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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>63822</law_id><section_number>16.1-137</section_number><catch_line>Procedure on appeal when warrant defective</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>16.1-296</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="16.1">Courts Not of Record</unit><unit label="chapter" level="2" order_by="1" identifier="7">Jurisdiction and Procedure in Criminal Matters</unit><unit label="article" level="3" order_by="1" identifier="2">Procedure in Criminal Cases</unit></structure><text>
						<section><p>Upon the <span class="dictionary">trial</span> of the warrant on <span class="dictionary">appeal</span> the <span class="dictionary">court</span> may, upon its own <span class="dictionary">motion</span> or upon the request either of the attorney for the <span class="dictionary">prosecution</span> or for the <span class="dictionary">accused</span>, <span class="dictionary">amend</span> the form of the warrant in any respect in which it appears to be defective. But when the warrant is so defective in form that it does not substantially appear from the same what is the <span class="dictionary">offense</span> with which the <span class="dictionary">accused</span> is charged, or even when it is not so seriously defective, the <span class="dictionary">judge</span> of the <span class="dictionary">court</span> having examined on <span class="dictionary">oath</span> the original complainant, if there be one, or if he sees good reason to believe that an <span class="dictionary">offense</span> has been committed, then without examination of witnesses, may <span class="dictionary">issue</span> under his own hand his warrant reciting the <span class="dictionary">offense</span> and requiring the <span class="dictionary">defendant</span> in the original warrant to be arrested and brought before him. Upon the <span class="dictionary">arrest</span> of the <span class="dictionary">defendant</span> on the new warrant and his production or <span class="dictionary">appearance</span> in <span class="dictionary">court</span> the <span class="dictionary">trial</span> shall proceed upon the new warrant. When there is an amendment of the original warrant the <span class="dictionary">trial</span> shall proceed on the amended warrant. But whether the warrant is amended or a new warrant is issued, the <span class="dictionary">court</span> before proceeding to <span class="dictionary">trial</span> on the same may grant a <span class="dictionary">continuance</span> to the <span class="dictionary">prosecution</span> or to the <span class="dictionary">defendant</span> upon such terms as to costs as may be proper under the circumstances of the case; provided, however, that if the warrant be amended or if a new warrant be issued after any <span class="dictionary">evidence</span> has been heard, the <span class="dictionary">accused</span> shall be entitled to a <span class="dictionary">continuance</span> as a matter of right.
		When a warrant is amended or a new warrant is issued the costs already accrued shall be taxed against the <span class="dictionary">defendant</span>, if he is ultimately convicted, as a part of the costs arising under the new or amended warrant.</p></section></text><history>1956, c. 555; 1958, c. 399.</history><metadata></metadata></law>
