{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/2.2-511.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/2.2-511.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/2.2-511.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/2.2-511.html"}],"law_id":77776,"edition_id":1,"section_id":77776,"structure_id":13688,"section_number":"2.2-511","catch_line":"Criminal cases","history":"Code 1950, \u00a7 2-90; 1958, c. 235; 1966, c. 677, \u00a7 2.1-124; 1974, c. 490; 1975, c. 42; 1984, c. 703; 1993, c. 866; 1995, cc. 565, 839; 1997, c. 801; 1998, cc. 507, 510; 2000, c. 239; 2001, c. 844; 2002, cc. 588, 623; 2003, c. 103; 2004, cc. 450, 883, 996; 2007, c. 409; 2009, c. 847; 2021, Sp. Sess. I, c. 489; 2023, cc. 314, 315.","full_text":"A\n\nUnless specifically requested by the Governor to do so, the Attorney General shall have no authority to institute or conduct criminal prosecutions in the circuit courts of the Commonwealth except in cases involving (i) violations of the Alcoholic Beverage Control Act (§ 4.1-100 et seq.), (ii) violation of laws relating to elections and the electoral process as provided in § 24.2-104, (iii) violation of laws relating to motor vehicles and their operation, (iv) the handling of funds by a state bureau, institution, commission or department, (v) the theft of state property, (vi) violation of the criminal laws involving child pornography and sexually explicit visual material involving children, (vii) the practice of law without being duly authorized or licensed or the illegal practice of law, (viii) violations of § 3.2-4212 or 58.1-1008.2, (ix) with the concurrence of the local attorney for the Commonwealth, violations of the Virginia Computer Crimes Act (§ 18.2-152.1 et seq.), (x) with the concurrence of the local attorney for the Commonwealth, violations of the Air Pollution Control Law (§ 10.1-1300 et seq.), the Virginia Waste Management Act (§ 10.1-1400 et seq.), and the State Water Control Law (§ 62.1-44.2 et seq.), (xi) with the concurrence of the local attorney for the Commonwealth, violations of Chapters 2 (§ 18.2-18 et seq.), 3 (§ 18.2-22 et seq.), and 10 (§ 18.2-434 et seq.) of Title 18.2, if such crimes relate to violations of law listed in clause (x) of this subsection, (xii) with the concurrence of the local attorney for the Commonwealth, criminal violations by Medicaid providers or their employees in the course of doing business, or violations of Chapter 13 (§ 18.2-512 et seq.) of Title 18.2, in which cases the Attorney General may leave the prosecution to the local attorney for the Commonwealth, or he may institute proceedings by information, presentment or indictment, as appropriate, and conduct the same, (xiii) with the concurrence of the local attorney for the Commonwealth, violations of Article 9 (§ 18.2-246.1 et seq.) of Chapter 6 of Title 18.2, (xiv) with the concurrence of the local attorney for the Commonwealth, assisting in the prosecution of violations of §§ 18.2-186.3 and 18.2-186.4, (xv) with the concurrence of the local attorney for the Commonwealth, assisting in the prosecution of violations of § 18.2-46.2, 18.2-46.3, or 18.2-46.5 when such violations are committed on the grounds of a state correctional facility, and (xvi) with the concurrence of the local attorney for the Commonwealth, assisting in the prosecution of violations of Article 10 (§ 18.2-246.6 et seq.) of Chapter 6 of Title 18.2.\n\t\t\tIn all other criminal cases in the circuit courts, except where the law provides otherwise, the authority of the Attorney General to appear or participate in the proceedings shall attach when the appellate court receives the record after a notice of appeal has been filed with the clerk of the circuit court noting an appeal to the Court of Appeals or the Supreme Court. In all criminal cases before the Court of Appeals or the Supreme Court in which the Commonwealth is a party or is directly interested, the Attorney General shall appear and represent the Commonwealth upon receipt of the record in the appellate court, unless, and with the consent of the Attorney General, the attorney for the Commonwealth who prosecuted the underlying criminal case files a notice of appearance to represent the Commonwealth in any such appeal. However, in an appeal regarding bail, bond, or recognizance pursuant to Article 1 (§ 19.2-119 et seq.) of Chapter 9 of Title 19.2 or subsection B of § 19.2-398, the attorney for the Commonwealth who prosecuted the underlying criminal case shall continue to represent the Commonwealth on appeal.B\n\nThe Attorney General shall, upon request of a person who was the victim of a crime and subject to such reasonable procedures as the Attorney General may require, ensure that such person is given notice of the filing, of the date, time and place and of the disposition of any appeal or habeas corpus proceeding involving the cases in which such person was a victim. For the purposes of this section, a victim is an individual who has suffered physical, psychological or economic harm as a direct result of the commission of a crime; a spouse, child, parent or legal guardian of a minor or incapacitated victim; or a spouse, child, parent or legal guardian of a victim of a homicide. Nothing in this subsection shall confer upon any person a right to appeal or modify any decision in a criminal, appellate or habeas corpus proceeding; abridge any right guaranteed by law; or create any cause of action for damages against the Commonwealth or any of its political subdivisions, the Attorney General or any of his employees or agents, any other officer, employee or agent of the Commonwealth or any of its political subdivisions, or any officer of the court.","order_by":null,"text":{"0":{"id":278940,"text":"Unless specifically requested by the Governor to do so, the Attorney General shall have no authority to institute or conduct criminal prosecutions in the circuit courts of the Commonwealth except in cases involving (i) violations of the Alcoholic Beverage Control Act (§ 4.1-100 et seq.), (ii) violation of laws relating to elections and the electoral process as provided in § 24.2-104, (iii) violation of laws relating to motor vehicles and their operation, (iv) the handling of funds by a state bureau, institution, commission or department, (v) the theft of state property, (vi) violation of the criminal laws involving child pornography and sexually explicit visual material involving children, (vii) the practice of law without being duly authorized or licensed or the illegal practice of law, (viii) violations of § 3.2-4212 or 58.1-1008.2, (ix) with the concurrence of the local attorney for the Commonwealth, violations of the Virginia Computer Crimes Act (§ 18.2-152.1 et seq.), (x) with the concurrence of the local attorney for the Commonwealth, violations of the Air Pollution Control Law (§ 10.1-1300 et seq.), the Virginia Waste Management Act (§ 10.1-1400 et seq.), and the State Water Control Law (§ 62.1-44.2 et seq.), (xi) with the concurrence of the local attorney for the Commonwealth, violations of Chapters 2 (§ 18.2-18 et seq.), 3 (§ 18.2-22 et seq.), and 10 (§ 18.2-434 et seq.) of Title 18.2, if such crimes relate to violations of law listed in clause (x) of this subsection, (xii) with the concurrence of the local attorney for the Commonwealth, criminal violations by Medicaid providers or their employees in the course of doing business, or violations of Chapter 13 (§ 18.2-512 et seq.) of Title 18.2, in which cases the Attorney General may leave the prosecution to the local attorney for the Commonwealth, or he may institute proceedings by information, presentment or indictment, as appropriate, and conduct the same, (xiii) with the concurrence of the local attorney for the Commonwealth, violations of Article 9 (§ 18.2-246.1 et seq.) of Chapter 6 of Title 18.2, (xiv) with the concurrence of the local attorney for the Commonwealth, assisting in the prosecution of violations of §§ 18.2-186.3 and 18.2-186.4, (xv) with the concurrence of the local attorney for the Commonwealth, assisting in the prosecution of violations of § 18.2-46.2, 18.2-46.3, or 18.2-46.5 when such violations are committed on the grounds of a state correctional facility, and (xvi) with the concurrence of the local attorney for the Commonwealth, assisting in the prosecution of violations of Article 10 (§ 18.2-246.6 et seq.) of Chapter 6 of Title 18.2.\n\t\t\tIn all other criminal cases in the circuit courts, except where the law provides otherwise, the authority of the Attorney General to appear or participate in the proceedings shall attach when the appellate court receives the record after a notice of appeal has been filed with the clerk of the circuit court noting an appeal to the Court of Appeals or the Supreme Court. In all criminal cases before the Court of Appeals or the Supreme Court in which the Commonwealth is a party or is directly interested, the Attorney General shall appear and represent the Commonwealth upon receipt of the record in the appellate court, unless, and with the consent of the Attorney General, the attorney for the Commonwealth who prosecuted the underlying criminal case files a notice of appearance to represent the Commonwealth in any such appeal. However, in an appeal regarding bail, bond, or recognizance pursuant to Article 1 (§ 19.2-119 et seq.) of Chapter 9 of Title 19.2 or subsection B of § 19.2-398, the attorney for the Commonwealth who prosecuted the underlying criminal case shall continue to represent the Commonwealth on appeal.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":278941,"text":"The Attorney General shall, upon request of a person who was the victim of a crime and subject to such reasonable procedures as the Attorney General may require, ensure that such person is given notice of the filing, of the date, time and place and of the disposition of any appeal or habeas corpus proceeding involving the cases in which such person was a victim. For the purposes of this section, a victim is an individual who has suffered physical, psychological or economic harm as a direct result of the commission of a crime; a spouse, child, parent or legal guardian of a minor or incapacitated victim; or a spouse, child, parent or legal guardian of a victim of a homicide. Nothing in this subsection shall confer upon any person a right to appeal or modify any decision in a criminal, appellate or habeas corpus proceeding; abridge any right guaranteed by law; or create any cause of action for damages against the Commonwealth or any of its political subdivisions, the Attorney General or any of his employees or agents, any other officer, employee or agent of the Commonwealth or any of its political subdivisions, or any officer of the court.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":13688,"edition_id":1,"name":"General Provisions","identifier":"1","label":"article","depth":5,"order_by":1,"parent_id":13687,"metadata":{},"date_created":"2026-06-26 03:45:33","date_modified":"2026-06-26 03:45:33","permalink":{"id":172305,"object_type":"structure","relational_id":13688,"identifier":"1","token":"2.2\/I\/B\/5\/1","url":"\/2.2\/I\/B\/5\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13687,"edition_id":1,"name":"Department of Law","identifier":"5","label":"chapter","depth":4,"order_by":1,"parent_id":13686,"metadata":{},"date_created":"2026-06-26 03:45:33","date_modified":"2026-06-26 03:45:33","permalink":{"id":172303,"object_type":"structure","relational_id":13687,"identifier":"5","token":"2.2\/I\/B\/5","url":"\/2.2\/I\/B\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13686,"edition_id":1,"name":"Department of Law","identifier":"B","label":"part","depth":3,"order_by":1,"parent_id":12784,"metadata":{},"date_created":"2026-06-26 03:45:33","date_modified":"2026-06-26 03:45:33","permalink":{"id":172301,"object_type":"structure","relational_id":13686,"identifier":"B","token":"2.2\/I\/B","url":"\/2.2\/I\/B\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12784,"edition_id":1,"name":"Organization of State Government","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12749,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":171455,"object_type":"structure","relational_id":12784,"identifier":"I","token":"2.2\/I","url":"\/2.2\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12749,"edition_id":1,"name":"Administration of Government","identifier":"2.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:51","date_modified":"2026-06-26 03:43:51","permalink":{"id":171453,"object_type":"structure","relational_id":12749,"identifier":"2.2","token":"2.2","url":"\/2.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":78581,"structure_id":13688,"section_number":"2.2-500","catch_line":"Attorney General to be chief executive officer; duties generally","url":"\/2.2-500\/","token":"2.2\/I\/B\/5\/1\/2.2-500","metadata":false},{"id":63667,"structure_id":13688,"section_number":"2.2-501","catch_line":"Assistant and deputy Attorneys General","url":"\/2.2-501\/","token":"2.2\/I\/B\/5\/1\/2.2-501","metadata":false},{"id":69927,"structure_id":13688,"section_number":"2.2-502","catch_line":"Support staff","url":"\/2.2-502\/","token":"2.2\/I\/B\/5\/1\/2.2-502","metadata":false},{"id":65967,"structure_id":13688,"section_number":"2.2-503","catch_line":"Office space","url":"\/2.2-503\/","token":"2.2\/I\/B\/5\/1\/2.2-503","metadata":false},{"id":61651,"structure_id":13688,"section_number":"2.2-504","catch_line":"Contingent and traveling expenses","url":"\/2.2-504\/","token":"2.2\/I\/B\/5\/1\/2.2-504","metadata":false},{"id":80761,"structure_id":13688,"section_number":"2.2-505","catch_line":"Official opinions of Attorney General","url":"\/2.2-505\/","token":"2.2\/I\/B\/5\/1\/2.2-505","metadata":false},{"id":60958,"structure_id":13688,"section_number":"2.2-506","catch_line":"Legal services to attorneys for the Commonwealth in certain proceedings; 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enforcement of certain tobacco laws","url":"\/2.2-509.1\/","token":"2.2\/I\/B\/5\/1\/2.2-509.1","metadata":false},{"id":71775,"structure_id":13688,"section_number":"2.2-510","catch_line":"Employment of special counsel generally","url":"\/2.2-510\/","token":"2.2\/I\/B\/5\/1\/2.2-510","metadata":false},{"id":76548,"structure_id":13688,"section_number":"2.2-510.1","catch_line":"Open negotiation for employment of special counsel","url":"\/2.2-510.1\/","token":"2.2\/I\/B\/5\/1\/2.2-510.1","metadata":false},{"id":75372,"structure_id":13688,"section_number":"2.2-510.2","catch_line":"Employment of outside counsel where a conflict of interests exists","url":"\/2.2-510.2\/","token":"2.2\/I\/B\/5\/1\/2.2-510.2","metadata":false},{"id":77776,"structure_id":13688,"section_number":"2.2-511","catch_line":"Criminal cases","url":"\/2.2-511\/","token":"2.2\/I\/B\/5\/1\/2.2-511","metadata":false},{"id":54665,"structure_id":13688,"section_number":"2.2-511.1","catch_line":"Public integrity; law-enforcement misconduct","url":"\/2.2-511.1\/","token":"2.2\/I\/B\/5\/1\/2.2-511.1","metadata":false},{"id":70939,"structure_id":13688,"section_number":"2.2-511.2","catch_line":"Organized Retail Crime Fund; 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victims of domestic violence, stalking, child abduction, sexual violence, or human trafficking; application; disclosure of records","url":"\/2.2-515.2\/","token":"2.2\/I\/B\/5\/1\/2.2-515.2","metadata":false},{"id":81041,"structure_id":13688,"section_number":"2.2-516","catch_line":"Annual report","url":"\/2.2-516\/","token":"2.2\/I\/B\/5\/1\/2.2-516","metadata":false}],"previous_section":{"id":75372,"structure_id":13688,"section_number":"2.2-510.2","catch_line":"Employment of outside counsel where a conflict of interests exists","url":"\/2.2-510.2\/","token":"2.2\/I\/B\/5\/1\/2.2-510.2","metadata":false},"next_section":{"id":54665,"structure_id":13688,"section_number":"2.2-511.1","catch_line":"Public integrity; law-enforcement misconduct","url":"\/2.2-511.1\/","token":"2.2\/I\/B\/5\/1\/2.2-511.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/2.2-511\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 17 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 1958, chapter 235; in 1966, chapter 677; in 1974, chapter 490; in 1975, chapter 42; in 1984, chapter 703; in 1993, chapter 866; in 1995, chapters 565<\/a> and 839<\/a>; in 1997, chapter 801<\/a>; in 1998, chapters 507<\/a> and 510<\/a>; in 2000, chapter 239<\/a>; in 2001, chapter 844<\/a>; in 2002, chapters 588<\/a> and 623<\/a>; in 2003, chapter 103<\/a>; in 2004, chapters 450<\/a>, 883<\/a>, and 996<\/a>; in 2007, chapter 409<\/a>; in 2009, chapter 847<\/a>; in 2023, chapters 314<\/a> and 315<\/a>.<\/p>","references":[{"id":71537,"section_number":"18.2-246.15","catch_line":"Enforcement","order_by":null,"url":"\/18.2-246.15\/"},{"id":56192,"section_number":"19.2-11.01","catch_line":"Crime victim and witness rights","order_by":null,"url":"\/19.2-11.01\/"}],"refers_to":[{"id":77830,"section_number":"10.1-1300","catch_line":"Definitions","order_by":null,"url":"\/10.1-1300\/"},{"id":84539,"section_number":"10.1-1400","catch_line":"Definitions","order_by":null,"url":"\/10.1-1400\/"},{"id":61215,"section_number":"18.2-152.1","catch_line":"Short title","order_by":null,"url":"\/18.2-152.1\/"},{"id":64418,"section_number":"18.2-18","catch_line":"How principals in second degree and accessories before the fact punished","order_by":null,"url":"\/18.2-18\/"},{"id":73403,"section_number":"18.2-186.3","catch_line":"Identity theft; penalty; restitution; victim assistance","order_by":null,"url":"\/18.2-186.3\/"},{"id":86000,"section_number":"18.2-186.4","catch_line":"Use of a person's identity with the intent to coerce, intimidate, or harass; penalty","order_by":null,"url":"\/18.2-186.4\/"},{"id":70427,"section_number":"18.2-22","catch_line":"Conspiracy to commit felony","order_by":null,"url":"\/18.2-22\/"},{"id":71131,"section_number":"18.2-246.1","catch_line":"Title","order_by":null,"url":"\/18.2-246.1\/"},{"id":66660,"section_number":"18.2-246.6","catch_line":"Definitions","order_by":null,"url":"\/18.2-246.6\/"},{"id":85475,"section_number":"18.2-434","catch_line":"What deemed perjury; punishment and penalty","order_by":null,"url":"\/18.2-434\/"},{"id":60069,"section_number":"18.2-46.2","catch_line":"Prohibited criminal street gang participation; penalty","order_by":null,"url":"\/18.2-46.2\/"},{"id":70242,"section_number":"18.2-46.3","catch_line":"Recruitment of persons for criminal street gang; penalty","order_by":null,"url":"\/18.2-46.3\/"},{"id":57068,"section_number":"18.2-46.5","catch_line":"Committing, conspiring and aiding and abetting acts of terrorism prohibited; penalty","order_by":null,"url":"\/18.2-46.5\/"},{"id":77961,"section_number":"18.2-512","catch_line":"Short title","order_by":null,"url":"\/18.2-512\/"},{"id":61367,"section_number":"19.2-119","catch_line":"Definitions","order_by":null,"url":"\/19.2-119\/"},{"id":70900,"section_number":"19.2-398","catch_line":"When appeal by the Commonwealth allowed","order_by":null,"url":"\/19.2-398\/"},{"id":64832,"section_number":"24.2-104","catch_line":"Requesting assistance for attorney for the Commonwealth; investigative committees","order_by":null,"url":"\/24.2-104\/"},{"id":83441,"section_number":"3.2-4212","catch_line":"Penalties and other remedies","order_by":null,"url":"\/3.2-4212\/"},{"id":55602,"section_number":"4.1-100","catch_line":"Definitions","order_by":null,"url":"\/4.1-100\/"},{"id":73457,"section_number":"58.1-1008.2","catch_line":"Materially false statements in reports","order_by":null,"url":"\/58.1-1008.2\/"},{"id":54640,"section_number":"62.1-44.2","catch_line":"Short title; purpose","order_by":null,"url":"\/62.1-44.2\/"}],"permalink":{"id":172375,"object_type":"law","relational_id":77776,"identifier":"2.2-511","token":"2.2\/I\/B\/5\/1\/2.2-511","url":"\/2.2-511\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/2.2-511\/","token":"2.2\/I\/B\/5\/1\/2.2-511","dublin_core":{"Title":"Criminal cases","Type":"Text","Format":"text\/html","Identifier":"\u00a7 2.2-511","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Unless specifically requested by the Governor to do so, the Attorney General<\/span> shall have no authority to institute or conduct criminal prosecutions<\/span> in the circuit<\/span> courts<\/span> of the Commonwealth except in cases involving (i) violations of the Alcoholic Beverage Control Act (§ 4.1-100<\/a> et seq.), (ii) violation of laws<\/span> relating to elections and the electoral process as provided in § 24.2-104<\/a>, (iii) violation of laws<\/span> relating to motor vehicles and their operation, (iv) the handling of funds by a state bureau, institution, commission or department, (v) the theft of state property, (vi) violation of the criminal laws<\/span> involving child pornography and sexually explicit visual material<\/span> involving children, (vii) the practice of law<\/span> without being duly authorized or licensed or the illegal practice of law<\/span>, (viii) violations of § 3.2-4212<\/a> or 58.1-1008.2<\/a>, (ix) with the concurrence of the local attorney for the Commonwealth, violations of the Virginia Computer Crimes<\/span> Act (§ 18.2-152.1<\/a> et seq.), (x) with the concurrence of the local attorney for the Commonwealth, violations of the Air Pollution Control Law<\/span> (§ 10.1-1300<\/a> et seq.), the Virginia Waste Management Act (§ 10.1-1400<\/a> et seq.), and the State Water Control Law<\/span> (§ 62.1-44.2<\/a> et seq.), (xi) with the concurrence of the local attorney for the Commonwealth, violations of Chapters 2 (§ 18.2-18<\/a> et seq.), 3 (§ 18.2-22<\/a> et seq.), and 10 (§ 18.2-434<\/a> et seq.) of Title 18.2, if such crimes<\/span> relate to violations of law<\/span> listed in clause (x) of this subsection, (xii) with the concurrence of the local attorney for the Commonwealth, criminal violations by Medicaid providers or their employees in the course of doing business, or violations of Chapter 13 (§ 18.2-512<\/a> et seq.) of Title 18.2, in which cases the Attorney General<\/span> may leave the prosecution<\/span> to the local attorney for the Commonwealth, or he may institute proceedings by information, presentment<\/span> or indictment<\/span>, as appropriate, and conduct the same, (xiii) with the concurrence of the local attorney for the Commonwealth, violations of Article 9 (§ 18.2-246.1<\/a> et seq.) of Chapter 6 of Title 18.2, (xiv) with the concurrence of the local attorney for the Commonwealth, assisting in the prosecution<\/span> of violations of §§ 18.2-186.3<\/a> and 18.2-186.4<\/a>, (xv) with the concurrence of the local attorney for the Commonwealth, assisting in the prosecution<\/span> of violations of § 18.2-46.2<\/a>, 18.2-46.3<\/a>, or 18.2-46.5<\/a> when such violations are committed on the grounds of a state correctional facility, and (xvi) with the concurrence of the local attorney for the Commonwealth, assisting in the prosecution<\/span> of violations of Article 10 (§ 18.2-246.6<\/a> et seq.) of Chapter 6 of Title 18.2.\n\t\t\tIn all other criminal cases in the circuit<\/span> courts<\/span>, except where the law<\/span> provides otherwise, the authority of the Attorney General<\/span> to appear or participate in the proceedings shall attach when the appellate<\/span> court<\/span> receives the record after a notice of appeal<\/span> has been filed with the clerk of the circuit<\/span> court<\/span> noting an appeal to the Court<\/span> of Appeals<\/span> or the Supreme Court<\/span>. In all criminal cases before the Court<\/span> of Appeals<\/span> or the Supreme Court<\/span> in which the Commonwealth is a party<\/span> or is directly interested, the Attorney General<\/span> shall appear and represent the Commonwealth upon receipt of the record in the appellate<\/span> court<\/span>, unless, and with the consent of the Attorney General<\/span>, the attorney for the Commonwealth who prosecuted the underlying criminal case files<\/span> a notice of appearance<\/span> to represent the Commonwealth in any such appeal. However, in an appeal regarding bail<\/span>, bond<\/span>, or recognizance<\/span> pursuant to Article 1 (§ 19.2-119<\/a> et seq.) of Chapter 9 of Title 19.2 or subsection B of § 19.2-398<\/a>, the attorney for the Commonwealth who prosecuted the underlying criminal case shall continue to represent the Commonwealth on appeal. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Attorney General<\/span> shall, upon request of a person who was the victim of a crime<\/span> and subject to such reasonable procedures as the Attorney General<\/span> may require, ensure that such person is given notice of the filing, of the date, time and place and of the disposition<\/span> of any appeal or habeas corpus<\/span> proceeding involving the cases in which such person was a victim. For the purposes of this section, a victim is an individual who has suffered physical, psychological or economic harm as a direct result of the commission of a crime<\/span>; a spouse, child, parent or legal guardian of a minor<\/span> or incapacitated victim; or a spouse, child, parent or legal guardian of a victim of a homicide<\/span>. Nothing in this subsection shall confer upon any person a right to appeal or modify any decision in a criminal, appellate<\/span> or habeas corpus<\/span> proceeding; abridge any right guaranteed by law<\/span>; or create any cause of action<\/span> for damages<\/span> against the Commonwealth or any of its political subdivisions, the Attorney General<\/span> or any of his employees or agents, any other officer, employee or agent of the Commonwealth or any of its political subdivisions, or any officer of the court<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCRIMINAL CASES (\u00a7 2.2-511)\n\nA. Unless specifically requested by the Governor to do so, the Attorney General\nshall have no authority to institute or conduct criminal prosecutions in the\ncircuit courts of the Commonwealth except in cases involving (i) violations of\nthe Alcoholic Beverage Control Act (§ 4.1-100 et seq.), (ii) violation of\nlaws relating to elections and the electoral process as provided in §\n24.2-104, (iii) violation of laws relating to motor vehicles and their\noperation, (iv) the handling of funds by a state bureau, institution, commission\nor department, (v) the theft of state property, (vi) violation of the criminal\nlaws involving child pornography and sexually explicit visual material involving\nchildren, (vii) the practice of law without being duly authorized or licensed or\nthe illegal practice of law, (viii) violations of § 3.2-4212 or\n58.1-1008.2, (ix) with the concurrence of the local attorney for the\nCommonwealth, violations of the Virginia Computer Crimes Act (§ 18.2-152.1\net seq.), (x) with the concurrence of the local attorney for the Commonwealth,\nviolations of the Air Pollution Control Law (§ 10.1-1300 et seq.), the\nVirginia Waste Management Act (§ 10.1-1400 et seq.), and the State Water\nControl Law (§ 62.1-44.2 et seq.), (xi) with the concurrence of the local\nattorney for the Commonwealth, violations of Chapters 2 (§ 18.2-18 et\nseq.), 3 (§ 18.2-22 et seq.), and 10 (§ 18.2-434 et seq.) of Title\n18.2, if such crimes relate to violations of law listed in clause (x) of this\nsubsection, (xii) with the concurrence of the local attorney for the\nCommonwealth, criminal violations by Medicaid providers or their employees in\nthe course of doing business, or violations of Chapter 13 (§ 18.2-512 et\nseq.) of Title 18.2, in which cases the Attorney General may leave the\nprosecution to the local attorney for the Commonwealth, or he may institute\nproceedings by information, presentment or indictment, as appropriate, and\nconduct the same, (xiii) with the concurrence of the local attorney for the\nCommonwealth, violations of Article 9 (§ 18.2-246.1 et seq.) of Chapter 6\nof Title 18.2, (xiv) with the concurrence of the local attorney for the\nCommonwealth, assisting in the prosecution of violations of §§\n18.2-186.3 and 18.2-186.4, (xv) with the concurrence of the local attorney for\nthe Commonwealth, assisting in the prosecution of violations of §\n18.2-46.2, 18.2-46.3, or 18.2-46.5 when such violations are committed on the\ngrounds of a state correctional facility, and (xvi) with the concurrence of the\nlocal attorney for the Commonwealth, assisting in the prosecution of violations\nof Article 10 (§ 18.2-246.6 et seq.) of Chapter 6 of Title 18.2.\n\t\t\tIn all other criminal cases in the circuit courts, except where the law\nprovides otherwise, the authority of the Attorney General to appear or\nparticipate in the proceedings shall attach when the appellate court receives\nthe record after a notice of appeal has been filed with the clerk of the circuit\ncourt noting an appeal to the Court of Appeals or the Supreme Court. In all\ncriminal cases before the Court of Appeals or the Supreme Court in which the\nCommonwealth is a party or is directly interested, the Attorney General shall\nappear and represent the Commonwealth upon receipt of the record in the\nappellate court, unless, and with the consent of the Attorney General, the\nattorney for the Commonwealth who prosecuted the underlying criminal case files\na notice of appearance to represent the Commonwealth in any such appeal.\nHowever, in an appeal regarding bail, bond, or recognizance pursuant to Article\n1 (§ 19.2-119 et seq.) of Chapter 9 of Title 19.2 or subsection B of §\n19.2-398, the attorney for the Commonwealth who prosecuted the underlying\ncriminal case shall continue to represent the Commonwealth on appeal.\n\nB. The Attorney General shall, upon request of a person who was the victim of a\ncrime and subject to such reasonable procedures as the Attorney General may\nrequire, ensure that such person is given notice of the filing, of the date,\ntime and place and of the disposition of any appeal or habeas corpus proceeding\ninvolving the cases in which such person was a victim. For the purposes of this\nsection, a victim is an individual who has suffered physical, psychological or\neconomic harm as a direct result of the commission of a crime; a spouse, child,\nparent or legal guardian of a minor or incapacitated victim; or a spouse, child,\nparent or legal guardian of a victim of a homicide. Nothing in this subsection\nshall confer upon any person a right to appeal or modify any decision in a\ncriminal, appellate or habeas corpus proceeding; abridge any right guaranteed by\nlaw; or create any cause of action for damages against the Commonwealth or any\nof its political subdivisions, the Attorney General or any of his employees or\nagents, any other officer, employee or agent of the Commonwealth or any of its\npolitical subdivisions, or any officer of the court.\n\nHISTORY: Code 1950, \u00a7 2-90; 1958, c. 235; 1966, c. 677, \u00a7 2.1-124; 1974, c.\n490; 1975, c. 42; 1984, c. 703; 1993, c. 866; 1995, cc. 565, 839; 1997, c. 801;\n1998, cc. 507, 510; 2000, c. 239; 2001, c. 844; 2002, cc. 588, 623; 2003, c.\n103; 2004, cc. 450, 883, 996; 2007, c. 409; 2009, c. 847; 2021, Sp. Sess. I, c.\n489; 2023, cc. 314, 315.","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}}