{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-243.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-243.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-243.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-243.html"}],"law_id":57795,"edition_id":1,"section_id":57795,"structure_id":15177,"section_number":"19.2-243","catch_line":"Limitation on prosecution of felony due to lapse of time after finding of probable cause; misdemeanors; exceptions","history":"Code 1950, \u00a7 19.1-191; 1960, c. 366; 1974, c. 391; 1975, c. 495; 1984, c. 618; 1988, c. 33; 1993, c. 425; 1995, cc. 37, 352; 2002, c. 743; 2005, c. 650; 2007, c. 944; 2009, Sp. Sess. I, cc. 1, 4; 2025, cc. 81, 83, 87.","full_text":"Where a district court has found that there is probable cause to believe that an adult has committed a felony, the accused, if he is held continuously in custody thereafter, shall be forever discharged from prosecution for such offense if no trial is commenced in the circuit court within five months from the date such probable cause was found by the district court; and if the accused is not held in custody but has been recognized for his appearance in the circuit court to answer for such offense, he shall be forever discharged from prosecution therefor if no trial is commenced in the circuit court within nine months from the date such probable cause was found.\n\t\tIf there was no preliminary hearing in the district court, or if such preliminary hearing was waived by the accused, the commencement of the running of the five-month and nine-month periods, respectively, set forth in this section shall be from the date an indictment or presentment is found against the accused.\n\t\tIf an indictment or presentment is found against the accused but he has not been arrested for the offense charged therein, the five-month and nine-month periods, respectively, shall commence to run from the date of his arrest thereon.\n\t\tWhere a case is before a circuit court on appeal from a conviction of a misdemeanor or traffic infraction in a district court or by certification of a misdemeanor pursuant to \u00a7 19.2-190.1, the accused shall be forever discharged from prosecution for such offense if the trial de novo in the circuit court is not commenced (i) within five months from the date of the conviction or certification if the accused has been held continuously in custody or (ii) within nine months of the date of the conviction or certification if the accused has been recognized for his appearance in the circuit court to answer for such offense.\n\t\tThe provisions of this section shall not apply to such period of time as the failure to try the accused was caused:\n\n1\n\nBy evaluations or restoration related to his competency or insanity pursuant to Chapter 11 (§ 19.2-167 et seq.) or by reason of his confinement in a hospital for care and observation;2\n\nBy the witnesses for the Commonwealth being enticed or kept away, or prevented from attending by sickness or accident;3\n\nBy the granting of a separate trial at the request of a person indicted jointly with others for a felony;4\n\nBy continuance granted on the motion of the accused or his counsel, or by concurrence of the accused or his counsel in such a motion by the attorney for the Commonwealth, or by the failure of the accused or his counsel to make a timely objection to such a motion by the attorney for the Commonwealth, or by reason of his escaping from jail or failing to appear according to his recognizance;5\n\nBy continuance ordered pursuant to subsection I or J of § 18.2-472.1 or subsection C or D of § 19.2-187.1;6\n\nBy the inability of the jury to agree in their verdict; or7\n\nBy a natural disaster, civil disorder, or act of God.\n\t\t\tBut the time during the pendency of any appeal in any appellate court shall not be included as applying to the provisions of this section.\n\t\t\tFor the purposes of this section, an arrest on an indictment or warrant or information or presentment is deemed to have occurred only when such indictment, warrant, information, or presentment or the summons or capias to answer such process is served or executed upon the accused and a trial is deemed commenced at the point when jeopardy would attach or when a plea of guilty or nolo contendere is tendered by the defendant. The lodging of a detainer or its equivalent shall not constitute an arrest under this section.","order_by":null,"text":{"0":{"id":211653,"text":"Where a district court has found that there is probable cause to believe that an adult has committed a felony, the accused, if he is held continuously in custody thereafter, shall be forever discharged from prosecution for such offense if no trial is commenced in the circuit court within five months from the date such probable cause was found by the district court; and if the accused is not held in custody but has been recognized for his appearance in the circuit court to answer for such offense, he shall be forever discharged from prosecution therefor if no trial is commenced in the circuit court within nine months from the date such probable cause was found.\n\t\tIf there was no preliminary hearing in the district court, or if such preliminary hearing was waived by the accused, the commencement of the running of the five-month and nine-month periods, respectively, set forth in this section shall be from the date an indictment or presentment is found against the accused.\n\t\tIf an indictment or presentment is found against the accused but he has not been arrested for the offense charged therein, the five-month and nine-month periods, respectively, shall commence to run from the date of his arrest thereon.\n\t\tWhere a case is before a circuit court on appeal from a conviction of a misdemeanor or traffic infraction in a district court or by certification of a misdemeanor pursuant to \u00a7 19.2-190.1, the accused shall be forever discharged from prosecution for such offense if the trial de novo in the circuit court is not commenced (i) within five months from the date of the conviction or certification if the accused has been held continuously in custody or (ii) within nine months of the date of the conviction or certification if the accused has been recognized for his appearance in the circuit court to answer for such offense.\n\t\tThe provisions of this section shall not apply to such period of time as the failure to try the accused was caused:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":211654,"text":"By evaluations or restoration related to his competency or insanity pursuant to Chapter 11 (§ 19.2-167 et seq.) or by reason of his confinement in a hospital for care and observation;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":211655,"text":"By the witnesses for the Commonwealth being enticed or kept away, or prevented from attending by sickness or accident;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":211656,"text":"By the granting of a separate trial at the request of a person indicted jointly with others for a felony;","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":211657,"text":"By continuance granted on the motion of the accused or his counsel, or by concurrence of the accused or his counsel in such a motion by the attorney for the Commonwealth, or by the failure of the accused or his counsel to make a timely objection to such a motion by the attorney for the Commonwealth, or by reason of his escaping from jail or failing to appear according to his recognizance;","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3","next_prefix":"5"},"5":{"id":211658,"text":"By continuance ordered pursuant to subsection I or J of § 18.2-472.1 or subsection C or D of § 19.2-187.1;","type":"section","prefixes":["5"],"prefix":"5","entire_prefix":"5","prefix_anchor":"5","level":1,"prior_prefix":"4","next_prefix":"6"},"6":{"id":211659,"text":"By the inability of the jury to agree in their verdict; or","type":"section","prefixes":["6"],"prefix":"6","entire_prefix":"6","prefix_anchor":"6","level":1,"prior_prefix":"5","next_prefix":"7"},"7":{"id":211660,"text":"By a natural disaster, civil disorder, or act of God.\n\t\t\tBut the time during the pendency of any appeal in any appellate court shall not be included as applying to the provisions of this section.\n\t\t\tFor the purposes of this section, an arrest on an indictment or warrant or information or presentment is deemed to have occurred only when such indictment, warrant, information, or presentment or the summons or capias to answer such process is served or executed upon the accused and a trial is deemed commenced at the point when jeopardy would attach or when a plea of guilty or nolo contendere is tendered by the defendant. The lodging of a detainer or its equivalent shall not constitute an arrest under this section.","type":"section","prefixes":["7"],"prefix":"7","entire_prefix":"7","prefix_anchor":"7","level":1,"prior_prefix":"6"}},"ancestry":[{"id":15177,"edition_id":1,"name":"Jurisdiction","identifier":"1","label":"article","depth":3,"order_by":1,"parent_id":12803,"metadata":{},"date_created":"2026-06-26 03:52:43","date_modified":"2026-06-26 03:52:43","permalink":{"id":168977,"object_type":"structure","relational_id":15177,"identifier":"1","token":"19.2\/15\/1","url":"\/19.2\/15\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12803,"edition_id":1,"name":"Trial and Its Incidents","identifier":"15","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168975,"object_type":"structure","relational_id":12803,"identifier":"15","token":"19.2\/15","url":"\/19.2\/15\/","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":69122,"structure_id":15177,"section_number":"19.2-239","catch_line":"Jurisdiction in criminal cases","url":"\/19.2-239\/","token":"19.2\/15\/1\/19.2-239","metadata":false},{"id":77544,"structure_id":15177,"section_number":"19.2-240","catch_line":"Clerks shall make out criminal docket; transportation orders","url":"\/19.2-240\/","token":"19.2\/15\/1\/19.2-240","metadata":false},{"id":71478,"structure_id":15177,"section_number":"19.2-241","catch_line":"Time within which court to set criminal cases for trial","url":"\/19.2-241\/","token":"19.2\/15\/1\/19.2-241","metadata":false},{"id":70632,"structure_id":15177,"section_number":"19.2-242","catch_line":"Accused discharged from jail if not indicted in time","url":"\/19.2-242\/","token":"19.2\/15\/1\/19.2-242","metadata":false},{"id":57795,"structure_id":15177,"section_number":"19.2-243","catch_line":"Limitation on prosecution of felony due to lapse of time after finding of probable cause; misdemeanors; exceptions","url":"\/19.2-243\/","token":"19.2\/15\/1\/19.2-243","metadata":false}],"previous_section":{"id":70632,"structure_id":15177,"section_number":"19.2-242","catch_line":"Accused discharged from jail if not indicted in time","url":"\/19.2-242\/","token":"19.2\/15\/1\/19.2-242","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-243\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 11 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 1974, chapter 391; in 1975, chapter 495; in 1984, chapter 618; in 1988, chapter 33; in 1993, chapter 425; in 1995, chapters 37<\/a> and 352<\/a>; in 2002, chapter 743<\/a>; in 2005, chapter 650<\/a>; in 2007, chapter 944<\/a>; in 2025, chapters 81<\/a>, 83<\/a>, and 87<\/a>.<\/p>","references":[{"id":72657,"section_number":"16.1-269.6","catch_line":"Circuit court hearing; jury; termination of juvenile court jurisdiction; objections and appeals","order_by":null,"url":"\/16.1-269.6\/"},{"id":75846,"section_number":"19.2-168","catch_line":"Notice to Commonwealth of intention to present evidence of insanity; continuance if notice not given","order_by":null,"url":"\/19.2-168\/"},{"id":71478,"section_number":"19.2-241","catch_line":"Time within which court to set criminal cases for trial","order_by":null,"url":"\/19.2-241\/"},{"id":86223,"section_number":"19.2-266.2","catch_line":"Defense objections to be raised before trial; hearing; bill of particulars","order_by":null,"url":"\/19.2-266.2\/"},{"id":73612,"section_number":"19.2-270.5","catch_line":"DNA profile admissible in criminal proceeding","order_by":null,"url":"\/19.2-270.5\/"},{"id":58525,"section_number":"19.2-271.6","catch_line":"Evidence of defendant's mental condition admissible; notice to Commonwealth","order_by":null,"url":"\/19.2-271.6\/"},{"id":70900,"section_number":"19.2-398","catch_line":"When appeal by the Commonwealth allowed","order_by":null,"url":"\/19.2-398\/"},{"id":59004,"section_number":"19.2-409","catch_line":"Exclusion of pretrial appeal period from time within which accused must be tried; reconsideration of issues after conviction","order_by":null,"url":"\/19.2-409\/"}],"refers_to":[{"id":57746,"section_number":"18.2-472.1","catch_line":"Providing false information or failing to provide registration information; penalty; prima facie evidence","order_by":null,"url":"\/18.2-472.1\/"},{"id":63190,"section_number":"19.2-167","catch_line":"Accused not to be tried while insane or feebleminded","order_by":null,"url":"\/19.2-167\/"},{"id":73680,"section_number":"19.2-187.1","catch_line":"Procedures for notifying accused of certificate of analysis; waiver; continuances","order_by":null,"url":"\/19.2-187.1\/"},{"id":64672,"section_number":"19.2-190.1","catch_line":"Certification of ancillary misdemeanor offenses","order_by":null,"url":"\/19.2-190.1\/"}],"permalink":{"id":168995,"object_type":"law","relational_id":57795,"identifier":"19.2-243","token":"19.2\/15\/1\/19.2-243","url":"\/19.2-243\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-243\/","token":"19.2\/15\/1\/19.2-243","dublin_core":{"Title":"Limitation on prosecution of felony due to lapse of time after finding of probable cause; misdemeanors; exceptions","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-243","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Where a district court<\/span> has found that there is probable cause<\/span> to believe that an adult has committed a felony<\/span>, the accused<\/span>, if he is held continuously in custody<\/span> thereafter, shall be forever discharged from prosecution<\/span> for such offense<\/span> if no trial is commenced in the circuit<\/span> court<\/span> within five months from the date such probable cause<\/span> was found by the district court<\/span>; and if the accused<\/span> is not held in custody<\/span> but has been recognized for his appearance<\/span> in the circuit<\/span> court<\/span> to answer for such offense<\/span>, he shall be forever discharged from prosecution<\/span> therefor if no trial is commenced in the circuit<\/span> court<\/span> within nine months from the date such probable cause<\/span> was found.\n\t\tIf there was no preliminary hearing<\/span> in the district court<\/span>, or if such preliminary hearing<\/span> was waived by the accused<\/span>, the commencement of the running of the five-month and nine-month periods, respectively, set forth in this section shall be from the date an indictment<\/span> or presentment<\/span> is found against the accused<\/span>.\n\t\tIf an indictment<\/span> or presentment<\/span> is found against the accused<\/span> but he has not been arrested for the offense<\/span> charged therein, the five-month and nine-month periods, respectively, shall commence to run from the date of his arrest<\/span> thereon.\n\t\tWhere a case is before a circuit<\/span> court<\/span> on appeal<\/span> from a conviction<\/span> of a misdemeanor<\/span> or traffic infraction in a district court<\/span> or by certification of a misdemeanor<\/span> pursuant to \u00a7 19.2-190.1<\/a>, the accused<\/span> shall be forever discharged from prosecution<\/span> for such offense<\/span> if the trial de novo<\/span> in the circuit<\/span> court<\/span> is not commenced (i) within five months from the date of the conviction<\/span> or certification if the accused<\/span> has been held continuously in custody<\/span> or (ii) within nine months of the date of the conviction<\/span> or certification if the accused<\/span> has been recognized for his appearance<\/span> in the circuit<\/span> court<\/span> to answer for such offense<\/span>.\n\t\tThe provisions of this section shall not apply to such period of time as the failure to try the accused<\/span> was caused:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> By evaluations or restoration related to his competency or insanity<\/span> pursuant to Chapter 11 (§ 19.2-167<\/a> et seq.) or by reason of his confinement in a hospital for care and observation; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> By the witnesses for the Commonwealth being enticed or kept away, or prevented from attending by sickness or accident; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> By the granting of a separate trial at the request of a person indicted jointly with others for a felony<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> By continuance<\/span> granted on the motion<\/span> of the accused<\/span> or his counsel<\/span>, or by concurrence of the accused<\/span> or his counsel<\/span> in such a motion<\/span> by the attorney for the Commonwealth, or by the failure of the accused<\/span> or his counsel<\/span> to make a timely objection to such a motion<\/span> by the attorney for the Commonwealth, or by reason of his escaping from jail or failing to appear according to his recognizance<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> By continuance<\/span> ordered pursuant to subsection I or J of § 18.2-472.1<\/a> or subsection C or D of § 19.2-187.1<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> By the inability of the jury<\/span> to agree in their verdict<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

7.<\/span> By a natural disaster, civil disorder, or act of God.\n\t\t\tBut the time during the pendency of any appeal<\/span> in any appellate<\/span> court<\/span> shall not be included as applying to the provisions of this section.\n\t\t\tFor the purposes of this section, an arrest<\/span> on an indictment<\/span> or warrant or information or presentment<\/span> is deemed to have occurred only when such indictment<\/span>, warrant, information, or presentment<\/span> or the summons<\/span> or capias<\/span> to answer such process is served or executed upon the accused<\/span> and a trial is deemed commenced at the point when jeopardy would attach or when a plea<\/span> of guilty or nolo contendere<\/span> is tendered by the defendant<\/span>. The lodging of a detainer or its equivalent shall not constitute an arrest<\/span> under this section. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nLIMITATION ON PROSECUTION OF FELONY DUE TO LAPSE OF TIME AFTER FINDING OF\nPROBABLE CAUSE; MISDEMEANORS; EXCEPTIONS (\u00a7 19.2-243)\n\nWhere a district court has found that there is probable cause to believe that an\nadult has committed a felony, the accused, if he is held continuously in custody\nthereafter, shall be forever discharged from prosecution for such offense if no\ntrial is commenced in the circuit court within five months from the date such\nprobable cause was found by the district court; and if the accused is not held\nin custody but has been recognized for his appearance in the circuit court to\nanswer for such offense, he shall be forever discharged from prosecution\ntherefor if no trial is commenced in the circuit court within nine months from\nthe date such probable cause was found.\n\t\tIf there was no preliminary hearing in the district court, or if such\npreliminary hearing was waived by the accused, the commencement of the running\nof the five-month and nine-month periods, respectively, set forth in this\nsection shall be from the date an indictment or presentment is found against the\naccused.\n\t\tIf an indictment or presentment is found against the accused but he has not\nbeen arrested for the offense charged therein, the five-month and nine-month\nperiods, respectively, shall commence to run from the date of his arrest\nthereon.\n\t\tWhere a case is before a circuit court on appeal from a conviction of a\nmisdemeanor or traffic infraction in a district court or by certification of a\nmisdemeanor pursuant to \u00a7 19.2-190.1, the accused shall be forever discharged\nfrom prosecution for such offense if the trial de novo in the circuit court is\nnot commenced (i) within five months from the date of the conviction or\ncertification if the accused has been held continuously in custody or (ii)\nwithin nine months of the date of the conviction or certification if the accused\nhas been recognized for his appearance in the circuit court to answer for such\noffense.\n\t\tThe provisions of this section shall not apply to such period of time as the\nfailure to try the accused was caused:\n\n1. By evaluations or restoration related to his competency or insanity pursuant\nto Chapter 11 (§ 19.2-167 et seq.) or by reason of his confinement in a\nhospital for care and observation;\n\n2. By the witnesses for the Commonwealth being enticed or kept away, or\nprevented from attending by sickness or accident;\n\n3. By the granting of a separate trial at the request of a person indicted\njointly with others for a felony;\n\n4. By continuance granted on the motion of the accused or his counsel, or by\nconcurrence of the accused or his counsel in such a motion by the attorney for\nthe Commonwealth, or by the failure of the accused or his counsel to make a\ntimely objection to such a motion by the attorney for the Commonwealth, or by\nreason of his escaping from jail or failing to appear according to his\nrecognizance;\n\n5. By continuance ordered pursuant to subsection I or J of § 18.2-472.1 or\nsubsection C or D of § 19.2-187.1;\n\n6. By the inability of the jury to agree in their verdict; or\n\n7. By a natural disaster, civil disorder, or act of God.\n\t\t\tBut the time during the pendency of any appeal in any appellate court shall\nnot be included as applying to the provisions of this section.\n\t\t\tFor the purposes of this section, an arrest on an indictment or warrant or\ninformation or presentment is deemed to have occurred only when such indictment,\nwarrant, information, or presentment or the summons or capias to answer such\nprocess is served or executed upon the accused and a trial is deemed commenced\nat the point when jeopardy would attach or when a plea of guilty or nolo\ncontendere is tendered by the defendant. The lodging of a detainer or its\nequivalent shall not constitute an arrest under this section.\n\nHISTORY: Code 1950, \u00a7 19.1-191; 1960, c. 366; 1974, c. 391; 1975, c. 495; 1984,\nc. 618; 1988, c. 33; 1993, c. 425; 1995, cc. 37, 352; 2002, c. 743; 2005, c.\n650; 2007, c. 944; 2009, Sp. Sess. I, cc. 1, 4; 2025, cc. 81, 83, 87.","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}}