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Virginia statute

Va. Code Ann. § 19.2-128 — Penalties for failure to appear

Current through 2026 Regular Session

Part of Article 1: Bail, Code of Virginia.

Criminal charges under this statute

Full text of Va. Code Ann. § 19.2-128

Statutory text current through the 2026 Regular Session. This publication reproduces the text of the Code of Virginia from the official Virginia Law Portal API published by the Virginia General Assembly's Division of Legislative Automated Systems; it is not the official Code of Virginia.

Va. Code Ann. § 19.2-128Primary source, current through the 2026 Regular Session
A. Whoever, having been released pursuant to this chapter or § 19.2-319 or on a summons pursuant to § 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. As used in this subsection, "willfully fails to appear" means intentional conduct for the purpose of avoiding the judicial process. Prior isolated instances of nonappearance, including convictions based on such nonappearance, are not evidence that a failure to appear was willful; however, a prior pattern of recurrent and purposeful conduct to evade prosecution may be considered factors in assessing willfulness. In determining whether a nonappearance was willful, the court shall consider mitigating circumstances, including (i) an illness, an injury, or any other unforeseen medical condition; (ii) unforeseen transportation problems; (iii) an inability to obtain adequate dependent care; and (iv) any affirmative steps taken by a person to communicate or remedy his failure to appear before any court or judicial officer as required. B. Any person (i) charged with a felony offense or (ii) convicted of a felony offense and execution of sentence is suspended pursuant to § 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 § 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.

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Legal terms used in this section

Questions this section answers

Is penalties for failure to appear a felony or a misdemeanor in Virginia?

It depends on the circumstances: penalties for failure to appear ranges from a class 1 misdemeanor to a class 6 felony in Virginia under Va. Code Ann. § 19.2-128.

Failure to appear — felony charge or suspended felony sentence: class 6 felony (Va. Code Ann. § 19.2-128B) · Failure to appear — misdemeanor charge or suspended misdemeanor sentence: class 1 misdemeanor (Va. Code Ann. § 19.2-128C)

Which Virginia statute covers penalties for failure to appear?

Penalties for failure to appear is governed by Va. Code Ann. § 19.2-128 (Penalties for failure to appear).

This reference is informational and is not legal advice.