Virginia statute
Va. Code Ann. § 19.2-186 — When accused to be discharged, tried, committed, or bailed by judge
Current through 2026 Regular Session
Part of Chapter 12: Preliminary Hearing, Code of Virginia.
Full text of Va. Code Ann. § 19.2-186
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.
The judge shall discharge the accused if he considers that there is not sufficient cause for charging him with the offense.
If a judge considers that there is sufficient cause only to charge the accused with an offense which the judge has jurisdiction to try, then he shall try the accused for such offense and convict him if he deems him guilty and pass judgment upon him in accordance with law just as if the accused had first been brought before him on a warrant charging him with such offense.
If a judge considers that there is sufficient cause to charge the accused with an offense that he does not have jurisdiction to try then he shall certify the case to the appropriate court having jurisdiction and shall commit the accused to jail or let him to bail pursuant to the provisions of Article 1 (§ 19.2-119 et seq.) of Chapter 9. However, 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 under this section 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 § 19.2-183 and this section.
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