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.
Code 1950, § 19.1-106; 1960, c. 366; 1968, c. 639; 1973, c. 485; 1975, c. 495; 1999, cc. 829, 846; 2026, c. 580.
Notes of Decisions
Ronald Taft Davis, III v. Commonwealth of Virginia, 754 S.E.2d 533 (Va. Ct. App. 2014).
· cites it 8× “To that end, Code § 19.2-186 simply authorizes the general district court judge to “discharge the accused if [the judge] considers that there is not sufficient cause for charging him with the offense.”
Com. v. Jackson, 661 S.E.2d 810 (Va. 2008).
· cites it 4× “" Code § 19.2-186. But, we did not know until today that a court at a preliminary hearing on a criminal charge acts as a trier of fact and that this role is "the one traditionally applied in Virginia" at preliminary hearings.”
Herrington v. Commonwealth, 781 S.E.2d 561 (Va. 2016).
· cites it 4× “The only statute cited by Herrington, Code § 19.2-186, governs preliminary hearings.”
Painter v. Commonwealth, 623 S.E.2d 408 (Va. Ct. App. 2005).
· cites it 4× “When an accused is brought before a district court for a preliminary hearing on a felony charge, the district court has, pursuant to Code § 19.2-186, three options: *233 The judge shall discharge the accused if he considers that there is not sufficient cause for charging him…”
Jordan v. Commonwealth, 225 S.E.2d 661 (Va. 1976).
· cites it 4× “We would observe that if there be apprehension that a Commonwealth’s Attorney may unreasonably bargain away the state’s right and duty to prosecute, or that, pursuant to Code § 19.2-186, courts not of record may improperly dispose of serious felony charges by reducing them to…”
Fisher v. Commonwealth, 232 S.E.2d 798 (Va. 1977).
· cites it 2× “See Code § 19.2-186 (then § 19.1-106); Rule 3A:5(b)(2)(ii).”
Greenwalt v. Commonwealth, 297 S.E.2d 709 (Va. 1982).
· cites it 2× “In Moore , we held that an accused is not in jeopardy at a preliminary hearing, even though the district court has the power under Code § 19.2-186 to reduce a felony charge to a misdemeanor and try it.”
Moore v. Commonwealth, 237 S.E.2d 187 (Va. 1977).
“1974) (now, with slight modification, § 19.2-186), when the district court finds there is no probable cause to hold the defendant for trial on the felony charge, but included in the charge are lesser offenses over which the court has jurisdiction, such court is required to try…”
Armel v. Commonwealth, 505 S.E.2d 378 (Va. Ct. App. 1998).
· cites it 2× “2d 187, 190 (1977) (citation omitted); see Code § 19.2-186. Similarly, direct indictment by a grand jury results from a finding of “just or probable cause” that the accused committed a specified criminal offense.”
Commonwealth v. Painter, 64 Va. Cir. 455 (Rockingham Cir. Ct. 2004).
· cites it 7× “See Va. Code § 19.2-186 (2003). As such, the preliminary hearing for the felony is transformed into a bench trial for the misdemeanor.”
Herrington v. Commonwealth (Va. 2016).
· cites it 4× “The only statute cited by Herrington, Code § 19.2-186, governs preliminary hearings.”
Goolsby v. Hutto, 529 F. Supp. 92 (E.D. Va. 1981).
· cites it 2× “In accordance with Code of Virginia § 19.2-186 (1975), the court discharged the petitioner as to the felony and set the misdemeanor for trial.”
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