Va. Code » Title 19.2. Criminal Procedure » Chapter 14. Presentments, Indictments and Informations » Article 1. Necessity for Indictment, Etc.
Virginia Code

Va. Code Ann. § 19.2-217 (2026)

When information filed; prosecution for felony to be by indictment or presentment; waiver; process to compel appearance of accused

✓ current as of May 2026
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An information may be filed by the attorney for the Commonwealth based upon a complaint in writing verified by the oath of a competent witness; but no person shall be put upon trial for any felony, unless an indictment or presentment shall have first been found or made by a grand jury in a court of competent jurisdiction or unless such person, by writing signed by such person before the court having jurisdiction to try such felony or before the judge of such court shall have waived such indictment or presentment, in which event he may be tried on a warrant or information. If the accused be in custody, or has been recognized or summoned to answer such information, presentment or indictment, no other process shall be necessary; but the court may, in its discretion, issue process to compel the appearance of the accused.

Code 1950, § 19.1-162; 1960, c. 366; 1975, c. 495.

Notes of Decisions
Cited in 23 cases (3 in the last 5 years), 1977–2026 · leading case: Rawls v. Com., 634 S.E.2d 697 (Va. 2006).
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Rawls v. Com., 634 S.E.2d 697 (Va. 2006). · cites it 10× “However, Rawls did not sign a written waiver of indictment in the presence of the trial court as required by Code § 19.2-217. On the morning of trial, the Commonwealth moved to amend the allegation in the warrant from possession of a firearm after conviction of a felony " not…”
Russell Ervin Brown, III v. Commonwealth of Virginia, 813 S.E.2d 557 (Va. Ct. App. 2018). · cites it 4× “Code § 19.2-217 provides in part that “no person shall be put upon trial for any felony, unless an indictment or presentment shall have first been found or made by a grand jury in a court of competent jurisdiction.”
Commonwealth v. Bass, 786 S.E.2d 165 (Va. 2016). · cites it 2× “See Code § 19.2-217. Accordingly, there is no error of constitutional magnitude at issue.”
Donald Keith Epps v. Commonwealth of Virginia, 785 S.E.2d 792 (Va. Ct. App. 2016). · cites it 4× “” Additionally, Rule 3A:5(c) of the Supreme Court of Virginia directs that “[t]he indictment shall be endorsed ‘A True Bill’ or ‘Not a True Bill’ and signed by the foreman.”
Johnson v. Commonwealth, 529 S.E.2d 769 (Va. 2000). · cites it 4× “As discussed above, since Johnson previously had been tried and convicted as an adult for rape, the Commonwealth was not required to institute new proceedings in the juvenile court. Code § 16.1-271.”
Rowe v. Com., 675 S.E.2d 161 (Va. 2009). · cites it 2× “Code § 19.2-217. In this context, we have recognized that the Due Process Clauses of both the Fourteenth Amendment of the Constitution of the United States and Article 1, Section 8 of the Constitution of Virginia require that an accused be given proper notification of the…”
Grier v. Commonwealth, 546 S.E.2d 743 (Va. Ct. App. 2001). · cites it 4× “In compliance with the mandate of Article I, Section 8, Code § 19.2-217 provides, in pertinent part, that “no person shall be put upon trial for any felony, unless an indictment or presentment shall have first been found or made by a grand jury.”
Wilson v. Commonwealth, 525 S.E.2d 1 (Va. Ct. App. 2000). · cites it 8× “Code § 19.2-217 provides that “no person shall be put upon trial for any felony, unless an indictment or presentment shall have first been found or made by a grand jury in a court of competent jurisdiction or *505 unless such person” waives, in writing, the right to indictment…”
Epps v. Commonwealth, 799 S.E.2d 516 (Va. 2017). · cites it 2× “Code § 19.2-217 provides that "no person shall be put upon trial for any felony, unless an indictment or presentment shall have first been found or made by a grand jury in a court of competent jurisdiction.”
Burfoot v. Commonwealth, 473 S.E.2d 724 (Va. Ct. App. 1996). · cites it 2× “See Code §§ 19.2-217, -218. An adult defendant charged with a crime is not always entitled to a preliminary hearing.”
Reed v. Com., 706 S.E.2d 854 (Va. 2011). · cites it 2× “See Code § 19.2-217 ("no person shall be put upon trial for any felony, unless an indictment or presentment shall have first been found or made by a grand jury in a court of competent jurisdiction").”
Moore v. Commonwealth, 237 S.E.2d 187 (Va. 1977). “) (now with minor changes § 19.2-217) and § 19.1-163.1 (1960 Repl. Vol.”
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