State Codes and Statutes

Statutes > Virginia > Title-19-2 > Chapter-15 > 19-2-254

§ 19.2-254. Arraignment; pleas; when court may refuse to accept plea.

Arraignment shall be conducted in open court. It shall consist of reading tothe accused the charge on which he will be tried and calling on him to pleadthereto. In a felony case, arraignment is not necessary when waived by theaccused. In a misdemeanor case, arraignment is not necessary when waived bythe accused or his counsel, or when the accused fails to appear.

An accused may plead not guilty, guilty or nolo contendere. The court mayrefuse to accept a plea of guilty to any lesser offense included in thecharge upon which the accused is arraigned; but, in misdemeanor and felonycases the court shall not refuse to accept a plea of nolo contendere.

With the approval of the court and the consent of the Commonwealth, adefendant may enter a conditional plea of guilty in a felony case, reservingthe right, on appeal from the judgment, to a review of the adversedetermination of any specified pretrial motion. If the defendant prevails onappeal, he shall be allowed to withdraw his plea.

(1975, c. 495; 1987, c. 357.)

State Codes and Statutes

Statutes > Virginia > Title-19-2 > Chapter-15 > 19-2-254

§ 19.2-254. Arraignment; pleas; when court may refuse to accept plea.

Arraignment shall be conducted in open court. It shall consist of reading tothe accused the charge on which he will be tried and calling on him to pleadthereto. In a felony case, arraignment is not necessary when waived by theaccused. In a misdemeanor case, arraignment is not necessary when waived bythe accused or his counsel, or when the accused fails to appear.

An accused may plead not guilty, guilty or nolo contendere. The court mayrefuse to accept a plea of guilty to any lesser offense included in thecharge upon which the accused is arraigned; but, in misdemeanor and felonycases the court shall not refuse to accept a plea of nolo contendere.

With the approval of the court and the consent of the Commonwealth, adefendant may enter a conditional plea of guilty in a felony case, reservingthe right, on appeal from the judgment, to a review of the adversedetermination of any specified pretrial motion. If the defendant prevails onappeal, he shall be allowed to withdraw his plea.

(1975, c. 495; 1987, c. 357.)


State Codes and Statutes

State Codes and Statutes

Statutes > Virginia > Title-19-2 > Chapter-15 > 19-2-254

§ 19.2-254. Arraignment; pleas; when court may refuse to accept plea.

Arraignment shall be conducted in open court. It shall consist of reading tothe accused the charge on which he will be tried and calling on him to pleadthereto. In a felony case, arraignment is not necessary when waived by theaccused. In a misdemeanor case, arraignment is not necessary when waived bythe accused or his counsel, or when the accused fails to appear.

An accused may plead not guilty, guilty or nolo contendere. The court mayrefuse to accept a plea of guilty to any lesser offense included in thecharge upon which the accused is arraigned; but, in misdemeanor and felonycases the court shall not refuse to accept a plea of nolo contendere.

With the approval of the court and the consent of the Commonwealth, adefendant may enter a conditional plea of guilty in a felony case, reservingthe right, on appeal from the judgment, to a review of the adversedetermination of any specified pretrial motion. If the defendant prevails onappeal, he shall be allowed to withdraw his plea.

(1975, c. 495; 1987, c. 357.)