                                 CODE OF VIRGINIA

PROCEDURE WHEN WARRANT DEFECTIVE (§ 16.1-129.2)

Upon the trial of a warrant, the court may, upon its own motion or upon the
request either of the attorney for the prosecution or for the accused, amend 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 offense with which the accused is charged, or even when it
is not so seriously defective, the judge of the court having examined on oath
the original complainant, if there be one, or if he sees good reason to believe
that an offense has been committed, then without examination of witnesses, may
issue under his own hand his warrant reciting the offense and requiring the
defendant in the original warrant to be arrested and brought before him. Upon
the arrest of the defendant on the new warrant and his production or appearance
in court the trial shall proceed upon the new warrant. When there is an
amendment of the original warrant the trial shall proceed on the amended
warrant. But whether the warrant is amended or a new warrant is issued, the
court before proceeding to trial on the same may grant a continuance to the
prosecution or to the defendant 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 evidence has been heard, the
accused shall be entitled to a continuance 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 defendant, if he is ultimately convicted, as a part
of the costs arising under the new or amended warrant.

HISTORY: 1968, c. 495.