                                 CODE OF VIRGINIA

PENALTIES FOR FAILURE TO APPEAR (§ 19.2-128)

A. Whoever, having been released pursuant to this chapter or &#xA7; 19.2-319 or
on a summons pursuant to &#xA7; 19.2-73 or 19.2-74, willfully fails to appear
before any court or judicial officer as required, shall, after notice to all
interested parties, incur a forfeiture of any security that may have been given
or pledged for his release, unless one of the parties can show good cause for
excusing the absence, or unless the court, in its sound discretion, shall
determine that neither the interests of justice nor the power of the court to
conduct orderly proceedings will be served by such forfeiture.

B. Any person (i) charged with a felony offense or (ii) convicted of a felony
offense and execution of sentence is suspended pursuant to &#xA7; 19.2-319 who
willfully fails to appear before any court as required is guilty of a Class 6
felony.

C. Any person (i) charged with a misdemeanor offense or (ii) convicted of a
misdemeanor offense and execution of sentence is suspended pursuant to &#xA7;
19.2-319 who willfully fails to appear before any court as required is guilty of
a Class 1 misdemeanor.

D. The provisions of this section shall not apply to any person who is (i)
incarcerated in any correctional facility or (ii) (a) detained in any state or
federal facility or (b) in the custody of a law-enforcement officer at the time
such person is required to appear before any court or judicial officer.

HISTORY: Code 1950, § 19.1-109.7; 1973, c. 485; 1975, c. 495; 1981, c. 382;
1982, c. 271; 1999, c. 821; 2024, c. 109.