recognized or summoned to answer such information, presentment or indictment, no other process shall be necessary; but the court may, in its discretion, issue process to compel the appearance of the accused.","order_by":null,"text":{"0":{"id":266719,"text":"An information may be filed by the attorney for the Commonwealth based upon a complaint in writing verified by the oath of a competent witness; but no person shall be put upon trial for any felony, unless an indictment or presentment shall have first been found or made by a grand jury in a court of competent jurisdiction or unless such person, by writing signed by such person before the court having jurisdiction to try such felony or before the judge of such court shall have waived such indictment or presentment, in which event he may be tried on a warrant or information. If the accused be in custody, or has been recognized or summoned to answer such information, presentment or indictment, no other process shall be necessary; but the court may, in its discretion, issue process to compel the appearance of the accused.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":15748,"edition_id":1,"name":"Necessity for Indictment, Etc","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":14119,"metadata":{},"date_created":"2026-06-26 03:58:52","date_modified":"2026-06-26 03:58:52","permalink":{"id":168863,"object_type":"structure","relational_id":15748,"identifier":"1","token":"19.2\/14\/1","url":"\/19.2\/14\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14119,"edition_id":1,"name":"Presentments, Indictments and Informations","identifier":"14","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:46:56","date_modified":"2026-06-26 03:46:56","permalink":{"id":168861,"object_type":"structure","relational_id":14119,"identifier":"14","token":"19.2\/14","url":"\/19.2\/14\/","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":60512,"structure_id":15748,"section_number":"19.2-216","catch_line":"Definition of indictment, presentment and information","url":"\/19.2-216\/","token":"19.2\/14\/1\/19.2-216","metadata":false},{"id":74176,"structure_id":15748,"section_number":"19.2-217","catch_line":"When information filed; prosecution for felony to be by indictment or presentment; waiver; process to compel appearance of accused","url":"\/19.2-217\/","token":"19.2\/14\/1\/19.2-217","metadata":false},{"id":62590,"structure_id":15748,"section_number":"19.2-217.1","catch_line":"Central file of aggravated murder indictments","url":"\/19.2-217.1\/","token":"19.2\/14\/1\/19.2-217.1","metadata":false},{"id":79152,"structure_id":15748,"section_number":"19.2-218","catch_line":"Preliminary hearing required for person arrested on charge of felony; waiver","url":"\/19.2-218\/","token":"19.2\/14\/1\/19.2-218","metadata":false},{"id":81843,"structure_id":15748,"section_number":"19.2-218.1","catch_line":"Preliminary hearings involving certain sexual crimes against spouses","url":"\/19.2-218.1\/","token":"19.2\/14\/1\/19.2-218.1","metadata":false},{"id":69131,"structure_id":15748,"section_number":"19.2-218.2","catch_line":"Hearing before juvenile and domestic relations district court required for persons accused of certain violations against their spouses","url":"\/19.2-218.2\/","token":"19.2\/14\/1\/19.2-218.2","metadata":false},{"id":71677,"structure_id":15748,"section_number":"19.2-219","catch_line":"When capias need not be issued; summons; judgment","url":"\/19.2-219\/","token":"19.2\/14\/1\/19.2-219","metadata":false}],"previous_section":{"id":60512,"structure_id":15748,"section_number":"19.2-216","catch_line":"Definition of indictment, presentment and information","url":"\/19.2-216\/","token":"19.2\/14\/1\/19.2-216","metadata":false},"next_section":{"id":62590,"structure_id":15748,"section_number":"19.2-217.1","catch_line":"Central file of aggravated murder indictments","url":"\/19.2-217.1\/","token":"19.2\/14\/1\/19.2-217.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-217\/","history_text":"

The record of this law\u2019s original creation isn\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 1960, chapter 366; in 1975, chapter 495.<\/p>","references":false,"refers_to":false,"permalink":{"id":168869,"object_type":"law","relational_id":74176,"identifier":"19.2-217","token":"19.2\/14\/1\/19.2-217","url":"\/19.2-217\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-217\/","token":"19.2\/14\/1\/19.2-217","dublin_core":{"Title":"When information filed; prosecution for felony to be by indictment or presentment; waiver; process to compel appearance of accused","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-217","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

An information may be filed by the attorney for the Commonwealth based upon a complaint in writing verified by the oath<\/span> of a competent witness<\/span>; but no person shall be put upon trial<\/span> for any felony<\/span>, unless an indictment<\/span> or presentment<\/span> shall have first been found or made by a grand jury<\/span> in a court<\/span> of competent jurisdiction<\/span> or unless such person, by writing signed by such person before the court<\/span> having jurisdiction<\/span> to try such felony<\/span> or before the judge<\/span> of such court<\/span> shall have waived such indictment<\/span> or presentment<\/span>, in which event he may be tried on a warrant or information. If the accused<\/span> be in custody<\/span>, or has been recognized or summoned to answer such information, presentment<\/span> or indictment<\/span>, no other process shall be necessary; but the court<\/span> may, in its discretion, issue<\/span> process to compel the appearance<\/span> of the accused<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nWHEN INFORMATION FILED; PROSECUTION FOR FELONY TO BE BY INDICTMENT OR\nPRESENTMENT; WAIVER; PROCESS TO COMPEL APPEARANCE OF ACCUSED (\u00a7 19.2-217)\n\nAn information may be filed by the attorney for the Commonwealth based upon a\ncomplaint in writing verified by the oath of a competent witness; but no person\nshall be put upon trial for any felony, unless an indictment or presentment\nshall have first been found or made by a grand jury in a court of competent\njurisdiction or unless such person, by writing signed by such person before the\ncourt having jurisdiction to try such felony or before the judge of such court\nshall have waived such indictment or presentment, in which event he may be tried\non a warrant or information. If the accused be in custody, or has been\nrecognized or summoned to answer such information, presentment or indictment, no\nother process shall be necessary; but the court may, in its discretion, issue\nprocess to compel the appearance of the accused.\n\nHISTORY: Code 1950, \u00a7 19.1-162; 1960, c. 366; 1975, c. 495.","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}}