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.
Code 1950, §§ 19.1-101, 19.1-102; 1960, c. 366; 1968, c. 639; 1973, c. 485; 1975, c. 495; 1982, c. 513; 2010, c. 555; 2026, c. 580.
Notes of Decisions
Cited in
12
cases (
3 in the last 5 years), 1982–2026 · leading case:
Wright v. Commonwealth, 667 S.E.2d 787 (Va. Ct. App. 2008).
Wright v. Commonwealth, 667 S.E.2d 787 (Va. Ct. App. 2008).
· cites it 18× “The defense further argued that the district court's grant of the Commonwealth's motion deprived Wright of her statutory right to a preliminary hearing pursuant to Code §§ 19.2-183 and 19.2-218, and violated her due process rights.”
James Wesley Amonett, Jr. v. Commonwealth of Virginia, 823 S.E.2d 504 (Va. Ct. App. 2019).
· cites it 2× “Likewise, Code § 19.2-183(D), discussing procedure during preliminary hearings, states that “[a]t any preliminary hearing under this section, certificates of analysis and reports prepared pursuant to §§ 19.”
Com. v. Jackson, 661 S.E.2d 810 (Va. 2008).
· cites it 2× “" Furthermore, if there is "not sufficient cause for charging [the accused] with the offense," the court "shall discharge the accused.”
Gagelonia v. Commonwealth, 661 S.E.2d 502 (Va. Ct. App. 2008).
· cites it 2× “” In passing, we note the plain language of Code § 19.2-183(B) (“At the [preliminary] 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…”
Lankford v. Foster, 546 F. Supp. 241 (W.D. Va. 1982).
· cites it 3× “Va. Code § 19.2-183. Supreme Court Rule 3A:5.”
Moss (W.D. Va. 2026).
· cites it 4× “The trial court ignored the requirements of Code § 19.2-183.1 on March 3, 2021; 3. During the preliminary hearing on June 10, 2021, the court ignored the requirements of Code § 19.”
Commonwealth v. Starkey, 27 Va. Cir. 31 (Loudoun Cir. Ct. 1991).
· cites it 10× “The judge at the preliminary hearing ignored the provisions of § 19.2-183(B) concerning the hearing of evidence for the accused.”
Clinton Cecil Harden v. Commonwealth of Virginia (Va. Ct. App. 2001).
· cites it 4× “Here, the court granted the Commonwealth's motion to adjourn the proceedings to provide an opportunity to locate the dispositional order of the J&D court.”
Simpson v. Clarke (E.D. Va. 2021).
· cites it 2× “Although the defendant is entitled to present evidence at a preliminary hearing, Code § 19.2-183(B), petitioner does not state he wished to testify at the preliminary hearing and does not proffer any other evidence counsel could have presented to demonstrate petitioner…”
Commonwealth v. Norton, 55 Va. Cir. 55 (Isle of Wight Cir. Ct. 2001).
· cites it 2× “This proceeding fully complied with Va. Code Ann. § 19.2-183 (B) (Michie 2000), which required the General District Court to conduct the hearing “in accordance with the rules of evidence applicable to criminal trials in this Commonwealth.”
— Va. Code Ann. § 19.2-183(A) — 1 case
— Va. Code Ann. § 19.2-183(B) — 5 cases
Com. v. Jackson, 661 S.E.2d 810 (Va. 2008).
“" Furthermore, if there is "not sufficient cause for charging [the accused] with the offense," the court "shall discharge the accused.”
Gagelonia v. Commonwealth, 661 S.E.2d 502 (Va. Ct. App. 2008).
“” In passing, we note the plain language of Code § 19.2-183(B) (“At the [preliminary] 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 v. Starkey, 27 Va. Cir. 31 (Loudoun Cir. Ct. 1991).
“The judge at the preliminary hearing ignored the provisions of § 19.2-183(B) concerning the hearing of evidence for the accused.”
Simpson v. Clarke (E.D. Va. 2021).
“Although the defendant is entitled to present evidence at a preliminary hearing, Code § 19.2-183(B), petitioner does not state he wished to testify at the preliminary hearing and does not proffer any other evidence counsel could have presented to demonstrate petitioner…”
— Va. Code Ann. § 19.2-183(C) — 1 case
— Va. Code Ann. § 19.2-183(D) — 1 case
James Wesley Amonett, Jr. v. Commonwealth of Virginia, 823 S.E.2d 504 (Va. Ct. App. 2019).
“Likewise, Code § 19.2-183(D), discussing procedure during preliminary hearings, states that “[a]t any preliminary hearing under this section, certificates of analysis and reports prepared pursuant to §§ 19.”
— Va. Code Ann. § 19.2-183(c) — 1 case
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