Virginia statute
Va. Code Ann. § 19.2-183 — Examination of witnesses; assistance of counsel; evidentiary matters and remedies; power to adjourn case
Current through 2026 Regular Session
Part of Chapter 12: Preliminary Hearing, Code of Virginia.
Full text of Va. Code Ann. § 19.2-183
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.
A. The judge before whom any person is brought for an offense shall, as soon as may be practical, in the presence of such person, examine on oath the witnesses for and against him. Before conducting the hearing or accepting a waiver of the hearing, the judge shall advise the accused of his right to counsel and, if the accused is indigent and the offense charged be punishable by confinement in jail or the state correctional facility, the judge shall appoint counsel as provided by law.
B. At the hearing the judge shall, in the presence of the accused, hear testimony presented for and against the accused in accordance with the rules of evidence applicable to criminal trials in this Commonwealth. In felony cases, the accused shall not be called upon to plead, but he may cross-examine any witness who testifies on behalf of the Commonwealth or on behalf of any other defendant, introduce witnesses in his own behalf, and testify in his own behalf.
C. A judge may adjourn a trial, pending before him, not exceeding 10 days at one time, without the consent of the accused. A judge may, for an offense that he does not have jurisdiction to try and with the consent of the accused and the attorney for the Commonwealth, delay a proceeding in order for the accused to complete a specialty docket established pursuant to § 18.2-254.2 or a behavioral health docket established pursuant to § 18.2-254.3 . However, if the accused fails to complete such specialty docket or behavioral health docket, the court shall proceed pursuant to this section and § 19.2-186 .
D. At any preliminary hearing under this section, certificates of analysis and reports prepared pursuant to §§ 19.2-187 and 19.2-188 shall be admissible without the testimony of the person preparing such certificate or report.
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