Va. Code » Title 19.2. Criminal Procedure » Chapter 13. Grand Juries » Article 2. Regular Grand Juries
Virginia Code

Va. Code Ann. § 19.2-203 (2026)

Indictments ignored may be sent to another grand jury; what irregularities not to vitiate indictment, etc

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Although a bill of indictment be returned not a true bill the same or another bill of indictment against the same person for the same offense may be sent to, and acted on, by the same or another grand jury. No irregularity in the time or manner of selecting the jurors, or in the writ of venire facias, or in the manner of executing the same, shall vitiate any presentment, indictment or finding of a grand jury.

Code 1950, § 19.1-158; 1960, c. 366; 1975, c. 495.

Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 1977–2026 · leading case: Moore v. Commonwealth, 237 S.E.2d 187 (Va. 1977).
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Moore v. Commonwealth, 237 S.E.2d 187 (Va. 1977). · cites it 2× “As the Attorney General points out, had the General Assembly intended to bar forever the bringing of an indictment after a finding of no probable cause by a district court, the statute could have easily been so drawn. We think the failure of the legislature to so provide was…”
Montalvo v. Commonwealth, 497 S.E.2d 519 (Va. Ct. App. 1998). · cites it 4× “Montalvo asserts that the evidence does not support the judge's finding that he was uncooperative in providing the medical release.”
Silk v. Clarke, No. 7:21-cv-00294 (W.D. Va. July 12, 2022). · cites it 3× “Va. Code § 19.2-203. There is no difference between seeking the same indictment a second time and seeking an indictment after the district court fails to find probable cause.”
Commonwealth v. Rankin, 93 Va. Cir. 169 (Portsmouth Cir. Ct. 2016). · cites it 2× “” The Commonwealth elected not to present the indictment to a Grand July a second time, which it was entitled to pursuant to Virginia Code § 19.2-203. Moreover, it has been over four years since the Grand Jury was presented with the indictment charging Stephen D.”
Christopher Andrew Craig v. Commonwealth of Virginia, No. 0450254 (Va. Ct. App. June 9, 2026). · cites it 2× “Code § 19.2-203 authorizes a sentencing court, after conviction, to suspend all or part of the sentence and place the defendant on probation “under such conditions as the court shall determine.”
Commonwealth v. Case, 54 Va. Cir. 578 (Norfolk Cir. Ct. 2001). · cites it 2× “) [now Code § 19.2-203], which permits reindictment of the same accused on the same charge when a prior indictment is returned “not a true bill.”
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