Va. Code » Title 16.1. Courts Not of Record » Chapter 7. Jurisdiction and Procedure in Criminal Matters » Article 2. Procedure in Criminal Cases
Virginia Code

Va. Code Ann. § 16.1-129 (2026)

Offenses tried on warrants, or as provided in Chapter 7 of Title 19.2

✓ current as of May 2026
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Every offense of which a court not of record is given jurisdiction under this title may be tried upon a warrant; or the judge of such court may, in his discretion, make an examination into the offense and proceed according to the provisions of Chapter 7 (§ 19.2-71 et seq.) of Title 19.2. The word warrant as used in this chapter shall be construed to include a summons or notice requiring a person to appear and answer a charge of having violated any statute, ordinance, or any regulation having the force and effect of law.

1956, c. 555; 1960, c. 373.

Notes of Decisions
Cited in 8 cases (1 in the last 5 years), 1962–2024 · leading case: Colten v. Kentucky, 407 U.S. 104 (1972).
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Colten v. Kentucky, 407 U.S. 104 (1972). · cites it 2× “10 (1966); Va. Code Ann. § 16.1-129 et seq. (1950); Wash.”
Dwayne A. Farmer v. Commonwealth of Virginia, 746 S.E.2d 504 (Va. Ct. App. 2013). · cites it 2× “See Code § 16.1-129 (stating that “[e]very offense of which a court not of record is given jurisdiction under this title may be tried upon a warrant”).”
Hines v. Commonwealth, 576 S.E.2d 781 (Va. Ct. App. 2003). · cites it 2× “Code § 16.1-129. If the accused “willfully violates his written promise to appear” in court, given when he signed the summons, he can be convicted for failure to appear under Code § 19.”
Bellinger v. Commonwealth, 477 S.E.2d 779 (Va. Ct. App. 1996). · cites it 2× “Code § 16.1-129 permits a criminal charge to be tried on a warrant in a court not of record.”
McClung v. Weatherholtz, 351 F. Supp. 5 (W.D. Va. 1972). “A different judge (or jury) determines guilt and fixes the punishment in the superior court.”
Commonwealth v. Dipietro, 79 Va. Cir. 55 (Fairfax Cir. Ct. 2009). · cites it 2× “The Court has considered and rejected the applicability of Virginia Code § 16.1-129, which reads in part as follows: “Every offense of which a court not of record is given jurisdiction under this title may be tried upon a warrant; or the judge of such court may, in his…”
Laing v. Commonwealth, 127 S.E.2d 142 (Va. 1962). “§ 16.1-129. The warrant in this case was given that effect in the circuit court.”
Konradt Gunter Tatusko v. Commonwealth of Virginia (Va. Ct. App. 2024). · cites it 2× “” Code § 16.1-129. “[A]s long as the warrant is not so defective as to fail to notify the defendant of the nature and character of the offense charged, both courts have the power to amend a warrant ‘in any respect in which it appears to be defective .”
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