Virginia Code
Va. Code Ann. § 19.2-259 (2026)
On trial for felony, accused to be present; when court may enter plea for him, and trial go on
✓ current as of May 2026
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A person tried for felony shall be personally present during the trial. If when arraigned he will not plead or answer and does not confess his guilt the court shall have the plea of not guilty entered and the trial shall proceed as if the accused had put in that plea. But for the purposes of this section a motion for a continuance, whether made before or after arraignment, shall not be deemed to be part of the trial.
Code 1950, § 19.1-240; 1960, c. 366; 1975, c. 495.
Notes of Decisions
Cited in 41
cases (2 in the last 5 years), 1980–2024 · leading case: Graham v. Commonwealth, 525 S.E.2d 567 (Va. Ct. App. 2000).
Graham v. Commonwealth, 525 S.E.2d 567 (Va. Ct. App. 2000). “Given the seriousness of the charges, the threatened misconduct, the prior misconduct during transport, and the lack of evidence that the jury saw the restraints, we conclude that the trial court did not err. The defendant was absent during the hearing on whether to shackle him.”
Head v. Commonwealth, 348 S.E.2d 423 (Va. Ct. App. 1986). “The issues presented are: (1) whether Head voluntarily waived his sixth amendment right to confront the witnesses against him; (2) whether Head waived his statutory right to be present during his trial, pursuant to Code § 19.2-259; and (3) whether Head waived his right to be…”
Quintana v. Commonwealth, 295 S.E.2d 643 (Va. 1982). “" Code § 19.2-259. While we have held that "the accused cannot waive it", Noell v.”
Remington v. Commonwealth, 551 S.E.2d 620 (Va. 2001). “Counsel concluded their closing arguments in the penalty phase on August 23, 2000.”
Jones v. Commonwealth, 317 S.E.2d 482 (Va. 1984). “Code § 19.2-259 provides in pertinent part that “[a] person tried for felony shall be personally present during the trial.”
Juan Daniel Vaca Diez Nunez v. Commonwealth of Virginia, 783 S.E.2d 62 (Va. Ct. App. 2016). “The public defender asked the court to dismiss the charge, pursuant to Code § 18.2-251. At a hearing on January 9, 2015, the court rejected the pleas by Nunez’s attorneys to dismiss the case.”
Cruz v. Commonwealth, 482 S.E.2d 880 (Va. Ct. App. 1997). “He stated that Cruz was concerned about the trial and that he drank too much the night before trial and overslept.”
Thomas Clayton Baldwin, s/k/a, etc. v. Commonwealth of Virginia, 598 S.E.2d 754 (Va. Ct. App. 2004). “Baldwin contends that the trial judge erred by considering in his absence the post-sentencing objection and motion and by failing to make a record in open court. He argues that the judge’s decision to exclude him from the chambers conference violated his right to be present at…”
Simmons v. Commonwealth, 681 S.E.2d 56 (Va. Ct. App. 2009). “1-240, the predecessors to Code § 19.2-259. Roach held that “[wjithout a plea entered in person by the accused, or by the court, there can be no trial of a felony charge.”
Hunter v. Commonwealth, 409 S.E.2d 483 (Va. Ct. App. 1991). “The court also stated, “[I]f you do not find the defendant guilty of attempted robbery, then the only verdict you can come back with on the use of a firearm is not guilty.”
Sisk v. Commonwealth, 350 S.E.2d 676 (Va. Ct. App. 1986). “" It is significant that the General Assembly did not also provide that failure to appear at a felony case would be deemed a waiver of the right to be present.”
Ellis v. Commonwealth, 317 S.E.2d 479 (Va. 1984). “With respect to the third ground, viz., the juror was interviewed by the trial judge without notice to, and in the absence of, the defendant and his counsel, the defendant argues that this action violated his right under Code § 19.”
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