Virginia Code
Va. Code Ann. § 19.2-191 (2026)
Functions of a grand jury
✓ current as of May 2026
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The functions of a grand jury are twofold:
(1) To consider bills of indictment prepared by the attorney for the Commonwealth and to determine whether as to each such bill there is sufficient probable cause to return such indictment "a true bill."
(2) To investigate and report on any condition that involves or tends to promote criminal activity, either in the community or by any governmental authority, agency or official thereof. These functions may be exercised by either a special grand jury or a regular grand jury as hereinafter provided.
1975, c. 495; 1980, c. 517; 2001, c. 4.
Notes of Decisions
Cited in 10
cases, 1982–2019 · leading case: Muhammad v. Com., 619 S.E.2d 16 (Va. 2005).
Muhammad v. Com., 619 S.E.2d 16 (Va. 2005). “Code §§ 19.2-191 through 205 govern the selection of regular grand jurors.”
Powell v. Commonwealth, 552 S.E.2d 344 (Va. 2001). “It is “the province of the grand jury [under Code § 19.2-191] to ascertain from the evidence adduced whether or not” the evidence will sustain the charge brought.”
Haas v. Trammell (In Re Trammell), 388 B.R. 182 (Bankr. E.D. Va. 2008). “Grand juries “consider bills of indictment prepared by the attorney for the Commonwealth and .”
Dalton v. Commonwealth, 499 S.E.2d 22 (Va. Ct. App. 1998). “It has provided for grand juries to consider bills of indictment, see Code § 19.2-191; it has commanded the use of indictments, presentments, and informations, see Code § 19.”
Armel v. Commonwealth, 505 S.E.2d 378 (Va. Ct. App. 1998). “2d 495, 496 (1961) (citation omitted); see also Code §§ 19.2-191, -200, -202. Although neither a preliminary hearing nor an indictment is “jurisdictional and constitutionally imposed,” it is reversible error to deny such statutory rights whenever asserted by an accused.”
Vihko v. Commonwealth, 393 S.E.2d 413 (Va. Ct. App. 1990). “See Code §§ 19.2-191 — 19.2-215; Blair v. United States, 250 U.”
Powell v. Com., 544 S.E.2d 679 (Va. 2001). “Thus, the amendment to the indictment was premised upon allegations not previously considered by the grand jury.”
Craig v. Barney, 678 F.2d 1200 (4th Cir. 1982). “The appellants, however, are subject to the contempt power of the state court if they refuse to comply with the subpoena, and they therefore have access to a forum for the presentation of their constitutional defenses.”
Mark M. Whitaker v. Commonwealth of Virginia (Va. Ct. App. 2019). “See Code § 19.2-191; Code § 19.2-206(A)(iii); see also Britt v.”
Commonwealth v. Holler, 7 Va. Cir. 131 (Shenandoah Cir. Ct. 1982). “The functions of the Grand Jury are clearly outlined in § 19.2-191 and indicate that it does that as an investigative body and not a trial body.”
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