Virginia Code

Va. Code Ann. § 19.2-157 (2026)

Duty of court when accused appears without counsel

✓ current as of May 2026

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Except as may otherwise be provided in §§ 16.1-266 through 16.1-268, whenever a person charged with a criminal offense the penalty for which may be confinement in the state correctional facility or jail, including charges for revocation of suspension of imposition or execution of sentence or probation, appears before any court without being represented by counsel, the court shall inform him of his right to counsel. The accused shall be allowed a reasonable opportunity to employ counsel or, if appropriate, the statement of indigence provided for in § 19.2-159 may be executed.

Code 1950, §§ 19.1-241.1, 19.1-241.7; 1964, c. 657; 1966, c. 460; 1973, c. 316; 1975, c. 495; 1978, c. 362; 2021, Sp. Sess. I, cc. 344, 345.

Notes of Decisions

Cited in 28 cases (5 in the last 5 years), 1978–2026 · leading case: Bolden v. Commonwealth, 397 S.E.2d 534 (Va. Ct. App. 1990).

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Bolden v. Commonwealth, 397 S.E.2d 534 (Va. Ct. App. 1990). · cites it 24× “We find that the trial court's action in the case before us was consistent with both the defendant's constitutional entitlement to the assistance of counsel and the procedural guidelines set forth in Code § 19.2-157 et seq. governing the right to counsel.”

McNair v. Commonwealth, 561 S.E.2d 26 (Va. Ct. App. 2002). · cites it 12× “2d 799 (1963); see also Code § 19.2-157. [1] The Sixth Amendment right to counsel also "implicitly embodies a `correlative right to dispense with a lawyer's help.”

Scott v. Illinois, 440 U.S. 367 (1979). · cites it 2× “04 (Vernon 1966) (any felony or misdemeanor punishable by imprisonment); Virginia: Va. Code §§ 19.2-157, 19.2-160 (Supp. 1978) (misdemeanors the penalty for which may be confinement in jail); Washington: Wash.”

Dodson v. Dir. of the Dep't of Corr., 355 S.E.2d 573 (Va. 1987). · cites it 7× “Indeed, this provision of the appropriations acts reinforces our conclusion that the General Assembly intended to provide court-appointed counsel for an appeal to this Court.”

Sargent v. Commonwealth, 360 S.E.2d 895 (Va. Ct. App. 1987). · cites it 4× “2-160 provided: If the charge against the accused is a misdemeanor the penalty for which may be by confinement in jail, and the accused is not represented by counsel, the court shall ascertain by oral examination of the accused whether or not the accused desires to waive his…”

Van Sant v. Commonwealth, 295 S.E.2d 883 (Va. 1982). · cites it 6× “Code § 19.2-157 provides that where a person charged with a criminal offense the penalty for which may be death or confinement in the penitentiary or in jail appears in court without counsel, the court shall advise him of his right to counsel.”

Blue v. Commonwealth, 644 S.E.2d 385 (Va. Ct. App. 2007). · cites it 6× “In support of that contention, Blue argues he did not voluntarily waive his right to counsel when he signed the waiver on December 4, 2003, his conduct in attempting to obtain counsel did not constitute a defacto waiver of his right to counsel, and he established on May 20,…”

Krieger v. Commonwealth, 567 S.E.2d 557 (Va. Ct. App. 2002). · cites it 4× “2d 573 , 577 (1987) (holding that Code § 19.2-157 provides an indigent person charged with the commission of a crime punishable by death or imprisonment is entitled to counsel throughout the appellate process).”

Lemke v. Commonwealth, 241 S.E.2d 789 (Va. 1978). · cites it 4× “The record does not show that the trial court followed the procedures mandated by Code §§ 19.2-157, et seq., 1 to determine whether the defendant wished to waive her right to counsel.”

Roberts v. Commonwealth, 445 S.E.2d 709 (Va. Ct. App. 1994). · cites it 2× “1-247, “non-compliance alone does not prove that the Commonwealth has failed to meet its burden of proving that the defendant waived his right to counsel” or his right against self-incrimination.”

Walker v. Forbes, 790 S.E.2d 240 (Va. 2016). · cites it 2× “Thus, it concluded that Virginia defendants have a statutory right to counsel during probation revocation hearings and appeals.”

Copeland v. Commonwealth, 419 S.E.2d 294 (Va. Ct. App. 1992). · cites it 2× “Finally, although Copeland had counsel present when the court revoked the suspension of his sentence, he was never told of his right to counsel pursuant to Code § 19.2-157. He may have wanted new counsel for the revocation hearing.”

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