Va. Code » Title 19.2. Criminal Procedure » Chapter 14. Presentments, Indictments and Informations » Article 4. Process
Virginia Code

Va. Code Ann. § 19.2-237 (2026)

Process on indictment or presentment for misdemeanor

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On any indictment or presentment for a misdemeanor process shall be issued immediately. If the accused appear and plead to the charge, the trial shall proceed without delay, unless good cause for continuance be shown. If, in any misdemeanor case the accused fails to appear and plead, when required the court may either award a capias or proceed to trial in the same manner as if the accused had appeared, plead not guilty and waived trial by jury, provided, that the court shall not in any such case enforce a jail sentence.

Code 1950, §§ 19.1-180, 19.1-184; 1960, c. 366; 1975, c. 495; 1979, c. 468.

Notes of Decisions
Cited in 7 cases, 1980–2004 · leading case: Daymon Ruffin v. CW, 542 S.E.2d 808 (Va. Ct. App. 2001).
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Daymon Ruffin v. CW, 542 S.E.2d 808 (Va. Ct. App. 2001). · cites it 16× “Analysis Ruffin argues that the trial court incorrectly sentenced him in his absence and bases his argument on Code § 19.2-237, which provides the following: On any indictment or presentment for a misdemeanor, process shall be issued immediately.”
Head v. Commonwealth, 348 S.E.2d 423 (Va. Ct. App. 1986). · cites it 4× “2-237, 2 prohibiting the enforcement of any misdemeanor jail sentence on a defendant tried in absentia, has statutorily recognized that there are important policy considerations which suggest that the system of justice would be better served by delaying the imposition of…”
Tweedy v. State, 845 A.2d 1215 (Md. 2004). · cites it 2× “See Va.Code Ann. § 19.2-237 (2000 Repl.Vol., 2003 Cum.”
Bilokur v. Commonwealth, 270 S.E.2d 747 (Va. 1980). · cites it 2× “Code § 19.2-237 (Cum. Supp. 1980). 2 Popular reaction to the use of affidavits in the trial of Sir Walter Raleigh catalyzed development of the English common-law principle from which the Sixth Amendment confrontation guarantee was derived.”
Hohman v. Commonwealth, 493 S.E.2d 886 (Va. 1997). · cites it 6× “________________________ JUSTICE KEENAN, with whom JUSTICE LACY joins, dissenting: I would hold that the language of Code § 19.2-237 is unambiguous and prohibits a trial court from enforcing a jail sentence in a misdemeanor case in which the defendant has failed to appear and…”
William P Robinson, Jr v. Commonwealth, No. 2901011 (Va. Ct. App. Apr. 1, 2003). · cites it 6× “Code § 19.2-237 1 states a defendant shall not be sentenced to jail in absentia.”
Thomas Franklin Hohman v. Commonwealth, No. 0815954 (Va. Ct. App. Dec. 31, 1996). · cites it 9× “"The [S]ixth [A]mendment right of confrontation is a 'fundamental 2 For misdemeanor offenses, the applicable statute is Code § 19.2-237, which provides: On any indictment or presentment for a misdemeanor process shall be issued immediately.”
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